Is it legal for a landlord to require potential tenants to have a job that can allow them to work from home? In the age of COVID-19, I imagine tenants with such jobs would be more desirable, not sure if it's legal, though.
Investor · San Antonio, TX · Member since 2019 · 576 posts · 307 votes
6y
@Nick Marsillo, That may be considered Arbitrary Discrimination. Of course you can require a certain level of income but I doubt you can require them to work in a certain field. Why would you want to screen tenants this way anyway?
I figure in the age of COVID I'd rather have a tenant who can earn money from home as opposed to someone whose income or business can be shut down by the government.
Real Estate Agent · Hackensack, NJ · Member since 2014 · 321 posts · 412 votes
6y
I think it’s hard enough to find a good tenant without having a criteria like this. If they remained employed through the pandemic, they would likely remain employed through a 2nd wave. It should be legal though (you should consult an attorney of course) because if they work from home or not isn’t a protected class. It would be absolutely bizarre to have to turn down a tenant with good, verifiable income , a 700+ credit score that you can’t accept three because they don’t work from home.
Real Estate Agent · PA · Member since 2018 · 7 posts · 1 vote
6y
In NJ, a landlord can't discriminate on the basis of lawful income. I imagine this is probably to prevent section 8 discrimination, but it may also prevent the type of screening you're talking about too.