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When May a Landlord Deny a Tenant's Application to Rent Due to Criminal History

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  • 02-13-2019, 07:55 AM
    free9man
    Re: Deny Application of Criminal History
    You're in NYC? I seriously recommend you consult your attorney before doing something stupid.

    If you have already told them that they are fine, having known their credit situation, and now say no it's not acceptable; it reeks of a pretense for unlawful discrimination. You are going to get sued.
  • 02-13-2019, 08:08 AM
    flyingron
    Re: Deny Application of Criminal History
    Quote:

    Quoting cbg
    View Post
    My friend, the minute you raised the issue of color, whatever your reason might have been, you assured that if you did not rent to these people you would be sued. EVEN IF your reason for not renting to them is not the color issue, by even MENTIONING it, you made it about color.

    In fact, the fact that you attempted to dissuade them from moving in by telling them they are of a different race than most of the occupants is itself a violation no matter what your intentions or what else you do.
    If you're going to be be a landlord, you're going to need to not make discriminatory actions in the course of your business.
  • 02-13-2019, 11:50 AM
    cbg
    Re: Deny Application of Criminal History
    ^^^^^Like
  • 02-13-2019, 12:26 PM
    pg1067
    Re: Deny Application of Criminal History
    Quote:

    Quoting Lokie
    View Post
    I told them the build is of majority xxxxx (the opposite color) people

    Why on Earth would you even mention this? Also, what the heck does "opposite color" mean?


    Quote:

    Quoting Lokie
    View Post
    Now if I deny this couple (nothing was signed), am I going to be in trouble?

    There's nothing illegal about declining to rent to someone with a significant criminal history. However, since you made skin tone an issue, it is certainly possible that these folks will assume you declined them on that account. There's no way to say this nicely: talking about a a prospective tenant's skin tone (or "race" or national origin, etc.) and pointing out that most of the other tenants have dissimilar skin tone was about most foolish thing you could have done.

    Quote:

    Quoting Lokie
    View Post
    I was talking with some wise friends, and decision is made.
    Logic is, make up a reason to deny them in a nice way (I'll say the guy's credit score is not good, even though at the beginning I knew it and I said it doesn't matter because the girl has good credit), 1st. there is a good chance they will not sue me, 2nd. if they sue me, I still have good chance to win, 3rd even if I lose, cost should not be big compare to having a bad tenant.

    You might want to consult with an attorney before you lump more bad decisions on top of the one you already made.
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