Quote:
Originally Posted by bigdog
I have seen landlords advertise as 'Accepting applications' !
In that manner it's at the discretion of the landlord who he rents to...
I'm sure rental applicants have challenged that approach !
I do see the concern for the landlord to do one's due diligence !
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Unfortunately, it's not simple at all. This is language from the manual I linked to above:
Applicant Screening, Civil Rights, and
Fair Housing
Landlords are sometimes confused about their rights in turning down
applicants. A few landlords even believe that civil rights laws require
them to accept virtually any applicant; this is not the case. Civil rights
laws are designed to protect the way applicants are screened and to
make sure that all qualified applicants feel equally invited to apply. Federal
fair housing guidelines prohibit discrimination based on race, color,
religion, sex, handicap, national origin, or familial status (presence of
children). Many state and local governments add other categories—
marital status, sexual orientation, source of income, or participation in a
government subsidy program are common examples. The purpose of
these laws is to prevent discrimination based on protected class criteria.
Nothing in the fair housing laws forbids you from setting fair screening
guidelines and applying them equally to all applicants.
Keep in mind that every person belongs to these protected classes—each
of us can be defined in terms of our race, color, religion, sex, and national
origin, for example. So any time you deny an applicant, you have,
in a sense, denied someone who belongs to a protected class. The question
is whether or not you treat applicants or tenants unfairly because of
the class to which they belong. If the criteria you set are blind to class
issues and you apply them consistently, then you may turn down applicants
who do not meet your criteria.
The key lies in making sure your screening process is fair—that it neither
directly nor indirectly discriminates on the basis of one of the federally
defined protected classes or other classes that may also be protected
in your community
Of course, the determination that you were "fair" is a retrospective one and will be made by people who are, for the most part, pro-tenant.