Real Estate Journal
National REIA Spearheads Landlord Protection ...continued from page 5 quid-pro-quos of Fair Housing, began raising questions. That attorney, Tarin Hale brought with him the standard practices of law in every other venue, pushing and demanding that the same BAR supported and Court accepted practices be utilized in Fair Housing cases as well. While the judge was sympathetic to the request for fair treatment under the law, ultimately the law would need to be changed. With the understanding that such egregious settlement headhunting was continuing and being promoted as a funding mechanism for other advocates around the country National REIA decided to dig in and take action. They partnered with Ohio real estate investors and the Ohio Apartment Association to bring the provisions into standard practice within the law and HUD regulations. With extensive support at the local & national levels, a bi-partisan trio of elected officials helped push a bill through the Ohio General Assembly. State Representatives Jonathan Dever (R), John Patterson (D), and State Senator Bill Seitz (R) shepherded a bill through a maze of hurdles, complaints and myths. As Ohio’s two-year legislative session drew to a close last December, their legislation was eventually added as an amendment to a related bill (Dever’s House Bill 364) that had been placed on a fast track for passage. The Senate passed that bill by a vote of 26-5 and the House concurred by a vote of 72-21. Then, edging into the new year, Ohio Governor John Kasich signed the bill into law on January 4th, 2017. The new law makes several changes to the administrative process, leveling the playing field when a charge of discrimination is filed with the Ohio Civil Rights Commission and protecting landlords from poaching. It does this by: • Making actual damages discretionary if a violation is found • Making reasonable attorney fees discretionary if a violation is found
• Eliminating mandatory punitive damages and replacing them with discretionary civil penalties if a violation is found • Allowing a landlord to recover attorney fees if the Commission finds no violation • Allows the Commission to use alternative dispute resolution
• Prohibits a change in the complaint after seven days prior to the hearing before the Commission
Not only did it level the playing field in Ohio, but also it potentially put a stop to any exportation of similar “headhunting” techniques to other states across the nation. The passage of this legislation, National REIA stands-ready which aimed at curbing to take up the fight should this harassment-for-profit by local issue surface again. fair housing organizations, was deemed a monumental success.
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w w w. rentalhousingjournal.com Real Estate Journal · Spring 2017
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