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HUD recently charged a Montana landlord and property manager for retaliating against a tenant for exercising her fair housing rights. The retaliatory behavior included coercion, intimidation, threats, or interference in violation of Section 818 of the Fair Housing Act. The Fair Housing Act prohibits retaliating against anyone for exercising their fair housing rights, as well as coercing, intimidating, threatening, or interfering with someone’s exercise of those rights.

Question.Landlord has given resident notification of expiration of lease term, but tenant has not responded.  What does landlord do when there is no response from resident?  Should she still accept rent, which would turn it into a month-to-month tenancy? What is the best strategy?

This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action.

Question: Our park has some manufactured homes and some RV spaces. We are having problems with some of our RV spaces and late payments.  Can we use the “3-strikes” rent nonpayment rule?  If not, what can we do to avoid having to constantly deal with late paying RV tenants?

Focus on fairness and consistency when dealing with residents who break the rules. It’s unlawful to treat residents differently because of their race, color, religion, sex, familial status, national origin, disability—or any other characteristic protected under state or local fair housing law. That means you can’t single anyone out for breaking the rules because he—or his family members or guests—are members of a protected class.