Evicting Unvaccinated Tenants

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Hi everyone, I just read an article that is alarming to me about a large South Florida landlord who is "evicting unvaccinated tenants"..  From what I can understand, this landlord will not renew leases nor will  agree to lease to new tenants who will not show proof of vaccination.. To me, this seems to be discriminatory and potentially a violation of HIPAA regulations.  Will he also not rent to obese people?  How about people that abuse drugs or alcohol?  Just curious everyone's thoughts not only on the legality of this, but also is this good business practice?

@John Kunick   I saw this.   Not sure how it will go.   It is an extension of the idea that businesses can decide if they want to have immunization requirements.  There have always been professions and businesses that had immunization requirements.  We require kids to be immunized to be in public school.  We require health care workers to get certain immunizations.  I think use of common areas could be the driver but they had no information from the landlord. 

Typically HIPAA requirements are limited to health care providers, health insurance companies and those directly linked to providing health care.  Landlords are currently not in this category.

I think the prospective renter pool may be reduced but it's also likely to occur because those that aren't vaccinated seem to be dying like flies.  It's a bad virus and will likely be with us for a long time.

Originally posted by @Gail K. :

 because those that aren't vaccinated seem to be dying like flies. 

Not true. I searched: 'unvaccinated people are dying faster' and got pages of results that do not support your assertion.

I don't want this to go political so let's stay on topic. Just stop with the 'dying like flies' BS

@John Kunick - I thought about this earlier this week.   But I thought about it in terms of my employees needing to wear masks around our tenants.

From my basic understanding, this is not a protected class yet.

I see it coming though.  Especially in todays environment.  Our rights to choice are being taken slowly but surely.  One drip at a time...

@Michael Ablan   I actually wonder if it will be a protected class. I think it is unlikely,  I guess he is a FL landlord and maybe in FL they will protect this information so you just can't ask about immunization.  But adding immunization status as a protected class I don't see it.  They are requiring proof for entry to sporting events and other activities.  I Wouldn't do it but I see places like senior housing where it might be warranted to have limitations on immunization status.  And right now it is his right just like some people don't rent to tenants with dirty cars...     

This is ridiculous I'd be more concerned about vaccinated people, Then the unvax

Either way If people want to jab themselves with a cocktail shot go ahead and let them if they don't then who cares, Whether you have the vaccine or not you can still transmit it And still get sick with the korona

He's about to have lawsuits on his hands,

Not renewing a lease is NOT an eviction. It doesn't require any reason in most states. As far as not leasing to the unvaccinated, that's the landlord's prerogative as it's not a protected class as defined by HUD or fair housing regulations. He would just have to apply it to everyone so there's no perception of fair housing violations. I don't agree with his position but agree with his right to do what he thinks is best for his business or other tenants.

Originally posted by @Bruce Woodruff :

@John Teachout I looked up the story and I believe he is actually going to evict those that won't get vaccinated. If true, that is a whole different story.......

There would be no basis for that unless it's in the contract so not likely a court would consider that a valid reason. You can evict someone for non payment or for contract violations after posting a cure/quit notice. Not likely he's got that wording in the contract. In the county I live in, less than 30% are fully vaccinated so it would certainly limit the rental pool in our area.

Originally posted by @John Teachout :
Originally posted by @Bruce Woodruff:

@John Teachout I looked up the story and I believe he is actually going to evict those that won't get vaccinated. If true, that is a whole different story.......

There would be no basis for that unless it's in the contract so not likely a court would consider that a valid reason. You can evict someone for non payment or for contract violations after posting a cure/quit notice. Not likely he's got that wording in the contract. In the county I live in, less than 30% are fully vaccinated so it would certainly limit the rental pool in our area.

I understand. But I think this landlord is so self-righteous that they are prepared to buck the system to get what they want. We'll see, this will be interesting....the left's zeal to control the populace is out of control....

@Gail K. https://www.zerohedge.com/covid-19/ends-debate-israeli-study-shows-natural-immunity-13x-more-effective-vaccines-stopping

(Cliff notes in article. Study you need to be trained to read it).

I’ll leave this here. Please turn the TV off and educate yourself before spewing conjecture. Look up why the mRNA vaccine never passed animal trials in the first place. A hint would be antibody dependent enhancement…

Regarding FDA approvals, look up Vioxx. One simple example of why not to trust the FDA.

I am not for more burdensome regulations on landlords and believe landlords should have more freedom in whom they rent too. But this is a massive violation of HIPAA and hope he gets challenged in court.

Attorney here. I am not going near the vaccination debate (this is Bigger Pockets, not Bigger Politics). However, two points

1. I've seen folks bring up HIPAAA. HIPAA rights apply to conduct by medical providers, and there's no private right of action. This means that only a governmental body, like a state attorney general, can sue over HIPAA. You or I can't sue over a HIPAA violation. I don't think this would be one anyways - businesses tend to have a broad right to enforce vaccine rules. 

2. To my knowledge, not being vaccinated is not a protected class. This isn't to say that I agree with what the landlord is doing (I would not do it) or that it's automatically legal. If he's evicting people on the basis of vaccines, it's hard to see it as a valid grounds to remove a tenant. However, if he's not renewing leases, rather than evicting, he might be within his rights. 

\

Originally posted by @Paul Kuhn :

@Gail K. https://www.zerohedge.com/covi... notes in article. Study you need to be trained to read it).

I’ll leave this here. Please turn the TV off and educate yourself before spewing conjecture. Look up why the mRNA vaccine never passed animal trials in the first place. A hint would be antibody dependent enhancement…

Regarding FDA approvals, look up Vioxx. One simple example of why not to trust the FDA.

I am not for more burdensome regulations on landlords and believe landlords should have more freedom in whom they rent too. But this is a massive violation of HIPAA and hope he gets challenged in court.

Sorry this gave me a great laugh.  Turn off the TV and turn instead---to a very pro-Russian site from Bulgaria.....https://newrepublic.com/articl...

And as for the "animal testing stopping because animals died",  that's BS too....https://www.reuters.com/articl...

Landlord can do what he wants,  in Florida especially might cost him money.  But I can't imagine what law he is breaking for non-renewing.  Evictions he won't get away with.

@John Kunick yeah I don’t think he’s breaking any rules doing so since I just read an article saying that it’s legal for Biden to authorize these mandates, but like someone else said, he’s kind of screwing himself over being willing to lose possibly good tenants over something like this and possibly even a few vaxxed future tenants that choose not to stay there because they support peoples right to choose. It’s okay to have opinions and personal values, but I think it’s stupid to let that limit your own ability to make money. Really just seems like he’s shooting himself in the foot.

I saw this too. LOL stupid landlord. Likely will get sued as medical conditions such as late stage AIDS, etc. that prohibit vaccinations ARE a protected class. 

Originally posted by @John Kunick :

Hi everyone, I just read an article that is alarming to me about a large South Florida landlord who is "evicting unvaccinated tenants"..  From what I can understand, this landlord will not renew leases nor will  agree to lease to new tenants who will not show proof of vaccination.. To me, this seems to be discriminatory and potentially a violation of HIPAA regulations.  Will he also not rent to obese people?  How about people that abuse drugs or alcohol?  Just curious everyone's thoughts not only on the legality of this, but also is this good business practice?

HIPAA pertains only to health records which can personally identify an individual.

Vaccination status is *NOT* covered under HIPAA.

Originally posted by @Bruce Woodruff :
....the left's zeal to control the populace is out of control....

whaaaaat???????  what an odd comment....  and that is all I will say since this is not a political forum.