|
 |
|
Disabled Prospective Tenant?
by Anonymous
on March 26, 2015 @10:05
|
Texas landlord. From pre-screening I have two prospective tenants, a father and son. Father has good FICO score and barely meets income requirement. Son is (temporarily) disabled due to work injury and has bad credit and next to no income. My policy is that single tenants must qualify individually. Also their pets are three times more than what my pet policy allows.
Is there some government policy for temporarily disabled that forces me to accept the pair even though one does not qualify? I am not aware of any local or Texas code that says so.
|
|
[
Reply
]
[
Return to forum
]
|
|
Re: Disabled Prospective Tenant?
by Kwanto (Houston)
on March 26, 2015 @11:15
|
[ Reply ]
|
|
|
there is a Texas law against discriminating against disabled persons
but nothing about disabled persons who HAVE NO INCOME
would you consider a disabled homeless person off the street that reeks of urine and has baked-bean teeth
??
|
|
Re: Disabled Prospective Tenant?
by Anonymous
on March 26, 2015 @12:53
|
[ Reply ]
|
|
|
|
Why would you assume the government would force you to become a non-profit housing provider to the financial unqualified? That's just silly. Application of a little common sense would go a long way here.
|
|
Re: Disabled Prospective Tenant?
by MrDan (Georgia)
on March 26, 2015 @18:46
|
[ Reply ]
|
|
|
Under the American Disability Act;
Disability means a physical or mental impairment that substantially limits one or more major life activities; a record of having such impairment; or regarded as having such impairment. To begin with, a temporarily disabled resident would have to have a physical or mental impairment.
Assuming a resident has a temporary impairment, the issue now is whether or not the temporary impairment substantially limits a major life activity.
The fact that impairment is considered short-term or temporary is a very strong indication that the impairment does not substantially limit a major life activity.
The vast majority of court cases have determined that temporary or non-permanent conditions of a short duration usually fall short of substantially limiting an individual in a major life activity.
In short, most courts will likely conclude that temporary disabilities are not covered by Fair Housing laws.
If two applicants apply together for a rental unit and one passes the screening based on your criteria for tenant selection and the other does not, then as co-applicants, their application does not qualify.
|
|
|
Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories
Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help
|
