Re: first come first serve? - Landlord Forum thread

Re: first come first serve? by NY-LL on June 10, 2012 @01:33

The U.S. Fair Housing Act (FHA) is intended to prevent discrimination against equally qualified prospective applicants with the same or similar rental qualifications. The “first come, first served” issue is a falsehood designed by tenants (and unknowledgeable landlords) to create legal ramifications where none exist.

The landlord is legally entitled to receive as many qualified applicants within their specified time limit (whether one week or one month). Amongst the interested prospective tenants, the landlord is legally within their right to choose the best qualified prospective tenant within the completed applicant pool, regardless of whether the application was delivered complete on the 1st of the month or the 31st of the month.

The date of receipt of the qualified rental application is only significant if the landlord discriminates against equally qualified prospective tenants.

Tenant are rarely, if ever, equally qualified as some have already mentioned. (Landlord should choose the best qualified applicant that meets the criteria.) If equally qualified on balance, then choose the prospective with the most acceptable tenant with long-term lease agreement terms (two or more years rather than a one year or month-to-month).

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Re: first come first serve? by podg on June 10, 2012 @11:45	[ Reply ]

thank you, thank you, thank you! You have shed a great light on this situation and have given me knowledge that will be very helpful. Mr. Dan wrote: If a discrimination suit/complaint is filed, the burden of proof would shift to the landlord to show that a sound business reason was used (First qualifying applicant) and no discrimination occured. All applications should be dated when they are received just in case something comes up latter. Seems there are many other sound reasons other than who is first in line. Whew, what a relief. Thanks again NY-LL

That is me Anna Mouse above LOL no msg. by Anna Mouse on June 10, 2012 @11:46	[ Reply ]

Re: first come first serve? by Mark on June 10, 2012 @22:54	[ Reply ]

I have read the entire Fair Housing Act and can not locate anywhere any information you have stated. Could you please direct us to that info so we can read it also. "The U.S. Fair Housing Act (FHA) is intended to prevent discrimination against equally qualified prospective applicants with the same or similar rental qualifications. The “first come, first served” issue is a falsehood designed by tenants (and unknowledgeable landlords) to create legal ramifications where none exist." Where is this at?

Re: first come first serve? by NY-LL on June 11, 2012 @01:35	[ Reply ]

The U.S. Fair Housing Act (FHA) does not mention “first come, first served” which is a falsehood designed by tenants (and unknowledgeable landlords) to create legal ramifications where none exist. Do you believe the U.S. Fair Housing Act (FHA) is not intended to prevent discrimination against equally qualified prospective applicants with the same or similar rental qualifications? -or- Do you believe the U.S. Fair Housing Act (FHA) should specifically state that is intended to prevent discrimination against equally qualified prospective applicants with the same or similar rental qualifications? Spend some time in review of the case law and legal precedents to confirm the law and legal intent. (State your findings.)

Re: first come first serve? by Carla on June 11, 2012 @08:22	[ Reply ]

It seems you have made his up! The Fair Housing Act is part of the Civil Rights Act and is meant to stop discriminstion of protected cases. 38 States also have Fair Housing Laws on their books along with various counties and cities across the Nation. I don't think anyone made anything up but you.

Re: first come first serve?

Re: first come first serve? by NY-LL on June 11, 2012 @10:35	[ Reply ]

(Repeat post for those who misinterpreted original) The U.S. Fair Housing Act (FHA) is intended to prevent discrimination against equally qualified prospective applicants with the same or similar rental qualifications. The “first come, first served” issue is a falsehood designed by tenants (and unknowledgeable landlords) to create legal ramifications where none exist. The landlord is legally entitled to receive as many qualified applicants within their specified time limit (whether one week or one month). Amongst the interested prospective tenants, the landlord is legally within their right to choose the best qualified prospective tenant within the completed applicant pool, regardless of whether the application was delivered complete on the 1st of the month or the 31st of the month. The date of receipt of the qualified rental application is only significant if the landlord discriminates against equally qualified prospective tenants (which the law prohibits). Tenants are rarely, if ever, equally qualified as some have already mentioned. (Landlords should choose the best qualified applicant that meet the criteria.) If equally qualified on balance, then choose the prospective with the most acceptable long-term lease agreement terms (two or more years rather than a one year or month-to-month). It seems that some landlords intend to discriminate and use the “first come, first serve” issue as the basis the legitimize discrimination against qualified applicants. (Nothing but an official complaint will prevent discrimination by an ill-intended landlord.) Contact FHA to confirm the basis for complaint: Office of Fair Housing and Equal Opportunity Department of Housing and Urban Development 451 Seventh Street SW, Room 5204, Washington, DC 20410-2000 Toll-Free 1 (800) 669-9777 http://portal.hud.gov/hudportal/HUD?src=/topics/housing_discrimination http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_12150.pdf

Re: first come first serve? by NY-LL on June 11, 2012 @10:50	[ Reply ]

This topic discussion string is about the "first come, first serve" issue that landlords profess to be law (which is not). Of course, the FHA Fair Housing Act is intended to protect against discriminatory practices against protected classes. Fair Housing Act Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). The comments were intended specifically in response to the topic discussion string "first come, first serve" (which is not law). Based upon the comments posted about the "first come, first serve" practice (which is not law), it seems that landlord's may attempt to discriminate against protected classes by falsely claiming their application was received late (after the landlord's preferred candidate). (The FHA will never be able to confirm the date of receipt of the rental application until an investigation is conducted.)

Re: first come first serve? by Mark on June 11, 2012 @15:04	[ Reply ]

The FHA does not investigate. Either or all of the following may do so. HUD, The DOJ,The State, or a local fair housing organization. No one said it's law, just that it's best practice to do so! Also, it's the landlord who must prove that the procedure they follow does not discriminate. So if you do not date or falsely date your applications, that can lead to other issues to deal with. A landlord would be best served by asking their if the procedures they used, has the chance of being discriminatory as applied.

Re: first come first serve?

Re: first come first serve? by Anonymous on June 11, 2012 @14:54	[ Reply ]

These site are to file complaints to HUD. They have nothing to show about the topic.