Legal Discrimination

t As a landlord you are allowed to openly discriminate against any tenant
(regardless of their race. color, creed, national origin, gender, familial status or
handicap) based on a predetermined unifonn standard of tangible and intangible
Member tenant selection criteria. Legal discrimination only works if you are fair across the
entire board. You must establish uniform standards of tangible (paper) and
intangible (observation) tenant selection criteria and rigidly stick to it regardless of a
person’s race, color, creed, political affiliation, religion, gender, familial status,
handicap or how they pay rent (sec 8 or cash tenant). For example, you cannot
exclude black smokers from renting your unit, but accept white smokers. This is
blatant discrimination! On the flip side of the coin, if you denied all smokers, black,
white or any other color, you are setting a uniform guideline by which you exclude
all candidates for tenancy based on a predetermined selection parameter and this
is legally permissible discrimination.
To legally discriminate it is mandatory that you as a landlord establish a rigid
predetermined uniform standard of tangible and intangible tenant selection criteria
established for your rental. You can then use these pre-established parameters as
your guide to locating a suitable tenant. Every landlord may have slightiy different
tenant selection parameters for their rental units, so I have provided a detailed list
of the most common tangible and intangible factors of legal discrimination used by
landlords.
Tangible Factors of Legal Discrimination

. Credit: If a prospective tenant doesn’t meet the credit standards established by
a landlord for tenancy they are within their legal right to tum them down and
deny them housing. A landlord is not required by law to rent to tenants that they
perceive are a credit risk and unfit to live in their rental.

. Criminal Record: If a prospective tenant’s criminal history and/or arrest record
does not meet the standards established by a landlord for tenancy they are
within their legal right to tum them down and deny them housing. A landlord is
not required by law to rent to tenants that they perceive are law breakers and
unfit to live in their rental.

. Income: If prospective tenant doesn’t meet the income standards established
by a landlord for tenancy they are within their legal right to turn them down and
deny them housing. A landlord is not required by law to rent to tenants that they
perceive are financially unsound and unfit to live in their rental. However, rental
Ads and verbal statements, such as ‘No Section 8’ or ‘No Programs AccepteOE
excluding tenants based solely on their lawful source of income is illegal in NY
State and MUST be avoided,
. References: If a prospective tenant’s references dont check out according to
the standards established by a landlord for tenancy they are within their legal
right to turn them down and deny them housing. A landlord is not required by
law to rent to tenants that they perceive have inadequate references and are
unfit to live in their rental.

. Pets: If a landlord’s policy is NO PETS, they are not required by law to
accommodate pet owners and they are within their legal right to turn them down
and deny them housing. (seeing eye dogs a notable exception in certain
instances)

. Smoking: ¡fa landlord s policy is NO SMOKING, they are not required by law to
accommodate smoking tenants and are within their legal right to turn them
down and deny them housing.

Intangible Factors of Legal Discrimination

. Personality: If a prospective tenant’s personality does not conform to the
standards established by a landlord for tenancy they are within their legal right
to tum them down and deny them housing. Examples: some landlord
personality standards exclude tenants that exhibit aggressive Type A
personalities, while other landlord personality standards bar tenants that they
perceive as nitpickers, whiners, liars, troublemakers, being disrespectful. being
confrontational, having the wrong attitude. etc. A landlord is not required by law
to rent to tenants that they perceive as a personality dash and unfit to live in
their rental. Furthermore, analyzing a tenant’s full profile and denying that
tenant based on a perceived flaw of character or faulty personality
representation is not discriminatory, It is a financially sound business practice
for many professional landlords.

. Mental Health: If a prospective tenants mental stability does not conform to the
standards established by a landlord for tenancy they are within their legal right
to turn them down and deny them housing. A landlord is not required by law to
rent to tenants that they perceive are mentally unfit to live in their rental.

. Appearance/Personal Hygiene: If a prospective tenant’s personal hygiene
does not conform to the standards established by a landlord for tenancy they
are within their legal right to tum them down and deny them housing. A landlord
is not required by law to rent to tenants that they perceive are trashy and unfit to
live in their rental.

. Standard of Existing Living Conditions: If a prospective tenants existing
living condition does not conform to the standards established by a landlord for
tenancy they are within their legal right to turn them down and deny them
housing. A landlord is not required by law to rent to tenants that they perceive
are unkempt and unfit to live in their rental.

. Illegal Drugs: If a prospective tenant’s behavior or actions indicates suspected
illegal drug use and this does not conform to the standards established by a
landlord for a drug-free tenancy they are within their legal right to turn them
down and deny them housing. A landlord is not required by law to rent to
tenants that they perceive are possible drug addicts and unfit to live in their
rental.

. Standards of Safety: If a prospective tenant’s behavior or actions indicate
suspected violent tendencies and this does not conform to the safety standards
established by the landlord for tenancy. they are within their legal right to deny
them housing. A landlord is not required by law to rent to tenants that they
perceive are violent and unfit to live in their rental.lf you’re a landlord looking for
a quality cash paying or govemment sponsored tenant please contact us so we
can review your predetermined tenant standards & view your rental and see if it
is a right fit for our well screened tenants.

If you’re a landlord looking for a quality cash paying or government sponsored
tenant please contact us so we can review your predetermined tenant
standards & view your rental and see if it is a right fit for our well screened
tenants.

Find Quality Tenants Now
CONTACT RKR

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