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Minimizing risks related to owning and operating rental properties requires that real estate investors understand a wide variety of laws. Brief discussions of a number of categories of laws follow.
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Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended in 1988, 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). Some states and local jurisdictions have more stringent laws.
Only a very small percentage of jurisdictions have any form of rent control and rent control laws vary significantly among those jurisdictions. Rent control laws do more than regulate the rent. They also limit the reasons for termination of a lease or eviction and provide for code inspections. Thus, rent control affects how a landlord manages his property.
The Act’s primary protection requires that CRAs follow “reasonable procedures” to protect the confidentiality, accuracy, and relevance of credit information. To do so, the FCRA establishes a framework of Fair Information Practices for personal information that include rights of data quality (right to access and correct), data security, use limitations, requirements for data destruction, notice, user participation (consent), and accountability. Some states have more stringent laws.
Zoning laws regulate what can be built in a particular location and can even prohibit improvement of an existing property or of its reconstruction if significantly damaged. Zoning is of particular importance for a potential rehab candidate and may be even the most important factor because older properties are often rehab candidates and older properties potentially have zoning issues. Zoning laws can both determine what rehab you can do and what rehab you must do.
Tasks that might require a permit can vary significantly among jurisdictions. In some jurisdictions one can construct an entire house without worrying about building codes and without a single permit. In others, a permit is required to replace a leaking water heater or even to add an electrical outlet.
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