Mrs. Murphys Exemption Eviction

[Tanner Stoddard]

I've been reading and trying to find if there is an exemption or added language to the Mrs. Murphys Law about evicting or removing a tenant from the home that is owner occupied? What details have you found on this? I've read that there is a way and with verbiage but not sure what that is. Or is Mrs Murphys Exemption only for when you start renting to them? Hope its clear, if not let me know what questions you have or experience you've gone through! Im in a Utah if that matters. Our exemption in state law mirrors the federal law. Thanks guys!

[Jeff Copeland]

I am not an attorney or a Fair Housing expert, so take this for what it's worth...

The Fair Housing Act (and thus, the exemption) doesn't really have anything to do with evictions. 

If the tenant violates the lease or fails to pay, there are no eviction protections built into Fair Housing Laws, per se. 

The Fair Housing Act states that you cannot refuse to rent to someone (deny them housing) or otherwise treat them differently based on their race, color, religion, sex, disability, familial status, or national origin. 

The exemption you're referring to states that an owner of 4 units or less, who lives in one of the units, doesn't have to comply with the Fair Housing Act (though race is also protected by the Civil Rights Act, making the exemption a moot point in the case of race). 

So, the hypothetical "Mrs. Murphy" can technically choose to only rent to women, or only rent to Baptists (but she can't advertise this fact, and she can't use a real estate agent if she chooses to do so). 

But she cannot only rent to Asian people, or only rent to white people, etc (because of the Civil Rights Act).

This is obviously a slippery slope, and not a good look in today's world. 

All that being said, none of this prevents Mrs. Murphy from evicting a non-paying tenant, or someone who violates another term of their lease, subject to relevant state law. 

Here's a good resource: 

https://fairhousing.foxrothschild.com/2017/07/articles/discrimination/what-is-the-mrs-murphy-exception-to-the-fair-housing-act