All Forum Posts by: Brian Bradley

I came across an interesting post the other day that I replied to regarding illegal immigration as tenants and landlords rights. I saw most people could not separate their own politics and personal beliefs out of the question and focus on the law and what to do. But here is a good non-legal advice opinion on the topic.

Immigration status is NOT a protected class. (Race, Color, Religion, National Origin, Religion, Sex and Family Status) are, as well as, for the Fair Housing Act.

In fact, the Seventh Circuit weighed in on this precise question in Cortezano v. Salin Bank & Trust Co., deciding that Title VII does not protect against discrimination based on citizenship or immigration status.

National Origin does not yet fall under this, but I can easily see down the road a disparate impact discrimination claim based on immigration succeeding down the road. Depending on the jurisdiction. It would need to be linked up with an actual protected class such as national origin or race, etc.

Don’t get into racial issues by profiling and mixing your politics with renting a place. Have policies and procedures establishing how applications are to be reviewed, and screened that are non-discriminatory, and require an application to be fully completed to be considered. Fully follow your policies with each application. Etc. Then it will be hard to argue you are discriminating and that immigration or race or national origin was ever an issue. You still may get sued, but then would at least be mitigating your damages and setting yourself up for a successful motion for summary judgment / disposition.

The geeky lawyer side of me, the interesting thing about the disparate impact claim as a method of claiming immigration discrimination on landlords is that it IS a viable option in Oregon now, and most other states. BUT, you have to claim it through an actual protected class such as national origin or race for e.g.

If you go to the FHCO OR website they specifically tell you that if you require a SS No on your application, and the applicant refuses, and then provides you with an alternative document will be considered a negative and disparate impact on individuals whose national origin is not the US, thereby having a disparate impact on that protected class. OR favors a ‘show me what you can’ mentality then a ‘no’ mentality.

The claim would get your through the door and past a motion to dismiss. It might not survive a motion for summary judgment, but thats after a lot of litigation and discovery.

So, does Illegal immigration status exists as a protected class? NO!

Does that mean you will be able to avoid a law suite by discrimination against illegal immigrants, or by asking for SS No and then denying their application if not provided? NO!

You don’t need to like the law, or agree with the law, or politics or whatever. Just learn how to work within the parameters of the law.

A good creative lawyer would simply file a disparage impact claim that your application and policy create a disparate impact on them due to their NATIONALITY.

So, just don’t discriminate and set up non-discriminatory screening practices and policies. Then you are good to go. And for those of you who say to just ask for a social security No and then not rent to them if they refuse. That would not work in states like Oregon for the above reason. It would be classified as grounds for disparate impact discrimination due to national origin. 

@Account Closed

The claim would get your through the door and past a motion to dismiss. It might not survive a motion for summary judgment, but thats after a lot of litigation and discovery. 

So, does Illegal immigration status exists as a protected class? NO!

Does that mean you will be able to avoid a law suite by discrimination against illegal immigrants, or by asking for SS No and then denying their application if not provided? NO!

You don’t need to like the law, or agree with the law, or politics or whatever. Just learn how to work within the parameters of the law.

A good creative lawyer would simply file a disparage impact claim that your application and policy create a disparate impact on them due to their NATIONALITY.

So, just don’t discriminate and set up non-discriminatory screening practices and policies. Then you are good to go. And for those of you who say to just ask for a social security No and then not rent to them if they refuse. That would not work in states like Oregon for the above reason. It would be classified as grounds for disparate impact discrimination due to national origin. 

It’s not a protected class yet. Period. And did you read what I wrote? I said that they can draw in race related issues. So please read my actual reply before before you mention me in a comment and don’t fully and accurately represent what I said. Thanks. It’s not a protected class. May end up getting a race related claim. Follow and establish policies to minimize damages and possibly claim of discrimination.

First, talk to your CPA about this and the tax benefits of where to incorporate. You can incorporate a business in any state, and then still run your business out of the state you live and or own the property. Heck, you may become a good investor and at some point have our if state property also being held in that LLC. Establish tour goals and talk to your CPA and attorney

Immigration status is NOT a protected class. (Race, Color, Religion, National Origin, Religion, Sex and Family Status) are, as well as, for Fair Housing Act. In fact, the Seventh Circuit weighed in on this precise question in Cortezano v. Salin Bank & Trust Co., deciding that Title VII does not protect against discrimination based on citizenship or immigration status. National Origin does not yet fall under this, but I can easily see down the road a disparate impact discrimination claim based on immigration succeeding down the road. Depending on the jurisdiction. I am not giving you legal advice, but just stating my opinion for this topic. Don’t get into racial issues by profiling and mixing your politics with renting a place. Have policies and procedures establishing how applications are to be reviewed, require an application to be fully completed to be considered. Fully follow your policies with each application. Etc. Then it will be hard to argue you are discriminating and that immigration or race was ever an issue.

Each social media platform has its strengths per each profession. Use them all but appropriately pee the users of each platform. Facebook, LinkedIn, Twitter, instagram, Pinterest, google plus. Learn them and their usefulness to each user and ur target for each user and platform

It depends on what you originally purchased the property for and the numbers you ran based off your goal. Each property has its own investment strategy to hold or flip etc. What is your mid to long term goal with this property? I personally like to buy and hold for 5-6 years then sell and upgrade. Your goal should be set for the property before you make your offer. If you plan to hold for some amount of time then yes refinance if you can.

Interesting post I came across and article this morning. Should you create a separate LLC for each investment property you own? Talk to your real estate investment CPA, but I say NO. The managing cost alone for each LLC would be so expensive and overkill. Create just one LLC to act as the holding company. Just one total as your investment LLC. That will give you your personal separation. No need for one LLC for each.

I am a licensed lawyer and RE broker. I have a general litigation practice and also have a side real estate investment company. I work with all types of clients on all sizes of projects, and their litigation needs. I have a good professional REI network.

Continuing our discussion on self directed retirement accounts to invest in real estate. I would say talk to a specialist CPA that deals with such sepp accounts and self directed accounts. You have lots of CPA who specialize in many different areas just like lawyers and doctors. If you are hurt in an accident, you don't go to a real estate attorney for advice, you would go to a personal injury lawyer. If you want ta divorce you don't go to a personal injury lawyer. Just like if you need brain surgery you get the referral to go the brain surgeon not the general doctor or orthopedist. Yes, they are all smart and generally knowledgeable, but outside their scope of practice I would take their opinion with a grain of salt and seek more information before deciding. 

Your general business and personal CPA will not be able to properly advise you on self directed accounts and REI. My case in point. I have an amazing CPA for business in my law practice and personal tax's. I posed the self directed account for investing in REI. He pushed back saying he did not like the ideas and it was to risky and preferred my money sitting in my prior employer 401k's and IRA's to just sit in stocks.

I then reached out to a specialist in sepp accounts and self directed retirement accounts and he explained that the response I got is typical of genera CPA's who do not handle REI and such accounts. They are going to give more conservative advise and if they are not used to or knowledge able about such accounts, then they will not recommend you use them. That makes sense. They won't refer you use an investing mechanism they are not familiar about. But he did not recommend i talk to anybody else and the conversation ended with "I don't think its a good idea since I think you will loose more tax advantages in capital gains."

I then did what most would do with medical issues, and legal help. I went and got a second opinion, this time from a specialist in what I want to do. And got more detailed information and advise so I can make a better informed decision. 

Point being. Know who you are going to for advise and their strengths and weaknesses. My current CPA was the wrong guy to ask. So I had to seek more specific advise from an expert. Don't let one persons opinion stop you. Seek the persons advise who has direct experience and specializes in that specific area. Then you can make the best informed decision.