resale to non citizens - Posted by Tricia L.

Posted by Tim Fierro (Tacoma, WA) on July 14, 2002 at 19:49:52:

The information I have is from books sitting on my shelf for Washington State, but covers some federal laws and regulations also. I suppose one could find the same information with the individual state web sites and federal web sites dealing with fair housing laws. I am not involved in real estate dealing with over 55+ type communities. As an agent, I have to be aware of the discriminatory practices and not be involved in them; but I don’t have them memorized. :slight_smile:

If you, as an individual investor, want to rent and/or sell property; you cannot discriminate. That criteria are things such as race, religion, family status, age, and few others. However, these laws also have exceptions that may be taken into account. The example given that an over age 55+ community that is built for this purpose, “can” discriminate to those under 55 years of age.

When we are talking about family status and children, you cannot discrimate on the basis that someone has a child, divorced, single, married, or be denied because of that status; and this is different than an over 55 age community built for that express purpose of a community made of those over the age of 55.

My opinions? Sure, I don’t mind communities with restrictions for the over 55+ crowd. These folks want a community to enjoy their peaceful surroundings and don’t want the 8 year olds yelling out, “Hey, look at the old people!”. :slight_smile: Remember though, these are communities exempt from this, not an individual investor discriminating against someone over the age of 55 years old.

resale to non citizens - Posted by Tricia L.

Posted by Tricia L. on July 13, 2002 at 16:58:01:

I am just starting research in my area and am considering beginning with mobile homes (the capital investment is small enough for a rank beginner). However, how do I find out if it is illegal to sell (lease/option)to illegal aliens? I am concerned that contacting the INS will just raise a red flag with them. We plan on marketing the mobile homes to the Hispanic population in my area many of which are illegals. Thank you in advance for any assistance.

Re: resale to non citizens - Posted by Scott Ewing S.W. Mich

Posted by Scott Ewing S.W. Mich on July 14, 2002 at 06:20:11:

First you don’t EVER market to a particular ethnic group. HUD would be knocking on your door by the end of the day. Second, if you are selling on terms, due diligance is perfectly acceptable. They have to have a photo ID if you close at a title office anyway so get copies of those, S.S. cards and/or green cards. Make it standard policy so you can’t be accused of making special conditions for one group. It is not your job to find out if they are positivly legal. As long as you do your end with reasonable care, you should be reasonably safe. If they are trying to get financing for direct purchase, the finance company will research them anyway. Final thought- If you do rent/option to illegals, they would be deported and then if your place was trashed, how would you recover? Think your strategy once, twice, and then again. Hope this helps. Scott

Re: resale to non citizens - Posted by Wayne-NC

Posted by Wayne-NC on July 14, 2002 at 09:21:58:

Would HUD object to marketing the ethnic group of ONLY legal residents and US citizens? Just a thought.

Re: resale to non citizens - Posted by Scott Ewing S.W. MIch

Posted by Scott Ewing S.W. MIch on July 14, 2002 at 09:30:32:

Legal residents aren’t an ethnic group. As long as the buyer- any buyer- is legal to reside in the country, they can not be descriminated against. The ads should be a generic as posible. To market specifically to hispanics would be the same as saying “nice white, Italian, christian neighborhood” Even if you didn’t say “no blacks or Jews” the implication is there and that is enough to get you prosecuted.

Re: resale to non citizens - Posted by Wayne-NC

Posted by Wayne-NC on July 14, 2002 at 11:08:21:

I agree again. I’m just making a point. What is an “ethnic” group? I am an ethnic American and by definition is of or relating to races OR large groups of people classed according to COMMON TRAITS AND CUSTOMS. Are we so diluted now that we cannot be a group of Americans living in the United States? Everybody wants their own groups and customs now a days without any reference to the customs, history, and culture that what was here before. With that said and as I said before, I agree with you. So how does the ethnic group of senior citizens get away with places such as Leisureville (in Florida) only marketing and selling homes to people 55 and over? It is in their bylaws. I say it is age discrimination. I saw the development as a great investment opportunity. I am not allowed to buy, live, or rent property there. What is up with that? Your thoughts please. Am I off base here?

Re: resale to non citizens - Posted by Tim Fierro (Tacoma, WA)

Posted by Tim Fierro (Tacoma, WA) on July 14, 2002 at 13:35:02:

55+ subdivision are another class of people for where there are exemptions that you could have a complex made up of these folks. Perfectly legal and not discrimanation.

Re: resale to non citizens - Posted by Wayne-NC

Posted by Wayne-NC on July 14, 2002 at 14:00:58:

Thanks Tim. I was not aware of this exemption and still wonder how they can get away with it in todays society. The development I was mentioning is 30 years old. I don’t think it’s been challenged either. Questions. Are there any other exemptions of a discriminatory nature that you know of? Do you feel this may be a form of age discrimination? I still can’t fathom how this is not discrimination. Do you agree with this policy? Enlighten me on this subject, please. I have thought about this ever since my grandfather bought the home. Now, me being under 55 he cannot pass the home on to me upon his death? WOW!

Re: resale to non citizens - Posted by Tim Fierro (Tacoma, WA)

Posted by Tim Fierro (Tacoma, WA) on July 14, 2002 at 16:47:22:

There are some government programs to assist the elderly and these have an exemption that would allow no children. Similar to a development where 80% of the occupants are over 55. I believe that only 1 person has to be the 55 and the other may be younger, but it has been a while since I looked that up. Religous organizations which are not operated for commercial purposes may also rent to their own religious faith and do not have to abide by the rulings. Minor things like this.

Very similar to a rooming house or a landlord who is renting out rooms in their own private house. They can prefer to rent to who ever they want. If they want a white woman in her 20’s who is a christian, I think they can do this up to a 4 unit. As far as advertising for it though, I don’t know the limitation.

Re: resale to non citizens - Posted by Wayne-NC

Posted by Wayne-NC on July 14, 2002 at 17:37:17:

As usual a most infomative answer, however I posed this senario to the previous poster Scott on e-mail. Suppose I was 55 years old with children or grandchildren. There is a conflict of interest as I see it. I guess there are always exceptions in those by-laws. My question then is where does the main exception lie, with age or children? Scott said that you cannot discriminate against a family with children, and that was a good point also. With that logic, children must be allowed as long as the age requirement has been met which goes against the main (not sole) purpose of the age requirement. I believe that was stated in an earlier post. I notice you use facts and don’t offer any opinions. Where do you get your info? Are you involved in this type of Real Estate? Your further comments please.