Applicant has bed bugs

[Nick Janovich]

Had applicants today that are moving due to bed bugs in their home. 

I'm in the hospitality industry for my "real job" so I'm well aware of bed bugs.

What I'm not aware of is if I can decline the application based on their belongings being infested with bed bugs?

Also, they are smokers. This property is smoke-free and advertised that way. They claim they only smoke outside. I don't buy it. Legally, can I decline based on smoking? It isn't a protected class so I'm assuming yes. This property is in OH if it makes a difference. 

[Nick Janovich]

Originally posted by @Roy N.:

@Nick Janovich

You are correct that being a smoker is bot a protected class of applicant and it can be used as a discriminatory attribute.

When it comes to beg bugs, you will need to check the tenancy law / regulations in your jurisdiction(s).  Here, we have units inspected between tenants and provide the tenant with a statement from our pest control provider that the unit is free of pests (including bed bugs).  If beg bugs are discovered following move-in, the tenant is responsible for the cost of treatment.   If an applicant discloses to us they are moving due to beg bugs in their existing rental unit, we will require they provide us with proof that their furniture and belongings have been effectively treated prior to being permitted to move-in.

Does this sound like a plan: I won't worry about the bed bugs. I will decline the application solely because they answered "yes" to smoking and this is a smoke free property and advertised as such.

I just emailed my attorney though I do not suspect he is in today.