Poor tenants to get shown the back door

A New York real estate developer has unveiled plans to build a waterfront tower in the Upper West Side of Manhattan that will include both luxury condos and affordable rentals.  What makes this building unique is that the developer plans to include two separate entrances to the building – one for the wealthy and one for the lower-income tenants.

Officials speculate that the builder is looking to cash in on tax incentives by offering affordable housing, but they want to keep the lower-income tenants are kept separated from those with the big bucks.

Just how much will it cost to use the exclusive entrance to the building? Well, a neighboring building by the same developer sells 1-bedroom condos for $1,000 a square foot.

Poor tenants have to enter luxury buildings through the back

The Department of Housing Preservation and Development is still reviewing the plans, which some lawmakers are calling “a blatant attempt at segregation.”  

What do you think? Should separate building entrances for higher paying tenants be considered discrimination?  

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Recovering alcoholics protected under Fair Housing laws

It’s easy to make a decision on a tenant applicant whose background check turns up a recent drug-related conviction. But what about an applicant who admits to being a recovering alcoholic, or whose tenant screening report finds a court-ordered and completed drug addiction rehabilitation program?  Does such a red flag constitute grounds for denying the person’s rental application? 

One might think so, but the answer is no, and landlords must be careful to not go against Fair Housing Laws in this instance. The federal Fair Housing Act prohibits discrimination in housing based on a disability, which is defined as a physical or mental impairment that substantially limits at least one major life activity. This definition covers people recovering from alcoholism and drug addiction.

Tenant applicants who have successfully completed a drug treatment program (and can prove it) are protected under the disability provisions of the Fair Housing Act. This means that a landlord cannot refuse to rent to someone solely because of a history of drug addiction. 

If you’re dealing with a criminal conviction, especially a relatively recent one, then you are within your rights to deny the applicant. But be sure your decision doesn’t go against Fair Housing law and unfairly deny someone who is doing their best to get their life back together.

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How to decide between two great potential tenants

All landlords dream about finding that perfect tenant. But what happens when you find two?

It might sound like a pipe dream, but there are lots of good quality renters out there, and if you find yourself in the company of more than one tenant who makes a good first impression, has a stable monthly income, and passes the tenant screening process with flying colors, it can be difficult to decide which one should get the keys and the lease.

What you don’t want to do is let your personal biases become discriminatory, thereby violating Fair Housing laws. The first thing to do is to compare their tenant screening reports side by side and see whether one rises to the top based on cold hard facts (including the credit rating and background check). If not, think about other factors, like the stability of their respective employers, the length of time they’ve worked there, and how long you expect them to live there.

Make the decision based on who is the better risk, not on which one you think you like better or which one you are personally more comfortable with. And when you think you’ve made your decision, justify it to yourself on paper so that you are sure there are no illegal biases at play. 

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Know Fair Housing Laws

When landlords are new to the business, there are two things they need to learn right away. One is the value of using a professional tenant screening service to screen their applicants and give them crucial information on an applicant’s credit, employment, criminal record and rental history. The other is the importance of familiarizing themselves with the Fair Housing laws in their area and their state.

Fair Housing laws are in place to protect both tenant and landlord, but in order to be protected by the law, you have to know what that law is. Landlords can’t plead ignorance when it comes to Fair Housing issues, because it is their duty to learn and uphold the law when doing business.

In essence, fair housing laws are put in place to ensure there will be equal access to housing for all people. There can’t be any discrimination on the basis of race, color, religion, gender, national origin, ancestry, sexual orientation, age, familial status, children, marital status, veteran status or membership in the armed services, the receiving of public assistance, or physical or mental disability.

To learn more about the law, landlords should visit the U.S. Department of Housing and Urban Development (HUD) website. Also check your state’s Housing Department for state regulations and possible training classes on the law. You can also check with your county’s government seat for any local laws regarding Fair Housing issues. Remember that ignorance on this subject will not get you off the hook if you’re ever faced with a complaint or lawsuit accusing you of violating Fair Housing law.

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