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Ex of applicant is a recovery drug addict - Landlord Forum thread 357802

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Ex of applicant is a recovery drug addict by Anonymous on June 20, 2018 @11:46

I have an rental. I have an applicant who want to see the place and have not turn in an application, but keep asking about the place. But from the information they provided and just basic search on the web. I learn the ex is at the very lease a recovery drug addict (I say at lease because the ex could have relapse but I have not evidence of that). The reason I am concern about the ex is that tenants are known to move in their ex after the fact so I don't want to run the risk.

My questions is do I have enough justification to reject their application or do I have to do more investigation on the ex. I am a small organization I think it is better use of my time to screen or find other applicants then to investigate this one more.

Also if I have enough justification how will I tell the applicant because they have been asking about it.

[ Reply ] [ Return to forum ]

Re: Ex of applicant is a recovery drug addict by Garry (Iowa) on June 20, 2018 @22:02 [ Reply ]
As a landlord, you are running a business. You do not have a crystal ball to see the future. Show the place, and take an application, if they choose to fill one out, and run it. If they don't fill one out, they have just rejected themselves. And if the applicant does not meet your qualifications, reject them based on their qualifications (which are current, and are in writing). Never reject someone based on what you THINK may happen in the future.
Re: Ex of applicant is a recovery drug addict by Anonymous on June 23, 2018 @03:11 [ Reply ]
From what I know, the recidivism rate is high for a recovering addict.

I would screen the applicant carefully and find some legal way to reject the application.

If the applicant passes your criteria, make sure the lease is air tight about people moving in...but check to see if it's legal to NOT permit a husband (they may remarry) to move in with a wife. Good luck with this one.

Re: Ex of applicant is a recovery drug addict by MrDan on June 23, 2018 @13:10 [ Reply ]
"Federal law prohibits discrimination in housing because of a handicap or disability (FHAA). The definition of disability includes people who are in recovery from drug or alcohol addiction. A person qualifies for protection under the state and federal fair housing laws if he or she is not a current illegal user of a controlled substance, is an alcoholic, or has any disease or condition associated with addiction to a controlled substance. However, the law does not protect current illegal users of a controlled substance. Landlords, owners, and other housing providers cannot discriminate against someone searching for or living in housing either because they believe the person is in recovery or because in fact the person is in recovery from drug or alcohol addiction"

Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices
it shall be unlawful–
(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of–
(A) that person; or
(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or
(C) any person associated with that person.

As you can see, both the applicant and ex are protected by Fair Housing. Your concerns are valid, just not legally applicable. Your use of the internet to search rental applicant backgrounds could also be problematic, leading to discrimination charges.

You should have a written policy of your rental criteria available to give out with every application. As to having any justification to 'reject their application', not unless they fail to meet your written rental criteria to rent. Otherwise, you are subject to a possible discrimination complaint. Will your insurance company cover you if you are found guilty of discrimination?

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