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LEGAL NOTICES AND TERMS OF USE
Please review the following notices, terms and conditions concerning your use of
the Web Site. By accessing, creating an account, using or downloading any materials
from the Web Site, you agree to follow and be bound by these notices, terms and
conditions. If you do not agree with these Terms and Conditions, please do not use
this Web Site.
GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information,
documents, products, logos, graphics, sounds, images, software, and services, are
provided either by RENTAL SPACE NETWORK, LLC or by their respective third party
manufacturers, authors, developers and vendors and are the copyrighted work of RENTAL
SPACE NETWORK, LLC and/or its Third Party Providers. Except as stated herein, none
of the Materials may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including but not
limited to electronic, mechanical, photocopying, recording, or other means, without
the prior express written permission of RENTAL SPACE NETWORK, LLC or the Third Party
Provider. Also, you may not "mirror" any Materials contained on this Web Site on
any other server without the prior express written permission of RENTAL SPACE NETWORK,
LLC.
Except where expressly provided otherwise by RENTAL SPACE NETWORK, LLC, nothing
on this Web Site shall be construed to confer any license under any of RENTAL SPACE
NETWORK, LLC's or any Third Party Provider's intellectual property rights, whether
by estoppels, implication, or otherwise. You acknowledge sole responsibility for
obtaining any such licenses. Materials provided by Third Party Providers have not
been independently reviewed, tested, certified, or authenticated in whole or in
part by RENTAL SPACE NETWORK, LLC. RENTAL SPACE NETWORK, LLC does not provide, sell,
license, or lease any of the Materials other than those specifically identified
as being provided by RENTAL SPACE NETWORK, LLC.
RENTAL SPACE NETWORK, LLC hereby grants you permission to display, copy, distribute
and download Materials on this Web Site provided that: (1) both the copyright notice
identified below and this permission notice appear in the Materials; (2) the use
of such Materials is solely for personal, non-commercial and informational use and
will not be copied or posted on any networked computer, broadcast in any media,
or used for commercial gain; and (3) the Materials are not modified in any way.
This permission terminates automatically without notice if you breach any of these
terms and conditions. Upon termination, you will immediately destroy any downloaded
or printed Materials.
Any unauthorized use of any Materials contained on this Web Site may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications regulations
and statutes.
AD AND PHOTO CONTENT - TERMS OF USE
1) Content, photos, and any text displayed on any property listing form/page/field,
MUST contain the required information directly related to that individual unique
property listing identified by the property address. Any text description or additional
information, property description, amenities and/or feature fields are for information
relating to that particular property ONLY.
2) IT IS STRICTLY PROHIBITED to use a rental property listing advertisement for
commercial or company advertising or any other promotional display, except for in
the fields provided in the form for a company logo and/or company promotion.
3) By choosing any of RENTAL SPACE NETWORK, LLC's listing plans, you hereby agree
to abide by the guidelines as set forth above for all listing plans.
By placing an advertisement on or communicating with any of RENTAL SPACE NETWORK,
LLC's web sites and Services, you hereby grant to RENTAL SPACE NETWORK, LLC and
its partners, if any, or independent agents and related entities, the royalty-free,
perpetual, irrevocable, sublicenseable, nonexclusive right and license to use, copy,
modify, display, distribute and reproduce all such materials in any form, media,
software or technology of any kind now existing or developed in the future. You
also agree to indemnify, defend and hold RENTAL SPACE NETWORK, LLC and entities
above, harmless against any claims or costs, including attorneys' fees, arising
from the use or distribution of those materials. You further grant RENTAL SPACE
NETWORK, LLC and entities above, the right to use your name in connection with the
reproduction or distribution of such material.
USE OF PAYMENT CENTER
By using to the Rental Space Network Payment Center you are agreeing to the following
terms of service:
1) By submitting payments or accepting payments online, user agrees to allow Rental
Space Network and/or any of its third party ACH processors (First ACH) to handle
the electronic delivery of payment from one party to another through the Rental
Space Network website and financial accounts held under Rental Space Network, LLC.
User agrees to indemnify Rental Space Network and/or any of its third party ACH
processors (First ACH) from legal action due to the failure to deliver payment caused
by technical difficulties and/or systems errors.
2) All payments made will be for the purpose of rental transactions. Failure to
comply and the use of the Payment Center for any illegal activity will result in
the immediate termination of user's Rental Space Network account membership. In
the case that the Payment center was used for illegal or non-rental activity, all
user information held under Profile or otherwise collected by Rental Space Network
can and will be forwarded to any party investigating a claim necessary to satisfy
the enforcement of law or compensation.
3) By submitting payments or accepting payments online, user agrees to all fees
charged by Rental Space Network or its ACH Processing affiliates (First ACH); Returned
or Declined Payment fees ($25.00 or the maximum allowed by law in the state in which
financial account is held), Withdrawal fees ($1.00), Withdrawal Decline fees: ($5.00
per occurrence).
4) By submitting payments or accepting payments online, user agrees to the following
time frame to process payments: Payments sent to recipient using the Rental Space
Network Payment Center (3-7 business days depending on timeliness of user's financial
account. Only non-holiday and open banking business days are including in this time
frame.) Payment Withdrawal Request using the Rental Space Network Payment Center
(1-3 business days depending on timeliness of user's and Rental Space Network, LLC's
financial accounts. Only non-holiday and open banking business days are including
in this time frame.)
5) User agrees to the time frame in which payments will be processed without legal
claim due to slowed payments from technical difficulties and/or systems errors.
6) User agrees that only United States based financial accounts will be used in
the sending and receiving of payments. Any attempt to use a foreign financial account
can and will result in the immediate termination of user's Rental Space Network
membership.
7) In the event that a "Charge Back" occurs by a Tenant Payor or other agent acting
as a Tenant Payor, the Landlord/Property Manager Registered User who has accepted
and withdrawn payment agrees and authorizes Rental Space Network to debit from Landlord/Property
Manager Registered User's financial account the amount of the "Charge Back" including
a $25.00 service fee. Landlord/Property Manager agrees to take full responsibility
and indemnify Rental Space Network from all financial loss due to "Charge Backs".
TERMINATION OF SERVICE, CANCELLATION OF ACCOUNTS, REFUNDS
You understand and agree that in RENTAL SPACE NETWORK, LLC's sole discretion, and
without prior notice, we may terminate your access to this web site and the Service
or exercise any other remedy available including removing any unauthorized User
or Ad Content, if RENTAL SPACE NETWORK, LLC believes that your use of the Web site,
Service and/or any User Content you provided on a property listing has violated
or is inconsistent with these Terms of Use policies, violated the rights of RENTAL
SPACE NETWORK, LLC or another User or the law. You further agree that monetary damages
may not provide a sufficient remedy to RENTAL SPACE NETWORK, LLC for violations
of these terms and conditions and you consent to injunctive or other equitable relief
for such violations.
RENTAL SPACE NETWORK, LLC is not required to provide any refund to you if you are
terminated as a User because you have violated these Terms of Use. No contract is
required in addition to agreement to the Terms of Use policy unless otherwise specifically
provided and agreed to between the parties. In such cases, you agree to abide by
the written contract and further agree under such other contract unless otherwise
provided in writing, that the Terms of Use policies herein remain in effect and
full force.
No refunds will be given for any purchased Property Listings that have been
activated live on Rental Space Network and No Refunds will be given for any purchased
Membership Plans and/or Membership Upgrades purchased with Rental Space Network.
In regards to each Property Listing, you may deactivate and remove it from Rental
Space Network search results at any time and reactivate it later during the same
billing cycle or length of plan purchased. However, the renewal date does not change,
(the renewal date will not be extended during the time that the property is off
the market under that billing cycle or plan) and you are responsible for the entire
amount due under the Property Listing purchased price.
PROHIBITED ACTIVITIES AND CONTENT
The following is a partial list of the kinds of activities and content that are
prohibited on or through placing an advertisement or Service on RentalSpaceNetwork.com:
(a) submitting content that is patently offensive to the online community, such
as content that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
(b) engaging in activities or submitting content that could be harmful to minors;
(c) engaging in activities or submitting content that harass or advocate harassment
of another person;
(d) engaging in activities that involve the transmission of "junk mail" or unsolicited
mass mailing or "spam";
(e) engaging in activities or submitting content that promote information that is
false, misleading or promote illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
(f) submitting content that contains restricted or password only access pages, or
hidden pages or images;
(g) submitting content that displays pornographic or sexually explicit material
of any kind;
(h) submitting content that provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
(i) engaging in activities or submitting content that solicit passwords or personal
identifying information for commercial or unlawful purposes from other users;
(j) engaging in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
(k) submitting any content which violates federal, state or local Fair Housing Laws.
ACCESS TO OUR WEBSITE AND SERVICE
By use of this website in any manner, you agree that you will not: (a) use any robot,
spider, other automatic device, or manual process to monitor or copy web pages or
the Content contained in the Service or for any other unauthorized purpose without
our prior expressed written permission; (b) use any device, software, or routine
to interfere or attempt to interfere with the proper working of RENTAL SPACE NETWORK,
LLC's websites or services; and (c) take any action that imposes an unreasonable
or disproportionately large load on the hardware and software infrastructure of
RENTAL SPACE NETWORK, LLC's websites.
LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by parties other than Rental
Space Network, LLC. Rental Space Network, LLC is not responsible for and does not
endorse or accept any responsibility for the contents or use of these third party
web sites. Rental Space Network, LLC is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Rental Space Network,
LLC of the linked web site. It is your responsibility to take precautions to ensure
that whatever you select for your use is free of viruses or other items of a destructive
nature.
SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site is the copyrighted
work of Rental Space Network, LLC. and/or Third Party Providers. Use of the Software
is governed by the terms of the end user license agreement that accompanies or is
included with the Software. An end user agrees to the License Agreement terms by
installing, copying, or using the Software. The Software is made available for downloading
solely for use by end users according to the License Agreement. Without limiting
the foregoing, the copying or reproduction of the Software to any other server or
location for further reproduction or redistribution is expressly prohibited. Any
reproduction or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible. THE SOFTWARE
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT
AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, RENTAL SPACE NETWORK, LLC
HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES,
AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT
SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
SUBMISSIONS
Except where expressly provided otherwise by Rental Space Network, LLC, all comments,
feedback, information or materials submitted to Rental Space Network, LLC through
or in association with this Web Site shall be considered non-confidential and Rental
Space Network, LLC's property. By providing such Submissions to Rental Space Network,
LLC, you agree to assign to Rental Space Network, LLC, at no charge, all worldwide
rights, title and interest in copyrights and other intellectual property rights
to the Submissions. RENTAL SPACE NETWORK, LLC shall be free to use and/or disseminate
such Submissions on an unrestricted basis for any purpose. You acknowledge that
you are responsible for the Submissions that you provide, and that you, not Rental
Space Network, LLC, have full responsibility for the Submissions, including their
legality, Fair Housing compliance, reliability, appropriateness, originality and
copyright.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY RENTAL SPACE NETWORK, LLC, THE MATERIALS
ON THE WEB SITE ARE PROVIDED "AS IS" AND RENTAL SPACE NETWORK, LLC HEREBY DISCLAIMS
ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT
THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. RENTAL SPACE NETWORK, LLC
MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED
ON THE WEB SITE.
LIMITATION OF LIABILITY
RENTAL SPACE NETWORK, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT
OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS.
IN NO EVENT SHALL RENTAL SPACE NETWORK, LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS
OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT
ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM
THIS WEB SITE, EVEN IF RENTAL SPACE NETWORK, LLC HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION
AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU
WILL NOT MAKE A CLAIM AGAINST RENTAL SPACE NETWORK, LLC FOR LOST DATA, RE-RUN TIME,
INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
YOU AGREE TO HOLD RENTAL SPACE NETWORK, LLC HARMLESS FROM, AND YOU COVENANT NOT
TO SUE RENTAL SPACE NETWORK, LLC, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE
WEB SITE.
LOCAL LAWS; EXPORT CONTROL
RENTAL SPACE NETWORK, LLC controls and operates this Web Site from its headquarters
in Tempe, Arizona located in the United States of America and makes no representation
that these Materials are appropriate or available for use in other locations. If
you use this Web Site from other locations, you are responsible for compliance with
applicable local laws including but not limited to the export and import regulations
of other countries. Unless otherwise explicitly stated, all marketing or promotional
materials found on this Web Site are solely directed to individuals, companies or
other entities located in the United States of America.
Furthermore, any use of documentation provided by RENTAL SPACE NETWORK, LLC which
is delivered between parties electronically or in hard copy shall be done at the
User's sole discretion. RENTAL SPACE NETWORK, LLC makes no claim to give legal advice
and DOES NOT provide or hold any intention or action to give legal advice. All use
of Forms, Documents, and exchange of those Forms and Documents is done without claim
to RENTAL SPACE NETWORK, LLC. Local laws shall apply to any use of the Forms and
Documents and is the User's sole responsibility to be informed and use those laws
correctly as they relate to the completion of the Forms and Documents.
ELECTRONIC SIGNATURE
RENTAL SPACE NETWORK, LLC provides Web Site Software and an online platform for
electronic signatures and can at any time, without warning, revoke that service
to any user. All use of the electronic signature process done through RentalSpaceNetwork.com
is done at the sole discretion of the User ("Account Holder"). The User agrees to
indemnify and hold harmless RENTAL SPACE NETWORK, LLC of all legal action that may
occur subsequently from its use. All RentalSpaceNetwork.com account holders agree
to check with state and local laws before participated in the electronic signature
process and agree to indemnify RENTAL SPACE NETWORK, LLC from any legal action for
not providing any information pertaining to those laws. RENTAL SPACE NETWORK, LLC
DOES provide and display Federal Laws and disclaimers pertaining to the Electronic
Signatures in Global and National Commerce Act. It is the account holder's responsibility
to fully read those laws and disclaimers before participating in the electronic
signature process.
GENERAL
This Web Site may include inaccuracies or typographical errors. RENTAL SPACE NETWORK,
LLC and the Third Party Providers may make improvements and/or changes in the products,
services, programs, and prices described in this Web Site at any time without notice.
RENTAL SPACE NETWORK, LLC may periodically make changes to the Web Site. Any action
related to these Terms will be governed by Arizona law and controlling U.S. federal
law. No choice of law rules of any jurisdiction will apply. These Terms represent
the entire understanding relating to the use of the Web Site and prevail over any
prior or contemporaneous, conflicting or additional, communications. RENTAL SPACE
NETWORK, LLC has the right to revise these Terms at any time without notice by updating
this posting. Any rights not expressly granted herein are reserved by RENTAL SPACE
NETWORK, LLC.
Information About the Fair Housing Act
The Fair Housing Act prohibits discrimination in housing because of:
* Race or color
* National origin
* Religion
* Sex
* Familial status (including children under the age of 18 living with parents or
legal custodians; pregnant women and people securing custody of children under 18)
* Handicap (Disability)
What Housing Is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts
owner-occupied buildings with no more than four units, single-family housing sold
or rented without the use of a broker, and housing operated by organizations and
private clubs that limit occupancy to members.
What Is Prohibited?
In the Sale and Rental of Housing: No one may take any of the following actions
based on race, color, national origin, religion, sex, familial status or handicap:
* Refuse to rent or sell housing
* Refuse to negotiate for housing
* Make housing unavailable
* Deny a dwelling
* Set different terms, conditions or privileges for sale or rental of a dwelling
* Provide different housing services or facilities
* Falsely deny that housing is available for inspection, sale, or rental
* For profit, persuade owners to sell or rent (blockbusting) or
* Deny anyone access to or membership in a facility or service (such as a multiple
listing service) related to the sale or rental of housing.
In Addition: It is illegal for anyone to:
* Threaten, coerce, intimidate or interfere with anyone exercising a fair housing
right or assisting others who exercise that right
* Advertise or make any statement that indicates a limitation or preference based
on race, color, national origin, religion, sex, familial status, or handicap. This
prohibition against discriminatory advertising applies to single-family and owner-occupied
housing that is otherwise exempt from the Fair Housing Act.
Additional Protection If You Have a Disability
If you or someone associated with you:
* Have a physical or mental disability (including hearing, mobility and visual impairments,
chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental
retardation) that substantially limits one or more major life activities
* Have a record of such a disability or
* Are regarded as having such a disability
Your landlord may not:
* Refuse to let you make reasonable modifications to your dwelling or common use
areas, at your expense, if necessary for the disabled person to use the housing.
(Where reasonable, the landlord may permit changes only if you agree to restore
the property to its original condition when you move.)
* Refuse to make reasonable accommodations in rules, policies, practices or services
if necessary for the disabled person to use the housing.
Example: A building with a "no pets" policy must allow a visually impaired tenant
to keep a guide dog.
Example: An apartment complex that offers tenants ample, unassigned parking must
honor a request from a mobility-impaired tenant for a reserved space near her apartment
if necessary to assure that she can have access to her apartment.
However, housing need not be made available to a person who is a direct threat to
the health or safety of others or who currently uses illegal drugs.
Requirements for New Buildings
In buildings that are ready for first occupancy after March 13, 1991, and have an
elevator and four or more units:
* Public and common areas must be accessible to persons with disabilities
* Doors and hallways must be wide enough for wheelchairs
* All units must have:
- An accessible route into and through the unit
- Accessible light switches, electrical outlets, thermostats and other environmental
controls
- Reinforced bathroom walls to allow later installation of grab bars and
- Kitchens and bathrooms that can be used by people in wheelchairs.
If a building with four or more units has no elevator and will be ready for first
occupancy after March 13, 1991 , these standards apply to ground floor units.
These requirements for new buildings do not replace anymore stringent standards
in State or local law.
Housing Opportunities For Families
Unless a building or community qualifies as housing for older persons, it may not
discriminate based on familial status. That is, it may not discriminate against
families in which one or more children under 18 live with:
* A parent
* A person who has legal custody of the child or children or
* The designee of the parent or legal custodian, with the parent or custodian's
written permission.
Familial status protection also applies to pregnant women and anyone securing legal
custody of a child under 18.
Exemption: Housing for older persons is exempt from the prohibition against familial
status discrimination if:
* The HUD Secretary has determined that it is specifically designed for and occupied
by elderly persons under a Federal, State or local government program or
* It is occupied solely by persons who are 62 or older or
* It houses at least one person who is 55 or older in at least 80 percent of the
occupied units, and adheres to a policy that demonstrates an intent to house persons
who are 55 or older.
A transition period permits residents on or before September 13, 1988 , to continue
living in the housing, regardless of their age, without interfering with the exemption.
If You Think Your Rights Have Been Violated
HUD is ready to help with any problem of housing discrimination. If you think your
rights have been violated, the Housing Discrimination Complaint Form is available
for you to download, complete and return, or complete online and submit, or you
may write HUD a letter, or telephone the HUD Office nearest you. You have one year
after an alleged violation to file a complaint with HUD, but you should file it
as soon as possible.
What to Tell HUD
* Your name and address
* The name and address of the person your complaint is against (the respondent)
* The address or other identification to the housing involved
* A short description to the alleged violation (the event that caused you to believe
your rights were violated)
* The date(s) to the alleged violation
Where to Write or Call
Send the Housing Discrimination Complaint Form or a letter to the HUD Office nearest
you or you may call that office directly.
If You Are Disabled
HUD also provides:
* A toll-free TTY phone for the hearing impaired: 1-800-927-9275.
* Interpreters
* Tapes and Braille materials
* Assistance in reading and completing forms
What Happens When You File A Complaint?
HUD will notify you when it receives your complaint. Normally, HUD also will:
* Notify the alleged violator of your complaint and permit that person to submit
an answer
* Investigate your complaint and determine whether there is reasonable cause to
believe the Fair Housing Act has been violated
* Notify you if it cannot complete an investigation within 100 days of receiving
your complaint
Conciliation
HUD will try to reach an agreement with the person your complaint is against (the
respondent). A conciliation agreement must protect both you and the public interest.
If an agreement is signed, HUD will take no further action on your complaint. However,
if HUD has reasonable cause to believe that a conciliation agreement is breached,
HUD will recommend that the Attorney General file suit.
Complaint Referrals
If HUD has determined that your State or local agency has the same fair housing
powers as HUD; HUD will refer your complaint to that agency for investigation and
notify you of the referral. That agency must begin work on your complaint within
30 days or HUD may take it back.
What If You Need Help Quickly?
If you need immediate help to stop a serious problem that is being caused by a Fair
Housing Act violation, HUD may be able to assist you as soon as you file a complaint.
HUD may authorize the Attorney General to go to court to seek temporary or preliminary
relief, pending the outcome of your complaint, if:
* Irreparable harm is likely to occur without HUD's intervention
* There is substantial evidence that a violation of the Fair Housing Act occurred
Example: A builder agrees to sell a house but, after learning the buyer is black,
fails to keep the agreement. The buyer files a complaint with HUD. HUD may authorize
the Attorney General to go to court to prevent a sale to any other buyer until HUD
investigates the complaint.
What Happens After A Complaint Investigation?
If, after investigating your complaint, HUD finds reasonable cause to believe that
discrimination occurred, it will inform you. Your case will be heard in an administrative
hearing within 120 days, unless you or the respondent wants the case to be heard
in Federal district court. Either way, there is no cost to you.
The Administrative Hearing
If your case goes to an administrative hearing HUD attorneys will litigate the case
on your behalf. You may intervene in the case and be represented by your own attorney
if you wish. An Administrative Law Judge (ALA) will consider evidence from you and
the respondent. If the ALA decides that discrimination occurred, the respondent
can be ordered:
* To compensate you for actual damages, including humiliation, pain and suffering.
* To provide injunctive or other equitable relief, for example, to make the housing
available to you.
* To pay the Federal Government a civil penalty to vindicate the public interest.
The maximum penalties are $10,000 for a first violation and $50,000 for a third
violation within seven years.
* To pay reasonable attorney's fees and costs.
Federal District Court
If you or the respondent chooses to have your case decided in Federal District Court
, the Attorney General will file a suit and litigate it on your behalf. Like the
ALA , the District Court can order relief, and award actual damages, attorney's
fees and costs. In addition, the court can award punitive damages.
In Addition
You May File Suit: You may file suit, at your expense, in Federal District Court
or State Court within two years of an alleged violation. If you cannot afford an
attorney, the Court may appoint one for you. You may bring suit even after filing
a complaint, if you have not signed a conciliation agreement and an Administrative
Law Judge has not started a hearing. A court may award actual and punitive damages
and attorney's fees and costs.
Other Tools to Combat Housing Discrimination
If there is noncompliance with the order of an Administrative Law Judge, HUD may
seek temporary relief, enforcement of the order or restraining order in a United
States Court of Appeals.
The Attorney General may file a suit in a Federal District Court if there is reasonable
cause to believe a pattern or practice of housing discrimination is occurring.
For Further Information
The Fair Housing Act and HUD's regulations contain more detail and technical information.
If you need a copy of the law or regulations, contact the HUD Office nearest you.
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