Avoiding Appearance of Discrimination
Hi BP Community. I have been a long-time “lurker” and now am a first-time poster. I own a SF rental in Northwest IN (former primary residence). First time renting this property.
Property has been advertised on Craigslist. I received approx. 7 inquiries in the first 24 hours.
The first applicant was referred to me via a volunteer group of which we are both members and is an acquaintance. She came to see the property the day it was listed and submitted an application the following morning (today). According to the application, she meets the income and employment criteria. She explained verbally that she has or anticipates a ding to her credit due to a short sale which she is in the middle of.
APPLICANT 1
- Meets income/employment criteria
- Credit isn’t great
- Has 2 dogs
- Single, no kids
The second applicant came to view the property a few hours after the first app was submitted. He submitted his application on his way out. According to the application, he meets the income and employment criteria. He explained verbally that he has some dings to his credit and his score isn’t great.
APPLICANT 2
- Meets income/employment criteria
- Credit isn’t great
- Has 1 dogs
- Engaged, has kids
- Is a racial minority
I planned to move ahead with the first applicant because (1) she was first and (2) she is known to me – active in the same group, has been to my house before, etc. I was not going to do a background check because she is known to me and others in the group. I was not going to do a credit check since she was upfront about her credit issues.
If for some reason this applicant declined or fell through, I would move forward and process the application of the second applicant, although I would require a credit and background check since he is not known to me and came through craigslist. I did explain to the second applicant that I already had received one application and was processing them in order of receipt.
My specific Qs:
- 1)Am I opening myself up to a potential discrimination charge from the second applicant by moving ahead with the first applicant and not requiring a background/credit check, even though I would require it of the second person?
- 2)What do you tell people who inquire about a property’s availability after you have already received several applications? Do you still make appointments to show it knowing you may have to cancel if you receive a signed lease/deposit?
Thank you!!