When May a Landlord Deny a Tenant's Application to Rent Due to Criminal History
My question involves landlord-tenant law in the State of: NY
I had people coming in to see my rental apartment, a xxxxx (color don't matter) couple seems very nice, I told them the build is of majority xxxxx (the opposite color) people, but they are all nice. At the end I picked them, and proceeded to the background check part. Which I found that the guy was arrested 2 times for minor offenses, then I asked my police friend to check on him, and find out he has another 8 arrests also for minor offenses. The police friend's words were not official, and he is not supposed to do a check, he just do me a favor, so I am not going to say anything outside of this forum. But I don't want to take a guy who has been arrested 10 times before.
Now if I deny this couple (nothing was signed), am I going to be in trouble? What would be a nice way to say no to them?
Re: Deny Application of Criminal History
If color doesn't matter, why bring it up?
If they are minor offenses, why deny them? Were any related to the place they were living at the time?
Is their credit good? Did they get good references from prior landlords?
If you deny them for this and get sued, your police friend could wind up in hot water when his/her involvement comes out.
Re: Deny Application of Criminal History
1 or 2 arrests, I'm ok, but 10.... means it will be 11th and 12th....
I'm not going mention my police friend. Just can I deny someone because he was arrested before? I actually not too worry about being sued for 'color issue', I have other tenants of different skin color.
Re: Deny Application of Criminal History
Quote:
Quoting
Lokie
1 or 2 arrests, I'm ok, but 10.... means it will be 11th and 12th....
No, it doesn't. When was the most recent arrest? I'm guessing since only 2 showed on your official background check, they aren't all exactly new. How many actual convictions were there?
Quote:
Quoting
Lokie
I'm not going mention my police friend.
If you get sued and the issue of the background check comes up, you may not have a choice.
Quote:
Quoting
Lokie
Just can I deny someone because he was arrested before?
For arrests alone, HUD's guidance says No.
Quote:
Quoting
Lokie
I actually not too worry about being sued for 'color issue', I have other tenants of different skin color.
Then WHY did you bring it into this conversation?
Re: Deny Application of Criminal History
for living 10 more years than the guy, I received 0 arrests, I really don't understand the criminal world, and don't want to get involve. Convicted or not? Does it matter? Like I said 1 or 2, you can blame the police, 10....who can you blame?
ok forget about the color issue, I bought it up only because people like to sue other because they have different skin color, regardless of the root of the cause.
free9man, if that was your property, would you rent it to this couple? I'm sorry to say, fxxk HUD's guidance.
make the question like this: I change my mind and don't want to rent my apartment to this couple, what can I do?
Re: Deny Application of Criminal History
Much of this MIGHT depend on what these arrests were for (just as an aside I would not take an applicant who had been arrested 10 times for..whatever)).
Gail
Re: Deny Application of Criminal History
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.
Re: Deny Application of Criminal History
Without knowing the nature of the charges, the age of them and whether there are convictions, I can't say if I would or not. I'm not going to dismiss someone out of hand simply because they have made mistakes, especially if their credit is good and they have good prior LL references.
I'm not sure there is a way for you out of it if you're already told them they've been accepted. If you say something came up in their background, they are going to ask what. Depending on how you handle it, that could blow up in your face and you get sued. If you don't offer them a reason, they will have no idea and may jump to it being about race. Then it blows up in your face and you get sued.
The way I see it, you are stuck. You should go ahead and let them stay, they may be the best tenants you ever have. They may not. Don't go hunting for reasons to evict either. Because unless you watch every single tenant with the same level of intensity as them, they may assume it's because of race. Then it blows up in your face and you get sued.
Re: Deny Application of Criminal History
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.
It's better than renting to people with history, that you know one day they are going to get in trouble. I know we should give chances to people who made mistakes, but not at my cost! NYC is stupid, very protective to tenants, they fxxk landlords, hard and deep in the s. A simple non-payment case will take 6 months, then the a hole tenant will break your water line or electric box and then sue the landlord. Cost is tremendous, it could be 6 months - 1 year with no rent, and you will still have to pay for the mortgage. The bank will not forgive me, the state will not say oh your tenant is not paying you so we don't charge you property tax. It is not my fault to be protective to myself, its the city's fault.
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.
Re: Deny Application of Criminal History
Quote:
Quoting
cbg
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.
Re: Deny Application of Criminal History
Re: Deny Application of Criminal History
Quote:
Quoting
Lokie
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
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
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.