Marin County "Income Discrimination" ordinance hurts Homeowners, too

On March 5, 2017, Marin County Board of Supervisors heard the the first reading of a new ordinance that makes it illegal to discriminate against "income source" such as Section 8 and other types of government assistance.  This affects even homeowners who rent out a room in their house.

Will you have to make your Home Accessible for Section 8?

If you rent a room to a person on Section 8,  will you have to make your Home Accessible?

The Marin County Board of Supervisors made it far more risky to rent a room in your home on March 21, 2017.  They created an ordinance that makes it illegal to "income discriminate" against Section 8 tenants.   While the supervisors claim that no one is required to rent to any individual, it sets a legal trap for a potential landlord if he does not strictly follow the HUD guidelines.  It will be a gift for litigation attorneys but will hurt homeowners and small landlords the most.

If you accept Section 8, you will be required to for HUD rule Section 504.    There are a bunch of regulations aimed at the professional landlord and management company which you should read before renting your home.   

Will you have to remodel your home to be "accessible"?  Will you have to accommodate mentally handicapped individuals?   I think the answer is "yes" but I am not an attorney.  

This ordinance is so wrong because people rent rooms to assist in expenses and NOT to take on more debt and legal liability.  It is moderate income homeowners that are hurt the most.  

Rent a Room, Go to Jail if you "Income Discriminate" in Marin

Marin Housing Income Discrimination ordinance for Owner occupied houses.  If you mistakenly rent to the wrong person and are perceived to "income discriminate" you may face jail time,  stiff fines and a lawsuit by housing activists.  Participating in the section 8 programs force you to agree to government inspections, modify your house for accessibility and face a government bureaucracy. Is it any wonder that people don't want to participate?

The first member of the public to speak was 1960s radical and lawyer Stephen Bingham (former federal fugitive for his alleged role in smuggling a gun to Black Panther, George Jackson) who said,
"I was expecting opposition from the public, but there is none"

A very common situation is a homeowner who is forced to rent rooms to make ends meet.  A newly divorced Mom, for example, could be forced to consult a lawyer BEFORE renting a room a section 8 tenant.  This law is GROSSLY UNFAIR to low income homeowners.  I doubt that any of the Supervisors will be forced to rent a room in their own home.

Rent a Room, Go to Jail!

Rent a Room, Go to Jail!

If you "discriminate" against Section 8, you will face jail time, fines, civil and criminal penalties plus a lawsuit risk.

The Marin County Board of Supervisors are "remodeling" your property rights as you sleep.

We tried to warn everyone.  The Marin County Board of Supervisor's have lost their minds.  They have created an ordinance where you can go to jail if you "discriminate" against a Section 8 tenant applicant.  This looks really messy and a landmine for someone seeking a roommate.  The ordinance alleges that you can still screen for creditworthiness but cannot exclude people solely on Section 8.  This puts would be landlords in a real bind because Section 8 requires a legal contract with the government and the willingness to have random government inspections.

Did the Supervisors actually think this one through?  Probably not.  Many people who rent out rooms are simply looking for supplemental income due to a job change, divorce or unforeseen financial challenge.  This ordinance now creates a big financial risk from zealous regulators and housing activist attorneys.  Why should the simple act of getting a roommate require a lawyer?

See the complete ordinance HERE

My Letter to the Supervisors opposing the "Income Discrimation" Ordinance in Marinwood

Single Moms shouldn't have to get a lawyer to rent a room their house to accommodate Section 8 in Unincorporated Marin.

Dear Supervisors:

The proposal to include homeowners who rent rooms and small owner occupied dwellings to the Section 8 "Income Discrimination" Ordinance is unfair and biased against people who rent a room in their house to make ends meet.  Likewise, Mom and Pop landlords who rent apartments in their owner occupied dwellings should not be forced to participate in the Section 8 bureaucracy.

It is not uncommon to find a newly divorced parent to struggle to keep a roof over top of their heads and take in renters.  It is one way to make ends meet quickly while keeping a stable home.  With the new "income discrimination" ordinance,  it becomes far more risky, subjecting themselves to lawyers, government bureaucracy in addition to the financial instability of the boarder.

Do the Marin County Supervisors want more people on the streets after losing their homes?

It is time that "fair, affordable housing" also apply to citizens who own homes.  Vote NO to forcing burdensome, risky Section 8 programs onto homeowners and owner occupied dwellings.  It is unfair and will likely lead to fewer rooms and low cost rentals on the marketplace.

==========================

Editor's Note:  The final reading of this ordinance is scheduled for Tuesday, March 21st.  Please consider sending an email and/or appear to voice your objection.  

Send email to:

jarnold@marincounty.org
dconnolly@marincounty.org
krice@marincounty.org
ksears@marincounty.org
drodoni@marincounty.org

Landlord frustrated, Section 8 tenant left house a mess

Section 8 has worked for some landlords.  For others it is a nightmare of bad tenants and bureaucracy.
If the Marin "Income Discrimination" housing ordinance passes, homeowners who rent rooms to Section 8 tenants will be punished and fined if they "discriminate" against them.

See the housing meeting here. Final reading on Tuesday, March 21 at the Board of Supervisors meeting.

Supervisors to consider "Income Discrimination" Law to apply to Roommates and Owner Occupied Apartment Owners.

Brian Crawford, Marin's Highly Paid Director of Community Development proposes a law against "Income Discrimination"
(like Section 8 Vouchers) to apply to roommates and owner occupied dwellings on March 7th.

On March 7th (tomorrow) the Supervisors will consider a Rental Housing Discrimination Code Amendment to eliminate an exception for owner-occupied structures.   The amendment would prohibit Owner Occupied Property Owners, who wish to rent their owner occupied property, from disseminating advertising materials expressing tenant preference based on a person's source of income (like Section 8 vouchers).  This amendment would be important to home-owners who rent out a portion of their home, owner-occupied property owners who rent out a unit(s) in a structure containing fewer than three dwelling units, and Real Estate professionals.
It is our understanding that if the amendment is adopted the following provision would apply to the rental or leasing of any housing unit in which the owner or any member of his/her family occupies one of the living units and (1) it is necessary for the owner to use either a bathroom or kitchen facility common with the prospective tenant, or (2) the structure contains fewer than three dwelling units.  Currently, there is an exception for such owner occupied rentals.

PROVISION:http://www.marincounty.org/~/media/files/departments/cd/planning/housing/affordable-housing/soi_ord_eng_20161108_signed.pdf?la=en
"Chapter 5.53
Marin County Income-Based Rental Housing Discrimination
PROVISION 5.53.010 Housing
A. PROHIBITED ACTIVITY:It is unlawful for any person to do any of the following as wholly or partially based on source of income:
1. To interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including, but not limited to, the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;
2. To include in the terms or conditions of a transaction in real property any clause, condition, or restriction;
3. To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;
4. To make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised, or disseminated in any way, any notice, statement or advertisement with respect to a tranaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on source of income.
5. For purposes of this subsection, "source of income" means all lawful sources of income or rental assistance program, homeless assistance program, security deposit assistance program, or housing subsidy program.  Source of income includes any requirement of any such program or source of income or rental assistance.

B. PROHIBITED ECONOMIC DISCRIMINATION:
It is unlawful for any person to use a financial or income standard for the rental of housing that does either of the following:
1. Fails to account for any rental payments or portions of rental payments that will be made by other individuals or organizations (E.g. Section 8 Vouchers) on the same basis as rental payments to be made directly by the tenant or prospective tenant;
2. Fails to account in addition for the aggregate income of persons residing together or proposing to reside together or an aggregate income of tenants or prospective tenants and their cosigners or proposed cosignerson the same basis as the aggregate income of married persons residing together or proposing to reside together."

For more information, please read the below Staff Report
Here's a link to the report:
http://www.marincounty.org/~/media/files/maringov/board-actions/2017/march/17030713cdaordfairhousingordamendltr.pdf?la=en

STAFF REPORTMarch 7, 2017
Board of Supervisors
County of Marin
3501 Civic Center Drive
San Rafael, CA 94903

SUBJECT: Proposed Ordinance to amend Chapter 5.53 of the Marin Count Code - Income-based Rental Housing Discrimination to eliminate an exception for owner-occupied structures.

Dear Board Members,

RECOMMENDATION: Consistent with the Board's prior direction.  Staff recommends that your Board conduct a first reading and consider an amendment to remove an owner-occupancy exception from Marin County Code Chapter 5.53 - The County's Fair Housing Ordinance providing source of income protections for recipients of third-party rental assistance (Attachment 1).

SUMMARY:  On November 8, 2016, your Board held a merit hearing and adopted a Fair Housing Ordinance to remove limitations in the provision of rental housing for families and veterans to remove limitations in the provision of rental housing for families and veterans who receive third-party rental assistance (Attachment 2).  At that time, your Board directed staff to return at a future date to consider the herein contained amendments to remove an exception for owner-occupied structures with less than three dwelling units and for housing accommodations wherein an owner and tenant keep in common either a bathroom or kitchen facility (5.53.010.C.1)

The elimination of this exception would simplify the process of understanding and determining Ordinance applicability. Furthermore, it would support an original intent of the Ordinance to inhibit a discriminatory rental environment by preventing property owners from disseminating advertising materials expressing preference based on a person's source of income.

BACKGROUND: The existing Fair Housing Ordinance contains an exception for owner-occupied dwellings or owner-occupied structures containing three or fewer units.  Precedent for an owner occupancy exemption predates the 1968 federal Fair Housing Act (FHA), and was included in the FHA as a compromise between arguments for landlord's First Amendment freedom of association and their obligations as proprietors participating in the rental housing market to comply with those market regulations.  A property owner is not obliged to rent their property, but if they elect to do so, they are obligated to comply with fair housing and other market regulations.

Your board has signaled its support of the development of accessory dwelling units ("ADUs" or "second units"), junior accessory dwelling units ("JADUs" or "junior units") and room rentals as a strategy of addressing the ongoing housing affordability crisis.  These units would likely be exempt from this Fair Housing Ordinance if the exception provided in 5.53.010.C.1 is maintained.

CONCLUSION:  The proposed amendment furthers the County's Fair Housing goals.  No State or Federal law preempts the County's ability to eliminate this exemption.

Respectfully submitted,
Brian Crawford (Director) & Debbi La Rue (Plannera)

Editor's Note: The proposed ordinance is going to make it tough on the small owner.  Section 8 requires extra paperwork/ inspections that is very burdensome to landlords.  I think this will simply take rental opportunities off the market

Marin considers making "Section 8 discrimination" illegal 10/25/2016