All Forum Posts by: Jim Puccio

You need to be very careful with things like this. Once you set a rent amount and promote that to prospects, you need to be consistent in offering this to everyone. Making an exception for someone, simply because you "feel like" they would make good renters, while NOT offering this reduced rate to others is Exactly what HUD watches for to ensure equal treatment with EVERY prospect. You simply explain to them that in order to comply with fair housing guidelines, it is not possible for you to offer them a rate different than all the other prospects. Thus, your rental rates, lease terms, rules, etc. must remain consistent for this reason. The ENTIRE premise around fair housing guidelines is that you offer EVERY prospect the same terms, etc. and therefore avoiding situations exactly as you are proposing.

I know this is going to sound generic anc cliche, but truly is going to be difficult for every one of your particular properties.  I come from decades of working gor the large national and statewide management organizations, where I manage the 300 / 500 unit apartment communities.  Here, we track our marketing and advertising efforts by asking every prospect (phone or in person) "how did you hear about us"?   From there, we compile weekly and monthly reports to track where our advertising dollars are being best spent, and where we possibly need to cut back on.   Now with that said, if your property is, for example, on a busy highway or street... you should be putting the vast majority of your marketing dollars on "curb appeal and signage", as opposed t a full page advertisement or fancy website .   So, it's best to track you advertising efforts with each prospect at each property separately and determine that property's best marketing plan.  

The key here is be sure you stay consistent with your implementation of this policy.   Many landlords get into the trap of not having consistent treatment or enforcement of such policies and practices throughout their portfolio.  So, going forward, if you're going to do this, it's best to have "written" standards/policies, in order to ensure and prove that you consistently maintain the same standards for every resident.  Also, be sure to familiarize yourself with you particular state's laws as to how much notice needs to be given to them and the method of service that your state requires.  

Something you need to consider (aside from all the other comments as well)... You should already have a clear set of screening criteria in place.  If so, and if your criteria states that an eviction filed within the past x number of years will be grounds for denial, then remaining hard and steadfast with your criteria is imperative in order to keep yourself clear of creating any fair housing situations.  Once you make exceptions to your criteria, you throw your entire criteria out the window and may as well not have any criteria.  Meaning, if you make an exception to your criteria which is literally put in place to ensure that you have a "cookie cutter approach" to EVERY applicant, you disarm yourself of the protection of having this specific criteria all together.  

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Jim Puccio, ARM, CAM

Accredited Residential Manager, Institute of Real Estate Management

Certified Property Manager, National Apartment Association

@Greg M. Actually, "non payment of rent" is only ONE reason for eviction.  If your state allows entry into the unit with proper notice given, then denying such entry is a breach of lease, just like any other "breach of lease" would be.  So , yes you certainly can take legal action if they are not abiding by what they legally have the responsibility to abide by (which is granting access once proper notice is given).   Eviction action is not ONLY reserved for "non payment of rent". If that were true, then a landlord would not be able to evict for , let's say, illegal drug activity or loud parties , for example.  

Connectedinvestors.com also has an app for your phone as well.  

Typically your state will have laws in place as to the amount of legal time frame that you need to provide them in order to lawfully enter the unit.  For example, in Wisconsin (where I've spent most of my career in property management) the landlord must give them a minimum of a 12 hour written notice to enter (and can be for ANY reason).  Once this notice has been properly posted, the landlord may enter in the given time period.  If the tenant refuses entry, they are now in breach of their lease by not complying with state law.  Therefore, This would be enough to warrant an eviction notice (for breach of lease).  Check with your local landlord tenant law attorney in your jurisdiction as to what your particular state's law requires for notice to enter and what form of notice would need to be given for this breach.  Usually once the "breach of lease" eviction notice is posted on their door, this ends up lighting the fire under them to quickly straighten up and comply.  

It's best to always fall back on explaining to them that, in order to comply with fair housing guidelines, you must consistently apply and enforce ALL policies evenly to EVERYONE.  Once you "make an exception", you throw your entire policy out the window.  Thus, in efforts to maintain consistency (which is the cornerstone of fair housing laws) it is necessary that you enforce the same rules and business practices with EVERY person.  Using this explanation (which is 100% true) alleviates yourself from appearing as though you have more leeway than you actually do.