Screening Tenants - Terrified of being accused of discrimination

Screening Tenants - Terrified of being accused of discrimination

voorhees · Member since 2012 · 11 posts · 4 votes

I am new to screening for tenants and am scared of being accused of descrimination when choosing not to rent to an applicant.

Can you all give some tips on the best way to let an applicant know that you've decided not to rent to them?

Also, general tips on what not to do to avoid discrimination accusations. Thanks!

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Real Estate Investor · West, East Michigan · Member since 2011 · 27 posts · 3 votes
14y

When taking apps, write the date and the time that you got it. If you have more then one that qualify and you pick the first one and the second one happens to be of a minority group, you have proof regarding timing about filling out the app.

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  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    14y

    Follow the rules and don't discriminate on protected classes. Be very consistant in your process and stick to your guidelines. If someone ever says anything to me, I tale a step closer to them, look them in the eye and say in a convincing tone "I don't care if you're yellow, black, blue, green or red, a church goer or not, walking or not or what your personal issues are, your money should be as green as anyone elses and mine and that's all I'm in this business for is the money!" That usually shuts them up.

    While some have pulled or played that card, they don't get far with it so long as you can back up your decission with reasonable requirements that were not met from your processing them in the same manner as all other tenants....it's then not an issue. Good luck

  • Real Estate Investor · West, East Michigan · Member since 2011 · 27 posts · 3 votes
    14y

    When taking apps, write the date and the time that you got it. If you have more then one that qualify and you pick the first one and the second one happens to be of a minority group, you have proof regarding timing about filling out the app.

  • Investor · San Ramon, CA · Member since 2011 · 1k+ posts · 569 votes
    14y

    How many units do you have? If 3 or less, Fair Housing doesn't apply, you can discriminate for any reason.

    Not that that's the best policy... simply something to ease your mind.

  • voorhees · Member since 2012 · 11 posts · 4 votes
    14y

    Thanks for the responses, what do you say when they ask why they weren't accepted? Anything?

    I only have 1 unit... I never knew about that 3 or less rule, but, yes, it does put my mind at ease.

  • Involved In Real Estate · Las Vegas, NV · Member since 2010 · 341 posts · 86 votes
    14y

    Also if you own a Fourplex or less and live in FULL TIME one of the units, it does not apply.

  • Note Investor · Pasadena, CA · Member since 2009 · 849 posts · 544 votes
    14y

    I have only declined applicants on the basis of income, credit or criminal history. If you document that on the application, you should be OK.

  • Residential Landlord · Chicago, IL · Member since 2012 · 356 posts · 81 votes
    14y

    From the HUD website:

    I am not aware of any exclusions to this based on number of units, etc. as others have mentioned.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    14y

    3 or more is true, watch yourself as non-owner occupied, federally insured loans can throw you back in to compliance requirements. Sec 8 will also put you there.

    To put your mind at rest on this issue, I have never had a letter or a call from an attorney arising out of discrimination issues and you'll need to get real busy to do more deals than I have.......follow the above advice and you'll be fine. For one property like that stop thinking about it and just be fair and consistent with people. Vinilla conventional financing is not an issue. Good luck

  • Specialist · Portland, OR · Member since 2010 · 3k+ posts · 1k+ votes
    14y

    You rent to the first applicant unless they do not meet your criteria. If you decline the first applicant tell them why and move on.

    Don't be scared, just be fair and you will be fine.

  • Hatfield, PA · Member since 2012 · 1k+ posts · 629 votes
    14y

    I like the rating system for tenants, where you use objective criteria based on different factors + or -

    I think it is more defensible than "this was my top candidate..."

  • voorhees · Member since 2012 · 11 posts · 4 votes
    14y

    Ken, do you have a sample rating system you could post?

  • Real Estate Investor · Baltimore, MD · Member since 2008 · 1k+ posts · 268 votes
    14y

    Just a thought .... Doesn't giving a special status, rights and privileges to a group of people (protected class) take rights and privileges away from non-protected class?

  • Davao, Select a State · Member since 2009 · 6 posts · 0 votes
    14y

    Hello John D.,

    This is a good topic and one of the fundamental things to consider before accepting tenants. It could be very helpful if you prepare probing quesions list. It always helps to be nice and firm and straightforward when screening applicants/tenants. Other than that the criteria given by Loc R. are benchmarks that you should not miss out. =)

  • Real Estate Investor · Jacksonville, FL · Member since 2010 · 43 posts · 3 votes
    14y

    Hi,

    Just wanted to chime in and say that I love this topic - It seems to be one of the questions new investors like myself would come to bring up.

    I'd be a little nervous myself to reject a tenant if they didn't appear to be responsible; so I always wondered how first-time investors would deal with being able to filter their tenants responsibly.

    Myself, I'd have to learn not to be overly picky though and risk passing up someone who will become a long-term tenant!

  • Residential Real Estate Broker · Clinton, MD · Member since 2008 · 297 posts · 178 votes
    14y

    Hi John -- Glad that you are aware of your Fair Housing obligations and asking questions. Although I am now a full time investor I spent 20 years as a civil rights lawyer. The answers suggesting you make a system, process applications in the order received are all valuable. I have never rejected an application. When I have someone who has been evicted or otherwise doesn't check out, I call them and tell them the problem. The typical answer is that a mistake has been made. I encourage them to fix the mistake and explain that I have to proceed to the next application but if they bring me proof that a mistake has been made and the property is still available, I will continue to process.

    George -- Our civil rights laws are trying to create an equal playing field. The laws do not create special rights or privileges, the laws try to ensure that a protected class gets the same rights or privileges as others. Hopefully, you realize that every person falls within a protected class. A white person trying to rent who is treated differently because of his or her race has a claim.

    Teresa

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    14y
  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    14y
    Originally posted by Loc R.:
    I have only declined applicants on the basis of income, credit or criminal history. ...

    Never rejected one for prior evictions? Never rejected one for false / misleading / incomplete information on the application?

    Those are perfectly acceptable reasons for rejection.

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