Here’s a reliable list of the top 5 things every landlord needs to Remember when screening future tenants, and how to avoid discrimination lawsuits under the Fair Housing Act. When selecting your tenant, keep these in mind.

It is unlawful to discriminate. Federal and state anti-discrimination statutes limit what you can say and do in the tenant rental process. You can’t deny somebody your apartment purely because of their ethnic group. If using a real estate agent to list your rental, you cannot tell them that you will not rent to a particular race. 

Ask for Current Employment information, References, and substantiation of Credit Score. Landlords can easily run a credit check of probable tenants on the internet for a minimal fee. Furthermore, you can and should exclaim the tenant’s references, especially past landlords. You should also confirm an applicant’s employment history, earnings, and bank account information. In case the landlord tenant bond goes sour and you need to hire an eviction new york lawyer, you will need the tenant’s employment information to garnish their income so you can collect back rent.

Be constant in your screening. Make it your policy, for example, to constantly insist on credit reports; don’t just get a credit report for a single mother or people of a specific nationality.

Make decisions based on the fact that you are running a business. You are lawfully free to choose among likely tenants as long as your decisions are based on legitimate industry criteria. Don’t make decisions based on personal reasons. You are permitted to decline applicants with poor credit histories, salary that you realistically view as not enough to pay the rent, or former activities — such as home damage or consistent late rent payments — that makes someone a poor choice. It goes without saying that you could lawfully refuse to rent to someone who can’t come up with the security deposit, who has pets, or who fail to meet some other prerequisite of the tenancy.

Be informed of landlord tenant statutes in your neighborhood. Fair housing laws in particular identify clearly illegal reasons to decline to rent to a tenant. The Federal Fair Housing Act prohibits discrimination on the basis of ethnic group, religious conviction, national origin, gender, age, family status, physical or mental disability (including recovering alcoholics and people with a previous drug habit). Many states and cities also forbid discrimination based on marital status or sexual orientation. In addition, various city laws disallow landlords from collecting rental fees until they have a “legal apartment”, i.e. have a town or county issued certificate authorizing a two family house or an accessory apartment house. A landlord tenant new york attorney can help notify you of the statutes relevant in your neighborhood.

Teach those assisting you to rent so that they understand the rules, too. Any person who deals with prospective tenants should adhere to fair housing statutes. This includes owners, landlords, relatives of landlords, managers and real estate agents, and all of their employees. As the property owner, you may perhaps be held lawfully responsible for your family’s discriminatory statements or behavior, including sexual harassment.

Be consistent. Consistency is fundamental when dealing with prospective tenants. If you don’t act toward all tenants more or less equally — for example, if you subjectively set tougher standards when renting to renters of a racial minority — you are violating federal laws and opening yourself up to lawsuits. And if you give one person a break (such as lowering the security deposit for a unmarried mother but not for other tenants), you’ll likewise risk a charge of discrimination from other tenants.

Desire to learn more? There’s a lot more to finding and selecting high-quality renters. You can get in touch with a ny tenant landlord attorney for a complimentary discussion regarding the laws applicable in your region.

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