Fair Housing Abuse

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djb52_IHB

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In case you missed the articles in both the LA Times and OC Register regarding the State of Califormia's frivolous housing discrimination lawsuit against me, you can read them on my website at www.stategonecrazy.com. Here is the link to the OC Register editorial written on the story:

http://stategonecrazy.com/OCREditorial4-1-08.pdf





Briefly, the State of California filed an unlimited damages discrimination suit against me over a 8 word phrase I used in a rental ad on Craigslist. The phrase read: "perfect for 1 or 2 professional adults." The Fair Housing Council of Orange County (FHCOC) saw that ad and filed a formal discrimination complaint against me with the Department of Fair Employment & Housing. The FHCOC demanded that I pay them $4,000 plus agree to take 5 years of continuing landlord education through their training facilities at $250 per class.



I refused to pay what I felt was nothing more than an extortion attempt by a private corporation which uses the State as their club.



After two years of harassment and thousands of dollars in attorney's fees fighting this preposterous case, the State suddenly dismissed the case...just prior to the trial which was set for January 2009. I was prepared to set precedent which would have precluded these Fair Housing Organzations from simply extorting money from landlords on frivolous charges.



The State is now claiming that I have no standing in which to recover my attorney's fees. The hearing is set for December 19, 2008.



You can read about the entire case at www.stategonecrazy.com.
 
Research Frivolus lawsuits. If it were me i'd research each and every single piece of literature they put out and bring a countersuit. Pretty much everytime these douchebags do something like this find out who the people are and bring a class action suit. It might take some time, but i'm sure people will be more than happy to pool their resources.



good luck

-bix
 
Bix,

I did bring a countersuit. I sued the State, the FHCOC and the CEO/Esq for the FHCOC. The judge threw out my countersuits stating that they (including the State) had Free Speech Rights and were entitled to bring the suit. He specifically asked my attorney to 'file an Appeal' stating that of all the decisions he's ever made, he would like this one overturned. The judge said he was "shocked" after reading the statute. (this is the link to the transcripts to the hearing:http://stategonecrazy.com/AntiSLAPPHearing Transcripts 3-14-08.pdf). We filed an appeal which won't be heard for a minimum of 1 1/2 years.



Anyway, I could not get any realtors association or apartment owners association to help me out. No one wanted to get involved. And, now, since the State dismissed the lawsuit and No legal precedent will be set, the FHCOC is free to go about the extortion racket.



I've had several people come forward who were subjected to this extortion scheme. They paid up and signed non-disclosures thus keeping the abuse out of the public forum.



There is one simple cure to this nightmare scheme that's been unleashed upon landlords, that is, simple make it mandatory that they (the Fair Housing Org's) send Cease and Desist letters to anyone alleged to have violated housing discrimination laws. What they do now, is simply go covert and try to build a case against the landlord and, once they have evidence, they start the extortion process.



The housing discrimination laws are so vague that these supposed, 'non-profit' Fair Housing Organizations (there's approximately 80 around the country) simply take advantage of the ambiguity and use them bushwhack and extort money from naieve landlords.

Dan Bader, www.Stategonecrazy.com
 
[quote author="djb52" date=1228696391]In case you missed the articles in both the LA Times and OC Register regarding the State of Califormia's frivolous housing discrimination lawsuit against me, you can read them on my website at www.stategonecrazy.com. Here is the link to the OC Register editorial written on the story:

http://stategonecrazy.com/OCREditorial4-1-08.pdf





Briefly, the State of California filed an unlimited damages discrimination suit against me over a 8 word phrase I used in a rental ad on Craigslist. The phrase read: "perfect for 1 or 2 professional adults." The Fair Housing Council of Orange County (FHCOC) saw that ad and filed a formal discrimination complaint against me with the Department of Fair Employment & Housing. The FHOCC demanded that I pay them $4,000 plus agree to take 5 years of continuing landlord education through them at $250 per class.



I refused to pay what I felt was nothing more than an extortion attempt by a private corporation which uses the State as their club.



After two years of harassment and thousands of dollars in attorney's fees fighting this preposterous case, the State suddenly dismissed the case...just prior to the trial which was set for January 2009. I was prepared to set precedent which would have precluded these Fair Housing Organzations from simply extorting money from landlords on frivolous charges.



The State is now claiming that I have no standing in which to recover my attorney's fees. The hearing is set for December 19, 2008.



You can read about the entire case at www.stategonecrazy.com.</blockquote>


Congratulations Dan on getting the dismissal, at least.



For the record, I had posted your situation earlier as a cautionary tale <strong><a href="http://www.irvinehousingblog.com/forums/viewthread/2229/#52784">here</a></strong>. Surprising to see you here, but good news travels, well, still relatively fast.



Welcome.

(We're anxious to hear your stories on home ownership and the joys of being a landlord.)
 
Dan,

I admire you for taking a stand on this. I am not sure if everyone can appreciate the time and effort and EXPENSE it takes to fight a big organization like you did. Not only did you have to find attorneys who know how to fight, but you documented the situation well, and stood your ground while building up your case and countersuits. Most people would not have the fortitude, resources, or organization skills to fight as you have. The fact that you prevailed and that you are informing others, is also a testament to your achieving a level of justice.



Thanks for standing up against bullies who use intimidation tactics and covert methods to hurt the small guy. Thanks for sharing.
 
Yes, congrats on this! Folks have to stand up to these scheisters or they will continue to take advantage. I remember hearing something in the news not too long ago regarding a handicapped gentleman who was going into restaurants (not even purchasing foot sometimes!) and then suing the establishment if the restaurant was not fully compliant with ADA (wheel chair) requirements. Not major things, mind you, but maybe a bathroom mirror that was a couple inches too high, or a toilet paper holder that was too high or low. Even when the restaurants offered to fix the problems, the man still demanded his money! Most of the restaurant owners could not afford a lawsuit, so they settled out of court for a few thousand dollars. I don't know if somebody shut him down or if he is still doing this.
 
[quote author="SoOCOwner" date=1228782180]Yes, congrats on this! Folks have to stand up to these scheisters or they will continue to take advantage. I remember hearing something in the news not too long ago regarding a handicapped gentleman who was going into restaurants (not even purchasing foot sometimes!) and then suing the establishment if the restaurant was not fully compliant with ADA (wheel chair) requirements. Not major things, mind you, but maybe a bathroom mirror that was a couple inches too high, or a toilet paper holder that was too high or low. Even when the restaurants offered to fix the problems, the man still demanded his money! Most of the restaurant owners could not afford a lawsuit, so they settled out of court for a few thousand dollars. I don't know if somebody shut him down or if he is still doing this.</blockquote>


I saw an article in the LA Times about this person. The LA Times said the district court found him to be a "vexatious litigant" which as upheld on appeal. Basically, a vexatious litigant must get the court's permission to file a lawsuit.
 
[quote author="High Gravity" date=1228783123][quote author="SoOCOwner" date=1228782180]Yes, congrats on this! Folks have to stand up to these scheisters or they will continue to take advantage. I remember hearing something in the news not too long ago regarding a handicapped gentleman who was going into restaurants (not even purchasing foot sometimes!) and then suing the establishment if the restaurant was not fully compliant with ADA (wheel chair) requirements. Not major things, mind you, but maybe a bathroom mirror that was a couple inches too high, or a toilet paper holder that was too high or low. Even when the restaurants offered to fix the problems, the man still demanded his money! Most of the restaurant owners could not afford a lawsuit, so they settled out of court for a few thousand dollars. I don't know if somebody shut him down or if he is still doing this.</blockquote>


I saw an article in the LA Times about this person. The LA Times said the district court found him to be a "vexatious litigant" which as upheld on appeal. Basically, a vexatious litigant must get the court's permission to file a lawsuit.</blockquote>


I love it!!!!!
 
That's nuts. The complaint says the ad could be perceived as discriminatory toward people with children. I'm a person with children and reading the ad, I don't feel discriminated against. I take it as you're making a suggestion of who might enjoy living there, not that you wouldn't rent it out to anyone with kids or turn away someone who isn't a professional. I don't understand why they don't wait until they receive complaints from rental applicants before investigating the ads. That would seem like the legitimate way of going about it. Good luck with your case.
 
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