1/16 If I own a condon/town house/house/etc. in SJ and I want to rent out
one or of the rooms, i.e. "share" my place, can I discriminate? Can I
refuse to rent the rooms to males/females, singles/married/etc.,
gays/straights/bi/etc., smokers, drinkers, partiers, nerds, etc.? Is
this legal since I am "sharing" the place with them?
\_ I'm pretty sure I've never been in a rented apartment outside of
student housing where there wasn't *some* form of discrimination.
I have no idea what the legality of that is, but if you were to
decide not to discriminate on the basis of gender, age, and
marital status, you would be in a *very* small minority of landlords.
And what about all those apartment ads that are in Chinese only?
I've always wondered what would happen if a white guy were to call
one of those up and ask to see the place.
\-i think if you are a landlord as a business, you really do have
a lot of obligations. for example, i have had bldg managment
people could tell me "i am not allowed to answer your question
whether there are a lot of childrent in the bldg" ... they were
clearly sympathetic to the inquiry but said thier hands were
tied. so what they ask explicitly is constrained ... i dunno
how strong the presumptions are in this area and dunno what
actually ends up happening.
\_ Your naivete is almost touching.
\_ There are of course ways of doing an end-run around some of
these restrictions. A common anti-children one is setting a
maximum occupancy. For "no young adults" there's a credit
check, large deposit, and a minimum income figure.
\- well i am not sure what would happen if you advertised "blacks and
jews need not apply" ... if anything you'ld probably be asking
for "extra-judicial remedies", but i do think in a case like this
you can for all practical purposes pick anybody you want. if you
have a poker game or movie night or book club at your house, nobody
can force you to integrate something like that. if your book club
meets at the public library, it may be another matter. while
"state action" doesnt mean "wholly run by the govt" and the trigger
may be as small as something like admitting a student with a pell
grant or applying for a liquor lic, it still doesnt apply to who
you invite to your house. it may be an interesting first amd case
to see if you could be liable for some kind of group defamation
of you took out an ad for something like "hong kong businessmen
in vancouver are dirty cheats." /
is this psb? - psb's last fan ---/
\_ As it's a rental, I'm pretty sure non-discrimination law applies.
As a practical matter, you can rent to whoever you want and nobody
has any recourse. Where you'd get in trouble is if you put
"no <protected class> need apply", or if you had many, many rentals
and consistantly excluded some group. It's illegal to decide to
say not rent to gays or something, but you could always say "person
X was the best fit".
\_ The Federal Fair Housing Act 48 USC Sec 3606 (b)(2) probably
applies to you and exempts you from the anti-discrimination
requirement ("rooms ... in dwellings containing living quarters
occupied by no more than 4 families living independently of
each other, if the owner maintains and occupies one such living
quarters as his residence").
While it is okay to say M (or F) only and non-smoker/drinker/
partier (b/c of the noise) you probably shouldn't say no gay
or married need apply.
\_ More importantly, can you advertise that you are only looking for
hot single asian female roommates? My...um...friend wants to know.
\_ Why do you only want hot asians? Are you broken? Hot black
chicks are just as hot, and so are hot white chicks, and hot
Latinas, and hot Indians. I love them all. I will go look at
my multiracial porn now.
\_ Single/Female is probably okay. Maybe even asian. Hot is not.
Even if it were, if your friend expects to get some action
from his tenant, he is walking into a legal mine-field. Unless
he wants to defend against all sorts of harassment claims (and
possible criminal charges) if things go badly, advise him
against picking tenants b/c they are hot. |