Need Help! Rental Applicant filed a discrimination complaint

[allenartlab]

Thanks every one for your feedback.

[spdrun]

Are there any state/local laws specifying minimum square footage or rooms per occupant?

[(former)FormerSanDiegan]

[quote=spdrun]Are there any state/local laws specifying minimum square footage or rooms per occupant?[/quote]

IN california I think the rule is 2 persons per bedrom + 1 more person.

So, a 4-bedroom can hold 4*2 + 1 = 9 people. Exactly the number here.

Based on the facts posted I think this is an obvious case of discrimination. The only question is whether the landlord was ignorant enough to put the reason in writing, in an email or a voice mail message (or post it on a blog).

[(former)FormerSanDiegan]

This is yet another reason why I use a property management company for my rental…

They stay up-to-date on all these rules…

[SD Realtor]

Get an attorney. Don’t take advice from an internet blog when it comes to legal matters. You screwed up, you did discriminate. Consider it a lesson learned. Whenever you review lease applications you never EVER make any statements that discriminate in any manner. You never need to give anyone any reasons for your decisions other then, “I am considering other applicants, and if you are accepted I will let you know.”

Finally if you are renting out a 4 bedroom home 2 kids can do as much damage as 7. Adding significant upgrades to a rental property is not a good idea.

[bababooey]

What about if the applicant tells you they have a pitbull, can I discriminate against them for having a particular type of dog if I advertise pets ok?

OUT.

[HLS]

CONSULT AN ATTORNEY.

Title VIII of the Civil Rights Act of 1968 is commonly known as the Fair Housing Act and was a follow‑up to the Civil Rights Act of 1964.

The Civil Rights Act of 1866 prohibited discrimination in housing, but there were no federal enforcement provisions.

The 1968 act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, and since 1974, gender; since 1988, the act protects people with disabilities and families with children.

I don’t think that pets & smokers fall into the above.
Being a landlord comes with huge responsibilities.

Luckily for most landlords, most tenants do not know their rights.

It can be dangerous in casual conversation to mention sexual preference, religion, pregnancy, ethnic origin etc. and then deny an applicant.

[(former)FormerSanDiegan]

[quote=SD Realtor]Get an attorney. Don’t take advice from an internet blog when it comes to legal matters. [/quote]

… what does he do when the advice to not take advice from an internet blog comes from an internet blog ?

:0

[SD Realtor]

he chases his tail until he catches it!

[earlyretirement]

[quote=SD Realtor]Get an attorney. Don’t take advice from an internet blog when it comes to legal matters. You screwed up, you did discriminate. Consider it a lesson learned. Whenever you review lease applications you never EVER make any statements that discriminate in any manner. You never need to give anyone any reasons for your decisions other then, “I am considering other applicants, and if you are accepted I will let you know.”

Finally if you are renting out a 4 bedroom home 2 kids can do as much damage as 7. Adding significant upgrades to a rental property is not a good idea.[/quote]

I totally agree.

NEVER make any statements at all. SD Realtor gives excellent advice. Lots of new landlords don’t have any experience and they say and do all the wrong things which can be very treacherous.

If this person hasn’t filed any complaint against you yet, I wouldn’t waste time worrying about it or spend money consulting lawyers. I’d wait until you know it’s a problem and they definitely filed a complaint but definitely learn from this.

[Author]

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