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Housing Laws

What are fair housing laws?

The Fair Housing Law helps regulate the act of discrimination against people when they are buying, renting, or participating in housing programs. The main purpose of the Fair Housing Law is to help protect the buyer/renter of a house or other dwelling from a landlord/seller from discriminating against the buyer/renter. The fair housing law states that it is against the law to refuse to sell, rent to, or negotiate with anyone due to the person belonging to a certain class, ethnic, religion, sexual orientation and/or gender.

In the state of Missouri, if a person is out of lease and not paying rent, can a landlord have the person’s items removed from the apartment or does the landlord have to give a notice that they are intending to evict the persons belongings

In the state of Missouri, the landlord must go through the eviction process. Missouri law does not allow the landlord to evict the tenant on their own, therefore the landlord must go through court and the sheriff and the eviction process to remove the tenant and their belongings.

In the state of Nebraska, what are the statutes for the number of people that are allowed in an apartment?

Nebraska Municipal Code states: “Municipal Code states: 21.01.080 Section 503.2 Floor Area: Dwelling units shall have at least one room which shall have not less than 120 square feet of floor area. Other habitable rooms, except kitchens and rooms occupied for sleeping purposes by more than one person shall have an area of not less than 70 square feet. Every room occupied for sleeping purposes by more than one person shall contain at least fifty square feet of floor area for each occupant thereof. Efficiency units are required to: 1. Have a living room of not less than 220 square feet of floor area. An additional 100 square feet of floor area shall be provided for each occupant of such unit in excess of two. 2. The unit shall be provided with a separate closet. 3. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty inches in front. Light and ventilation conforming to this code shall be provided. 4. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.” However these statutes may vary depending on the city ordinance.

What can a renter do if the apartment complex that they live in is threatening to evict them due to the neighbors complaining that the children are too loud?

The apartment complex has to give sufficient notice to evict anyone. Once the notice is given, the tenant has to go in front of a judge and convince him/her why the neighbors can hear the children, or in other words defend the actions of the children. The apartment should take into account the fact there are children, but if they don’t then the tenant has to show the judge that there is unfair acts in evicting them. If the tenant wins the case then they will be able to finish the lease without further issue, but if the tenant looses, then they have to move out of the apartment according to the judgment from the court.

If a landlord chooses to have a policy of no children in his/her rental unit, would this be considered discrimination?

If a landlord denies tenancy due to the renters having children, then this is not considered illegal discrimination. Age discrimination when it comes to renting, is based on discrimination due to the person being too old, not too young in most cases.

When a person rents an apartment, house, or any dwelling, then they may have questions regarding their rights as tenants or the landlord may have questions regarding their rights as landlords. When these questions arise, then the tenant or landlord many times would need to seek the advice of an Expert to answer the questions.
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