Can I be involved in tenant selection?
VIDEO: When owners make bad (discriminatory) decisions about applicants, RPM can be held liable.TERMS: Tenant Screening Services Clause 1.1 and 1.2 solely authorizes RPM to make decisions.ARTICLE: TRules for Engaging the Owner in the Approval and Denial Process
Other than choosing whether or not to accept tenants with pets, property owners cannot be involved in the tenant selection process.
To comply with fair housing law (see protected classes list below), we have to implement a standard, non-discriminatory process for tenant placement at all properties under our management. As such, we aren't able to offer property owners a specific choice about which tenant they'd like in their property.
Click here to read more about how we screen tenants.
Protected Classes (as of 6/6/18)
Race;
Color;
National Origin or Ancestry;
Religion;
Sex;
Familial Status (including children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under the age of 18);
Disability;
Sexual Orientation;
Gender Identity and Expression;
Marital Status;
Ancestry;
Breastfeeding and any medical conditions connected to breastfeeding;
Age;
Medical condition (including HIV status);
Victim of domestic violence;
Source of income;
Religious grooming or clothing practices;
Genetic information;
Discrimination based on arbitrary grounds;
Immigration Status or the absence of immigration or citizenship documentation; Citizenship; or
Primary Language.
RPM Leasing Policies
The following are example RPM leasing clauses to be found in management and leasing agreements:
Tenant Screening: The prospective resident may be screened for credit history, criminal and sex offender history, employment, income and rental history and other factors as determined by the Agent. All efforts will be made to screen a prospective resident on their worthiness to lease the property. All applicant screening as well as applicant approval or denial shall be at the sole discretion of the Agent. The Agent does not warrant or guarantee the quality of any renters.
Applicant Selection: In order to minimize legal liability for violations of Fair Housing, Owner authorizes Agent to select most qualified applicant for placement in the property based on Agent’s sole authority and discretion.
Rental/Leasing: Initiate & sign rental agreements and leases for the Property or any part of it; collect and give receipts for rents, other charges, and security deposits. Any lease executed by Agent for Owner shall not exceed one year without Owner’s approval.
Equal housing opportunity: Agent offers the property to the public in compliance with federal, state, and local anti-discrimination laws. It is understood and agreed that this property will be rented without regard to race, creed, religion, sex, age, physical or mental handicap, height or weight, marital status or familial status, color or national origin. The Owner recognizes that the Agent also handles properties for other clients as well as the Agent’s properties and the Owner understands and agrees that the Agent shall submit all available properties including those of the Owner and of the Agent to all prospective tenants who may be interested. Owner acknowledges that they are aware of Federal and Local Fair Housing Laws and understands that agent will act according to their provisions. If Owner should at any time request agent to disregard Fair Housing Laws AND/OR State or Local Landlord/Tenant Laws, this contract may be terminated immediately at Agent’s discretion and the Leasing fees for the balance of this contract or ($500), whichever is greater will be due upon termination.
Please read below to learn about Fair Housing Violations and punitive damages:
What is a fair housing violation?
The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing. The prohibitions specifically cover discrimination because of race, color, national origin, religion, sex, disability and the presence of children.
https://www.hud.gov/program_offices/fair_housing_equal_opp/FHLaws/yourrights
What are punitive damages in fair housing?
Punitive damages are appropriate in a federal civil rights action "when the defendant's conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others." (Nov 19, 2010)
https://fairhousing.foxrothschild.com/.../are-punitive-damages-available-in-a-fair-housin...
What is a civil penalty?
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees.
https://en.wikipedia.org/wiki/Civil_penalty
What is a fair housing tester?
Paid Fair Housing Testers help make sure that people are not denied housing because of their race, color, national origin or ancestry, religion, sex, sexual orientation, disability, family status (living with minor children), or because they are receiving public assistance.
https://ptla.org/become-fair-housing-tester
Can a landlord refuse to rent to someone?
Some Landlords may not want to rent to families with young children because they believe the children will cause damage to the property, annoy other tenants or otherwise be a nuisance. However, it is illegal for a Landlord to refuse to rent to someone with children. (Sep 17, 2013)
https://www.rentprep.com/landlord-tips/landlords-refuse-rent-families-children/
HUD Increases Civil Penalty Amounts for Fair Housing Violations
June 16, 2016 by Jeff Dillman Leave a Comment
On June 15, 2016, the U.S. Department of Housing and Urban Development (HUD) published new inflation-adjusted civil penalty amounts for individuals or entities that have been found to have violated a variety of different housing-related laws, including the federal Fair Housing Act. The new civil penalty amounts will apply to violations of the Fair Housing Act that occur on or after August 16, 2016.
Under these revised amounts, someone can be assessed a maximum civil penalty of $19,787 for his or her first violation of the Fair Housing Act. Respondents who had violated the Fair Housing Act in the previous 5 years could be fined a maximum of $49,467, and respondents who had violated the Act two or more times in the previous 7 years could be fined a maximum of $98,935.
These civil penalty amounts are in addition to actual damages and attorney’s fees and costs that may be awarded to someone who has experienced housing discrimination.
Prior to this adjustment, the penalty amounts were $16,000 for a first violation, $42,000 for a second violation, and $70,000 for a third violation.
Click here to view the Federal Register announcement of the new civil penalty limits.