Tilted Forum Project Discussion Community - View Single Post - Do service providers have the right to refuse service on moral grounds?

DDDDave · 06-15-2006, 02:35 PM

I agree with most everyone else that in the case of private businesses, they are free to serve whomever they choose, to their own financial detriment.

And to add to the discussion re: residential landlord issues. The Civil Rights Act of 1968 included a section concerning Fair Housing. The Act has been added to and clarified over the years and currently says:

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

Of course there are exceptions to any rule. In your case Sultana, it is hard to tell from your info if the landlord's actions were illegal, but they certainly could have been.

(b) Nothing in section 804 of this title (other than subsection (c) shall apply to--
(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any time: Provided further, That in the case of the sale of any such single family house by a private
{{6-30-05 p.6988.01}}individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this title only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in a violation of section 804(c) of this title; but nothing in the proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or
(2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(c) For the purposes of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if--
(1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or
(2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or
(3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

Subsection c, mentioned above, involves advertising. So even if you are the owner of a single family home and do not employ an agent to lease the property, you are not allowed to advertise in a manner that is in violation of the Fair Housing Law.

FYI, I have been 'shopped' by government agents before. They call on advertisements and ask very leading questions trying to get you to somehow disqualify them based on the sound of their voice or babies crying in the background. What I do, and I recommend this to my clients, is make a very specific list of criteria that they want in their tenants. Employed? How long? Where? Credit history, past landlord references, outstanding debts. These are all very legitimate questions to ask. If the person/persons meet these criteria who cares if they are black, white, disabled, gay, Jewish or whatever? If people want me to discriminate, I just tell them they need to rent the property out themselves.

BTW, in the case of commercial property rentals, I can rent or not rent to whomever I want. I have 'discriminated' in cases and not been proud of it, but it was the best business decision for me at the time.

06-15-2006, 02:35 PM	#18 (permalink)
DDDDave Addict Location: Sarasota	I agree with most everyone else that in the case of private businesses, they are free to serve whomever they choose, to their own financial detriment. And to add to the discussion re: residential landlord issues. The Civil Rights Act of 1968 included a section concerning Fair Housing. The Act has been added to and clarified over the years and currently says: Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). Of course there are exceptions to any rule. In your case Sultana, it is hard to tell from your info if the landlord's actions were illegal, but they certainly could have been. (b) Nothing in section 804 of this title (other than subsection (c) shall apply to-- (1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any time: Provided further, That in the case of the sale of any such single family house by a private {{6-30-05 p.6988.01}}individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this title only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in a violation of section 804(c) of this title; but nothing in the proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or (2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (c) For the purposes of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if-- (1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or (2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or (3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. Subsection c, mentioned above, involves advertising. So even if you are the owner of a single family home and do not employ an agent to lease the property, you are not allowed to advertise in a manner that is in violation of the Fair Housing Law. FYI, I have been 'shopped' by government agents before. They call on advertisements and ask very leading questions trying to get you to somehow disqualify them based on the sound of their voice or babies crying in the background. What I do, and I recommend this to my clients, is make a very specific list of criteria that they want in their tenants. Employed? How long? Where? Credit history, past landlord references, outstanding debts. These are all very legitimate questions to ask. If the person/persons meet these criteria who cares if they are black, white, disabled, gay, Jewish or whatever? If people want me to discriminate, I just tell them they need to rent the property out themselves. BTW, in the case of commercial property rentals, I can rent or not rent to whomever I want. I have 'discriminated' in cases and not been proud of it, but it was the best business decision for me at the time. __________________ I am just a simple man trying to make my way in the universe... "Go confidently in the direction of your dreams. Live the life you have imagined." - Thoreau "Nothing great was ever accomplished without enthusiasm" - Emerson