The

Asian
Real
Estate
Association
of
America,
along
with
the


National
Fair
Housing
Alliance,
the

Housing
Opportunities
Project
for
Excellence,
Inc.,
and
the

Fair
Housing
Center
of
the
Greater
Palm
Beaches,
have
filed
a
lawsuit
that
contends

Florida
Housing
Law
Senate
Bill
264
violates
the
federal
Fair
Housing
Act.

The
suit
was
filed
on
Monday
in
U.S.
District
Court
in
Miami.
Defendants
in
the
suit
include
a
variety
of
Florida
state
officials
including,
J.
Alex
Kelly,
the
Secretary
of
Commerce;
Patricia
Fitzgerald,
the
chair
of
the
Florida
Real
Estate
Commission;
as
well
as
several
state
attorneys.

The
law
at
the
center
of
the
suit
came
into
effect
on
July
1,
2023,
and
it
“generally
restricts
the
issuance
of
government
contracts
or
economic
development
incentives
to,
or
real
property
ownership
by,
foreign
principals,
which
are
certain
individuals
and
entities
associated
with
foreign
countries
of
concern,”

according
to
the
Florida
Senate.

Under
the
law,
individuals
from
China,

Russia,
Iran,
North
Korea,
Cuba,
Venezuela,
and
Syria
are
prohibited
from
owning
or
acquiring
agricultural
land
in
the
state,
and
from
owning
or
acquiring
any
interest
in
real
property
within
10
miles
of
any
military
installation
or
critical
infrastructure
in
the
state.
Additionally,
“China,
Chinese
Communist
Party
or
other
Chinese
political
party
officials
or
members,
Chinese
business
organizations,
and
persons
domiciled
in
China,
but
who
are
not
citizens
or
lawful
permanent
residents
of
the
U.S.,
from
purchasing
or
acquiring
any
interest
in
real
property
in
the
state.”

According
to
the
plaintiff,
these
restrictions
cover
98.5%
of
all
residential
land
in
the
state,
greatly
restricting
the
ability
of
people
from
the
six
countries
to
purchase
property
in
the
state.

During
a
press
conference
on
Monday,
Zoila
Henson
of

Relman
and
Colfax,
the
plaintiff’s
lead
attorney,
noted
that
due
to
this
her
clients
believe
the
law
violates
the
federal
Fair
Housing
Act
in
four
ways.

“We
alleged
that
the
law
denies
access
to
housing
to
people
from
China
and
these
other
countries.
We
allege
that
they
are
not
able
to
purchase
housing
on
the
same
terms
and
conditions
as
people
from
other
countries.
We
alleged
that
the
law
contains
discriminatory
statements
and
that
the
law
interferes
with
their
housing
rights,”
Henson
said.

Henson
noted
that
the
suit
also
contains
two
claims
under
the
Florida
Constitution,
alleging
that
the
laws
violates
equal
protection
and
individual’s
right
to
property.

Hope
Atuel,
the
CEO
of
AREAA,
said
the
trade
group
chose
to
be
part
of
the
suit
because
they
want
to
protect
individuals’
right
to
own
property.

“The
right
to
shelter
is
a
basic
right,
it
is
fundamental
to
our
lives
here
in
the
United
States,”
Atuel
said.
“So,
we
wanted
to
make
sure
that,
that
continues
to
be
preserved.”

In
addition
to
preventing
people
from
the
six
countries
from
purchasing
property,
the
law
also
requires
people
from
the
targeted
countries
who
already
own
property
in
the
state
to
register
with
the
Florida
Department
of
Commerce.
If
found
to
be
in
violation
of
the
law,
perpetrators
will
have
committed
a
felony
punishable
by
as
much
as
five
years
imprisonment.
The
penalty
can
be
applied
to
buyers,
sellers,
and
real
estate
professionals.

“The
legislation
impedes
the
pursuit
of
the
American
dream
for
families
from
China
and
the
other
countries
who
aspire
to
build
a
life
in
this
country
free
from

discrimination,”
a
press
release
from
the
plaintiffs’
states.

The
defendants,
as
well
as
the
Florida
legislature,
did
not
return
a
request
for
comment.

Related