I really hope this subject is not too "off-topic", but I'm sure there is someone around here who can help. My wife and I were getting a divorce so I moved into my own apartment. We have reconciled, and now we want her and my 2 children to move in with me. I filled out an app for her, thinking it was just a formality, since I already qualified on my own. They denied her on the basis of "bad credit" - they said she and my children cannot live with me. Can they do this? I thought that when you are married all debts and olbligations are in common: My income is her income, her debts are my debts, etc. I suspect that they are discriminating against me because of our young children, but I need to know if what they are doing is legal first. Can anyone out there shed light on this situation? Thanks, Max
While normally they're allowed to take into account a co-tenant's credit, if you believe they're trying to discriminate against you based on your familial status, then file a complaint with the local housing authority.
Thanks so much for the reply. I understand that they can take the co-tenant's credit into account, in fact this would be advisable in a roomate situation. I just wanted to know if it applied to married couples as well, my wife is a "stay at home" mom and has no income (except of course our household income) - she would never qualify on her own if she were single. My suspicions are based on the fact that since I qualified to rent on my own, there would be no reason for them to deny her on the basis of credit - there must be some other reason... Thanks
Do you otherwise see a pattern of discrimination in effect in your apartment complex? Are there few parents with children, or are there no recent move-ins with children?
Yes, most definitely. There are disproportionately very few children, I hardly ever see any, and it is a large complex. There are a disproportionately large number of seniors as well, although it is not a "seniors-only" complex. Also, they never sent the letter they are required to send when they deny housing due to credit. They use tenant-screening software called "On-Site Manager" and they refuse to show me the report from them stating that even though I qualify to lease if I live alone, I do not qualify if I live with my family. It is all very suspicious.
I don't know what state you are in or what city you are in. You may have to check in with local tenant regulations. For example in California a landlord cannot disallow wife/husband, kids, parents from moving in unless the total number of people would exeed the maximum allowed by low (2 people per bedroom + 1 person) They may however prevent your wife/kids from bieing included in the formal lease so to prevent them from staying in case you move out.
So are they claiming, or does it appear, that the tenant leasing qualification software has built into it discrimination against families, contrary to federal law? That would be a neat class action or AG case, particularly if the parameters used in the scoring model are not normally modified by each software client, or if the package is recommended by a local landlord association or renter screening company. Viewed objectively, is your income level marginal at supporting your rent plus normal monthly living expenses including your family? Would their claim likely appear legitimate to a judge? What does it cost you if you "lose"? When the opponent bluffs, call and raise.
My monthly income amounts to 6.5X the monthly rent, the minimum to qualify is 3X. I spoke with a lawyer, ans he believes that I definitely have a case but cautions that the time and expense probably wouldn't be worth it because I found out that my wife can live with me, she just can't be on the lease. I could go for the $, but I think it would be worth the hassle - my lawyer says that the definition of "retailiation" in these cases is difficult to prove - they could make my life hell by enforcing every minor rule obsessively. Looks like "the man" won this time, but at least I can live with my family...
If there isn't a problem with your wife and family living with you, it would appear the main issue is moot. Pick your battles.
I went through one similar to yours Ex could not get appartment so what to do?? Generally it is money related ok guys what will it take to let her get the apartment.. Oh extra month rent as security will work.. Hell its always money!!
I tried to "bribe" them - no amount of money would work. They are absolutely covered financially, there is no risk to them. I guess they're just @$$holes...
Not to defend them or you or anyone else, but I honestly don't see an issue here. Your wife and kids are allowed to live with you. That's exactly what you were looking for. Your landlord is not willing to renegotiate the lease terms - that's their right. I don't see any discrimination here.
