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Change to Megan’s Law Has
Implications for Landlords
The hot topic among
landlords and property managers is the emergence of the
Texas's sex
offender database website.
The Texas Sex Offender
Registration Program
Pursuant to Texas Code of Criminal
Procedure Art. 62.005, the Texas Department of Public Safety (DPS)
establishes this website as the official internet public access to the
DPS sex offender registration computerized central database.
All information on individual
registrants is based on registration information submitted by Texas
Department of Criminal Justice, Texas Youth Commission, or various local
criminal justice agencies. DPS cannot guarantee the records obtained
through this site relate to the person about whom information is sought.
Searches based on names, dates of birth, or other alphanumeric
identifiers are not always accurate. The only way to positively link an
individual to a specific sex offender record is though fingerprint
verification. However, if you feel there is an error on a sex offender
registration record, please report this to the local law enforcement
agency the sex offender has verified their information with. The
verification agency is listed in the sex offender registration
information.
Texas Sex Offender Database Search
To read a discussion of
the rules for the use of the database and the liability landlords may be
assuming, whether they elect to use the database or not to use the
database,
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texas Landlord Solutions NOW!
Increased Penalties for Bad Faith Retention of Security Deposit
The court may award damages
for bad faith whenever the facts warrant such an award, regardless of
whether the injured party has specifically requested relief. In any
action under this section, the landlord has the burden of proof as to the
reasonableness of the amounts claimed. Members of texas Landlord
Solutions will find the forms necessary to comply with this new
legislation.
Forms currently
available to our Members are on our site for this application include:
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to Find Out More About Mold and What You Need to Know...........
In recent years, there has
been an increase in media coverage of mold-related problems in rental
property. While mold has always been present in our environment, there
has been an increase in mold occurrences in buildings.
This increase has been
attributed to an aging building stock; new housing construction where
porous materials may not have been kept dry during construction; and
modern building techniques designed to conserve energy that also seal in
moisture.
In 2001, the U.S.
Environmental Protection Agency issued mold remediation guidelines, and
in texas, legislation was passed that requires the Department of Health
Services to establish standards for mold hazard identification,
disclosure, and remediation.
JOIN NOW AND READ THE FULL ARTICLE TODAY!
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WHEN ORDERING FORMS &
ARTICLES
PLEASE NOTE:
You will receive an email with a link to the download area
with a
PASSWORD.
Your
USERNAME will
be your email address you submitted when filling out the
purchase form. |
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Federal Laws that Apply to All
Landlords
Fair Housing Laws:
Title VIII of the Civil Rights Act of
1968 (the Fair Housing Act) prohibits discrimination in the rental, and
in other housing-related transactions, based on seven categories. In
order to be sure you are in compliance with fair housing laws, you should
be familiar with those seven categories and understand how they are
applicable to the provision of housing. For specific information on
tenants’ rights under the Fair Housing Act, order our complete article.
JOIN NOW AND READ THE FULL ARTICLE TODAY!
Our complete article contains links to
Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, Section 109 of Title I of the Housing and
Community Development Act of 1974, Title II of the Americans with
Disabilities Act of 1990, Architectural Barriers Act of 1968, Age
Discrimination Act of 1975, and Title IX of the Education Amendments Act
of 1972
Advertising: Our complete article
contains a link to guidance for landlords to use in advertising property
to insure the landlords’ compliance with federal fair housing laws.
After September 11, 2001, landlords and
property managers began developing security policies as a result of their
concern for the possibility of future terrorist attacks. For information
on how to insure that your policies are effective but fair, order our
complete article.
Lead-based Paint
At the direction of Congress, who
recognized that tenants have a right to know about potential lead hazards
in the homes they rent, disclosure requirements were developed for
landlords to make to their tenants when leasing homes built prior to
1978. These requirements became effective in 1996. To obtain a link to
the rules and obtain the forms for disclosure, order our complete
article.
download form here. (FREE)
Fair Credit
Reporting Act
The FCRA requires landlords, when they
decline to rent to a rental applicant based in any way on a "consumer
report" from a "consumer reporting agency," to provide an adverse action
notice to that consumer. Our complete article describes how landlords may
insure that they are complying with all aspects of the FCRA.
Immigration Laws
The Federal Immigration and Nationality
Act governs the activities of "illegal aliens" and imposes penalties on
those persons who assist them. In contrast to the federal law, some state
laws prohibit inquiring about an applicant’s citizenship status. Our
complete article describes this dilemma in detail.
Subsidized Housing
Some Federal laws apply or have
additional provisions that are applicable to landlords who receive
certain funding, such as rental assistance, from the federal government.
Our complete article contains links to detailed descriptions of specific
programs with special provisions.
Mold
Despite the lack of specific legislation related to
mold, mold has been the subject of countless lawsuits, many involving
landlords and tenants, in the last ten or more years. Our complete
article describes how landlords and managers protect themselves from
liability where mold is concerned.
JOIN NOW AND READ THE FULL ARTICLE TODAY!
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