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Re: Method of choosing applicants
by Anonymous
on May 23, 2012 @20:51
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Have it your way. But that is what most landlords get caught on with a Fair Housing Complaint, different terms and conditions.
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Re: Method of choosing applicants
by NY-LL
on May 23, 2012 @21:30
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The HUD Fair Housing Regulations addresses issues of "discrimination based on race, color, national origin, religion, sex, family status, or disability" as illegal by federal law.
Preference for a longer term tenant (or a financial decision) is not basis or grounds for violation of the HUD Fair Housing Regulations. The same terms and conditions are being applied to equally qualified tenant prospects with preference being given to the prospective who meets the long-term goals of the property (which is a legitimate criteria and not the basis for discrimination).
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Re: Method of choosing applicants
by Anonymous
on May 23, 2012 @23:10
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Still have it your way. But you are applying different terms and conditions by choosing those that will take a longer lease over those who do not. Fair Housing Act says that different terms and conditions are grounds for a discrimination complaint. If everyone meets your criteria and you only lease to those that will take a longer lease, then you have offered different terms and conditions. They either meet all your criteria or they don't. Giving preference to one applicant over another because of different lease terms is discrimitory. As you stated, all are equally qualified tenant prospects.
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Re: Method of choosing applicants
by NY-LL
on May 24, 2012 @11:44
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So have it your way! Accept the first least qualified tenant applicant of YOUR choosing.
The HUD Fair Housing Regulations, however, only address issues of "discrimination based on race, color, national origin, religion, sex, family status, or disability." Preferences not based in any of the seven (7) protected classes mentioned above are not basis or grounds for violation of the HUD Fair Housing Regulations.
Please do not create a pseudo-discrimination case scenario based upon a business financial decision. However, landlords are free to choose the first qualified tenant with the worst attitude and ill-intentions of their choice without regard for preservation of their property or financial well-being.
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Re: Method of choosing applicants
by P-Bone in WNY (NY)
on May 24, 2012 @12:24
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I think the point has been missed. The description was not a landlord offering a different set of terms to a different applicant based on any discrimination violations. If a second applicant offered a two year lease as opposed to the one year lease advertised and was equally qualified it doesn't matter. If you ever get two applicants that are equally qualified you have to make a decision. As long as it is sound business practice, does not illegally discriminate, is followed consistently and with regard to your screening process, then you should be ok. One would assume you have a history of screening in the same manner that can be utilized to support any accusations.
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