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Common Question and Answers
• What should I look for in selecting a tenant? The most important thing for you to determine is whether a tenant will be
able to pay the rent in a regular, timely manner. You will also
want to know that the tenant will not disturb other tenants and
will keep the unit in a reasonable condition. These questions
can often be answered by references from previous landlords,
employment verification, or a credit bureau
• I have a no-pets policy and a disabled applicant says I
should admit him/her and his/her dog. Is it true? A service/
companion animal is not considered as a pet and that request is
in accordance with the reasonable accommodations a tenant
can ask for.
• I want to choose my tenants, after all it is my house, how
selective can I be? Do I have to rent to the first qualified applicant? You can be very selective and you may take applications from more than one applicant and choose among the
qualified applicants as long as you do not use prohibited criteria
to screen them.
• I have two vacant units, one on the second floor and the
other on the ground floor. A family with children is interested in renting the second floor unit, I had tried to explain
them that families have to live in the ground floor, it is bet-
ter for the other tenants and it is nearer to the yard. They
say that I am discriminating against them, but it is for their
welfare. Discrimination does not need to be intentional. Families with children have the same rights as the others tenants and
should be allowed the same choices. “Steering” is forbidden by
law.
• I have invested a lot of money repairing the apartment.
Must I rent to a person with mental disability and a history
of disturbance who may damage the property? If he or she
has a history of disturbance and it is a real threat to the property you can deny. Not based on his/her disability but in his/her
inability to comply with the agreement and keep the unit in reasonable condition. If it happened in the past and now s/he is under medication and his/her behavior under control you cannot
deny. It would be discriminatory.
• Two men applied to rent my one bedroom apartment, I
am really sorry but I think homosexuality is immoral. This
is discrimination based on sexual orientation and it is illegal.
This a business transaction. Your only concern should be their
ability to pay rent and keep the unit in reasonable condition
and do not disturb other tenants.
• My complex is in a non English speaking neighborhood,
and an English speaker applied for the apartment, I tried
to explain to him that he would better to look for another
place, but he insisted. Do I have to rent to him? If he can
afford the rent and comply with the agreement, you cannot
steer him to another place.
• Students party every night , they are not a protected
class, do I have to rent them? That is a prejudice, stereotyping can be both dangerous and illegal. Each prospective tenant must be judged on his/her own merit. You can not decide
not to rent to a whole group of people because of previous ex-
perience you had or what you think about young people.
You can base your decision in the tenant’s previous history,
but not generalize about students.
• I know that I cannot deny renting to families with children
but they always cause problems so I have to post notices
to parents warning them to keep an eye on them. You can
adopt reasonable rules regulating the conduct of all tenants,
but not only for children, in order to be in compliance with Fair
Housing laws .
• Do I have to rent to an unmarried couple even if my religion does not allow it? Yes. The California Fair Housing Laws
make it illegal to discriminate based on marital status.
• Can I limit the number of people who live in a unit? Yes,
as long as your limit is not so restrictive that it has a disparate
impact against families with children.
• Can rental applications require the first and last names of
all applicants? Yes. The housing provider has a right to know
who rents the premises, who is responsible for paying the rent
and any more tenants living in the unit.
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