Investor · Broken Arrow, OK · Member since 2016 · 210 posts · 314 votes
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?
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
5y
@Bruce Woodruff the fact is the CDC data show the unvaccinated are many more times likely to be hospitalized then the vaccinated. And problem with your Israeli study is that many people won't survive covid to develop natural immunity because the hospitalized are more likely to die. That isn't political, just data. As for VIOXX it is on the market today as well as many other drugs that are not without risks, no FDA approval is without risks. It is your choice. That said I do think getting vaccinations gives people an inflated sense of security.
As for this landlord, I believe he was not renewing unvaccinated people which given the lack of possibility to vaccinate kids at the moment I think there are other hazards to this policy. It is his business model. Just like the guy who says you can't come in to my business with a mask on. You live with the consequences of your actions. You want to rent from him, you get a shot or take him to court. Unless HUD can find a way to fit this into the already protected classes.
Gainesville, VA · Member since 2021 · 82 posts · 72 votes
5y
He will step on a landmine! There are protected classes that cannot get the shots and if he pushes it he will violate parts of the ADA and that person will be able to buy a new house with his payout. The funny thing is that if one of these people decides to push and are a protected class he will have to make accommodations under the law for their disability.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
5y
FYI, this landlord is an 80 year old pontificating jackass.
His lawyer says it is not illegal because he is not running a business. The guy owns 1200 units. Not a business according to him. I can only assume the lawyer got his law degree from a box of Cracker Jacks.
The Governors office has already stated that if he proceeds, he will be in violation of the law and subject to a $5000 fine.
The best part is that this guy is planning on firing any employee that will not get vaccinated. Given the massive labor shortage going on, best of luck to him finding replacements. I'm sure the phrase "I can have the handyman come over in 3 months to fix it" will soon be uttered by this moron.
FYI, this landlord is an 80 year old pontificating jackass.
His lawyer says it is not illegal because he is not running a business. The guy owns 1200 units. Not a business according to him. I can only assume the lawyer got his law degree from a box of Cracker Jacks.
The Governors office has already stated that if he proceeds, he will be in violation of the law and subject to a $5000 fine.
The best part is that this guy is planning on firing any employee that will not get vaccinated. Given the massive labor shortage going on, best of luck to him finding replacements. I'm sure the phrase "I can have the handyman come over in 3 months to fix it" will soon be uttered by this moron.
@Greg M.. Love the "pontificating jackass"! I truly do not understand what would motivate someone to force others to do what they think should be done.. Totally understand suggesting and encouraging, but taking it to this level seems tyrannical..
Also, thanks to all for your input. Like many of you, I do not see this being part of the normal process of landlords trying to protect their property and interests.. To me, this seems way over the top and just disrespectful to your tenants.
Investor · San Diego, CA · Member since 2014 · 592 posts · 765 votes
5y
I think it's generally poor judgment to post this sort of thing. You can pretty much expect a ****storm of opinions (many of which are uninformed) and very little actual intellectual gain coming from the discussion.
Here are the facts regarding this matter:
1) Unvaccinated people are not a protected class. FL has EO21-81, which states the following: "Businesses in Florida are prohibited from requiring patrons or customers to provide any documentation certifying COVID-19 vaccination or post-transmission recovery to gain access to, entry upon, or service from the business". Meaning from a legal perspective, as a business, you can't ask about their vaccination status, but if you find out someone is unvaccinated in some other way, there's no legal protection for these individuals from eviction based on their vaccination status. Whether or not this landlord counts as a business is debatable (I would argue that yes, he is in fact a business).
2) This is not a HIPAA violation. I would really appreciate it if people stopped contributing to this misunderstanding. HIPAA only prohibits the release of protected health information (PHI) by others without your consent. Barring other laws (such as EO21-81 in FL which states that businesses in FL are not allowed to force people to provide documentation of vaccination), your employer or your landlord can in fact ask you whether or not you are vaccinated. In other states that don't have things like the FL EO, they can fire you for being unvaccinated. This is not against the law.
3) Is this smart business? No, as only about half of FL is vaccinated. It's never smart business to remove half your TAM just to support your political beliefs. Should you personally give a **** about this guy's decision? NO! Get back to your own business and spend less of your time on things you can't control (politics) and more on the things you can.