Landlord can’t evict couple for having kids

The federal Fair Housing Act prohibits discrimination based on a family’s size, even if the lease agreement says that only two can live in the home and “new kids” are added to the family.

Q: My husband and I recently had twins, and the four of us live in a one-bedroom unit in a large apartment complex. A week after we brought the babies home from the hospital, we received a letter from our landlord stating that he plans to start eviction proceedings because he has a policy that no more than two people can occupy a one-bedroom unit and that the “addition” of our twins puts us in violation of our written lease agreement, which says only my husband and I would live here. Isn’t this illegal?

Yes, it’s illegal. Both the landlord’s policy and his threat to evict clearly violate the federal Fair Housing Act, which prohibits discrimination based on race, color, religion, sex, handicap, national origin or “familial status.”

Simply because your familial status has changed from two to four gives him no right to automatically evict your expanded family.

Your situation spotlights the fact that many American families, and landlords themselves, don’t really understand how the Housing Act protects people with kids. The law states that families generally cannot be denied housing because they already have a child, nor can they be evicted if they have one in the future.

Contact your local Fair Housing agency for help. You also can get more information about housing-discrimination laws by visiting the Internet site operated by the U.S. Department of Housing and Urban Development, or by calling HUD’s toll-free number, 800-669-9777.

Q: My husband and I agreed to buy a home three weeks ago, and a bank approved our mortgage application. We canceled the sale last week because the home inspector we hired found several problems, including a cracked foundation that would cost more than $5,000 to fix. We know that we must pay the bank’s appraisal fee and other costs, but will our cancellation of the pre-approved loan hurt our credit score?

A: No, the home loan that you canceled shouldn’t have any effect on your credit report or overall credit score.

A credit report does not show whether you were declined for a loan – or whether you were approved for a loan and then voluntarily turned it down. The only reference to the mortgage you asked for (and then rejected) will be a note on the report showing that the bank reviewed your credit history.

Q: My brother is 72, and the will he made several years ago names me as the executor of his estate. The will states that I will get his Chicago-area home after he dies. My brother now wants to sell his house and buy a condominium in Arizona, which is OK with me because he’s capable enough to make his own decisions. But as the executor of the will, what are my responsibilities?

A: There is nothing for you to worry about. The duties of an executor or executrix don’t begin until the person who made the will dies. You don’t have any legal duties to perform regarding your brother’s planned move, nor any legal authority to participate in the sale of his longtime home.

Nonetheless, your brother should update his will as soon as he moves. If he doesn’t, the outdated document will leave you an asset that he no longer owns – his Chicago home – and put the onus on you to prove that you have the right to claim the retirement home that he plans to buy in Arizona.