Apartment Lease question

Discussion in 'Credit Talk' started by lakpr, Feb 24, 2003.

  1. lakpr

    lakpr Well-Known Member

    Hi Folks,

    This is not related to credit issues, but wondering if people can chip in with their opinions.

    My friend, who came to US on a work visa three weeks ago, have been trying to find an apartment, with so far no luck. However, today he went to an apartment complex, who does have a 1 BR apartment (only one vacant), but refuses to lease to my friend. The reason given? "Lessee must be an employee of a New Jersey based employer for at least one year".

    Is this legal? Isn't this equivalent to "erecting unreasonable barriers" ?

    My friend's employer IS based in New Jersey, but as I said, he came to US only 3-weeks back. My friend is going look at other apartment complexes, but his situation got me curious and hence this posting.

    My friend is a little dark in complexion, and he thinks that the attitude of the manager lady was suspicious from the moment he walked into the office to enquire about the apartments. He cannot substantiate this, but only a gut-feeling that he had.

    Your thoughts please.

    -- lakpr
    :)
     
  2. smontoya5

    smontoya5 Well-Known Member

    Most landlords DO like to see one year of continuous employment before they'll consider renting to you.

    But, the apartment mgr could have been lying to your friend.

    I live near Chicago. Good apartments in decent neighborhoods go fast around here. There has been accusations in the past of certain leasing companies/ apt complexes discriminating against minorities before.

    Can't remember which gov't agency this sort of thing falls under (HUD, EEOC??) but after getting a report of possible discrimination, they would send in 3 other people to the complex. One white, one of the same race/sex as the person making the allegations and one of the same race/opposite sex. If the white person was offered a better deal or easier ease terms- a full blown investigation would begin.
     
  3. lakpr

    lakpr Well-Known Member

    smontoya5,

    Thanks for your response. I do understand that apartment complexes like to see one year of employment history. But isn't specifying that such employer should be based in New Jersey alone, an aritificial barrier? What if another person who in US legally for 2 years but in another state were to apply? In spite of having good credit history, can he be denied?

    Purely theoretical question, of course. I will understand if I get no response.

    -- lakpr
    :)
     
  4. smontoya5

    smontoya5 Well-Known Member

    From my VERY limited understanding of what would constitute discrimination, requiring an applicant to have one year of continuous employment with a NJ based employer could not be construed as such.

    The reason being as long as a apt mgr does not discriminate against a person on the basis of race, color, sex, religion, creed, etc. they're within their rights.

    Students, for example, are often forced to pay triple the amount of a security deposit than a "working" tenant. Why? Because the apt mgmt feels that they are a higher risk.

    I would still check with your state's housing board and see what they say.
     
  5. sam

    sam Well-Known Member

    You could offer 1 months full rent in deposit if the person has no credit. Reasonably, the amount of time it takes to evict someone counting from day 1 to day XX (eviction day) plus cleanup, is what I'd want from someone without a credit history and rental history. The likelihood of the person skipping out with such a large vested interest or trashing the place would be lessor.

    My apartment complex is simple. There's sign that says "ANYTHING LESS THAN 575 = AUTO DENY, PERIOD END OF STORY".

    lol
     
  6. BlueRidge

    BlueRidge Well-Known Member

    As long as the apt. complex is applying this rule consistently to everyong then they have every right to do so...you CAN discriminate all you want as along as the discrimination is not related to a restricted basis (race, color, sex, religion, national original, familial status, and handicap). These are the federal categories and NJ may create additional protected classes. You could check with NJ HUD (or its equivalent) and ask about fair housing laws.

    If your friend can prove that this rule was only a pretext to discriminate against him for his foreign origin (which he can do if he can prove that this rule is not applied to others).

    Economically speaking, that rule is perfectly reasonably...my rule is a somewhat flexible six months on the job.

    Your friend may need someone to co-sign the application for him. That should be enough for the apt. complex.

    FWIW, I am a landlord in NC.
     
  7. lakpr

    lakpr Well-Known Member

    Hi all,

    Thanks for all your opinions.

    My friend found an apartment today in a different complex, with a few miles longer commute than he originally planned for.

    I peeked at the NJ Fair Housing Act, but it seems to largely revolve around the "Mount Laurel decision", and nothing to do with my question above.

    http://www.state.nj.us/dca/coah/fha.htm

    Once again, thanks for the input.
     

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