Author Topic: TIC woes  (Read 2995 times)

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Offline spootieho

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Re: TIC woes
« Reply #15 on: July 12, 2017, 12:24:12 AM »
Would you really blame the landlord for say picking a single tenant who is a consultant and travels 75% of the time vs. a family with young kids?  Both have similar credit / income levels?
I would certainly understand his reasoning, but it's illegal if that's the case.  When I am the victim, I will raise hell.  The tenant at this point is paying out of pocket and hoping that the landlord is going to act in good faith.

What is F'd up is forcing people to pay for multiple credit checks if you aren't going to approve them on good results.  That said, I don't want an inconsiderate asshole landlord so maybe it's for the best.
« Last Edit: July 12, 2017, 12:31:02 AM by spootieho »

Offline peppy

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Re: TIC woes
« Reply #16 on: July 12, 2017, 10:22:38 AM »
Would you really blame the landlord for say picking a single tenant who is a consultant and travels 75% of the time vs. a family with young kids?  Both have similar credit / income levels?

Family status is a protected class.

Right, but how will you ever know why he went with the other tenant.  Maybe the guy was wearing Nike's and the owner is a big fan of Nike shoes.  Isn't that a legal reason?

The burden is on the landlord to show that it was not due to discrimination against a protected class. Good luck trying to argue in front of a judge that shoe preference was the determining factor. This is not how any of this works.





Offline woodburyowner

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Re: TIC woes
« Reply #17 on: July 12, 2017, 11:16:36 AM »
Would you really blame the landlord for say picking a single tenant who is a consultant and travels 75% of the time vs. a family with young kids?  Both have similar credit / income levels?

Family status is a protected class.

Right, but how will you ever know why he went with the other tenant.  Maybe the guy was wearing Nike's and the owner is a big fan of Nike shoes.  Isn't that a legal reason?

The burden is on the landlord to show that it was not due to discrimination against a protected class. Good luck trying to argue in front of a judge that shoe preference was the determining factor. This is not how any of this works.

You would first need to bring a lawsuit against the owner for discrimination.  There will be a number of legal reasons he can say why he picked one tenant over another (Irvine is a hot market and he will get multiple applications).  Like I said, unless it is blatantly obvious that there was clear discrimination (there would probably need to be multiple instances), you will get no where. 

Offline woodburyowner

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Re: TIC woes
« Reply #18 on: July 12, 2017, 11:22:20 AM »
Would you really blame the landlord for say picking a single tenant who is a consultant and travels 75% of the time vs. a family with young kids?  Both have similar credit / income levels?
I would certainly understand his reasoning, but it's illegal if that's the case.  When I am the victim, I will raise hell.  The tenant at this point is paying out of pocket and hoping that the landlord is going to act in good faith.

What is F'd up is forcing people to pay for multiple credit checks if you aren't going to approve them on good results.  That said, I don't want an inconsiderate asshole landlord so maybe it's for the best.

How will a landlord know the results if you don't provide them?  The landlord needs to treat all prospective applicants the same way which includes filling out the application and credit check.  If you don't want to pay the fee for a credit check, don't apply for the rental.  Simple as that.

As a landlord, I've accepted copies of credit reports to help the prospective tenant out, but I know this wasn't that smart thing to do in case it was forged.  I even spent hours researching online what the cheapest credit check company is and looked for ways to get discounts on the service.

Offline peppy

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Re: TIC woes
« Reply #19 on: July 12, 2017, 02:26:59 PM »
Would you really blame the landlord for say picking a single tenant who is a consultant and travels 75% of the time vs. a family with young kids?  Both have similar credit / income levels?

Family status is a protected class.

Right, but how will you ever know why he went with the other tenant.  Maybe the guy was wearing Nike's and the owner is a big fan of Nike shoes.  Isn't that a legal reason?

The burden is on the landlord to show that it was not due to discrimination against a protected class. Good luck trying to argue in front of a judge that shoe preference was the determining factor. This is not how any of this works.

You would first need to bring a lawsuit against the owner for discrimination.  There will be a number of legal reasons he can say why he picked one tenant over another (Irvine is a hot market and he will get multiple applications).  Like I said, unless it is blatantly obvious that there was clear discrimination (there would probably need to be multiple instances), you will get no where.

A complaint with HUD would be enough. No need to go for a civil lawsuit although that can also be done. Landlord would have to show his documented selection protocol. The amateur landlord would mostly come up empty handed with that request. Keep in mind that reasonable cause is enough. Chances are it would end up in conciliation rather than all the way to court at this point. Most discrimination actually ends up not getting reported and there is not a lot of incentive for a law firm to get into this (unless it's in larger rental complexes where they can suit for a boatload).

Certain localities, fair housing group or groups representing tenants will actually hire people to apply for rentals and use that data to pursue any discrimination charges that they encounter. However, this is mostly a priority in low income areas where there is a much higher incidence of housing discrimination. Back when I was living in the South Bay I remember reading about such an effort in San Pedro.





Offline woodburyowner

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Re: TIC woes
« Reply #20 on: July 12, 2017, 03:51:29 PM »
A complaint with HUD would be enough. No need to go for a civil lawsuit although that can also be done. Landlord would have to show his documented selection protocol. The amateur landlord would mostly come up empty handed with that request. Keep in mind that reasonable cause is enough. Chances are it would end up in conciliation rather than all the way to court at this point. Most discrimination actually ends up not getting reported and there is not a lot of incentive for a law firm to get into this (unless it's in larger rental complexes where they can suit for a boatload).

From what you are saying anyone can just submit a complaint to HUD to every landlord that denies an application and write that it was due to discrimination?  Then HUD will conduct a full investigation and go after the landlord because he didn't have all his selection protocol documented?  This seems like a pretty far stretch for a private landlord.

Offline spootieho

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Re: TIC woes
« Reply #21 on: July 13, 2017, 12:09:28 AM »
How will a landlord know the results if you don't provide them?  The landlord needs to treat all prospective applicants the same way which includes filling out the application and credit check.
 
Sure, but IMO they shouldn't ask for payment for the credit check if they are going to reject the tenant regardless of the result.  They can do what they want but it's evil, IMO. 

If you don't want to pay the fee for a credit check, don't apply for the rental.  Simple as that.
It's not so simple when you have to move somewhere and can't buy.  After you've paid for 6 credit checks (3x2), it starts to get pretty expensive.

As a landlord, I've accepted copies of credit reports to help the prospective tenant out, but I know this wasn't that smart thing to do in case it was forged.  I even spent hours researching online what the cheapest credit check company is and looked for ways to get discounts on the service.
That's acceptable and accommodating.  In fact I eventually did that when I was a renter to avoid paying all those fees.

Offline nosuchreality

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Re: TIC woes
« Reply #22 on: July 13, 2017, 05:59:32 AM »
Would you really blame the landlord for say picking a single tenant who is a consultant and travels 75% of the time vs. a family with young kids?  Both have similar credit / income levels?
I would certainly understand his reasoning, but it's illegal if that's the case.  When I am the victim, I will raise hell.  The tenant at this point is paying out of pocket and hoping that the landlord is going to act in good faith.

What is F'd up is forcing people to pay for multiple credit checks if you aren't going to approve them on good results.  That said, I don't want an inconsiderate asshole landlord so maybe it's for the best.

Wait, Landlord's prefer traveling consultants over families with kids?  I must be doing this wrong, buying 3 bedrooms in good schools and thinking families with young kids stay for years...

Offline Compressed-Village

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Re: TIC woes
« Reply #23 on: July 13, 2017, 08:37:35 AM »
Some landlords prefer not having young kids family for fears that kids would do more wears and tears on the property. I've found that most of the fixes from kids were cosmetic fixes. Family with young kids will want better schools and once they like a place and the kids do well in school, they tend to stay for awhile. Stability is important for landlords as well as good tenants.

I choose good family over single renters.

Offline peppy

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Re: TIC woes
« Reply #24 on: July 13, 2017, 09:37:43 AM »
Some landlords prefer not having young kids family for fears that kids would do more wears and tears on the property. I've found that most of the fixes from kids were cosmetic fixes. Family with young kids will want better schools and once they like a place and the kids do well in school, they tend to stay for awhile. Stability is important for landlords as well as good tenants.

I choose good family over single renters.

These are not overlapping categories. What single renter gets a multi bedroom property that is better suited for a family? If anything, your choice is a family vs. multiple adults (most likely college aged). 

 

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