We are about to undertake a search for a new tenant for our rental unit. I am pretty sure I remember the laws but, can I express a preference for a single woman? A woman? A single man? We would charge different rent if a couple were to take the place…. and honestly, I would rather have a female tenant. I will check the laws before I post an ad, but just looking for feedback from my peers….


Comments

  1. I have only a vague memory of reading the NOLO book, but I’m pretty sure it’s legal to limit the number of people you want to live in the space… so if you want only one, that should be fine (though you can’t specify gender, race, age, etc.).

  2. Is it just me, or are women preferable to men in just about every circumstance?

    (not making a statement about my orientation, just reflecting on the fact that this week I have read articles or heard TV/radio stories about women being better college students, employees, construction workers in particular… and now tenants!)

    Sorry about the tangent, I couldn’t help myself.

  3. Instead of trying to get a single woman and not a couple, think this through. Why? As the above posters have said, certain discriminatory practices are illegal. Certain ones aren’t. I practice discriminatory practices all the time – I discriminate against people who don’t pay their bills or who are anti-social, criminal or who have no job or visible means of support.

    Focus on getting a good person(s) and he/she/they might come in a package you didn’t quite expect.

    Good luck.

  4. Unlawful practices of Fair Housing in the five boroughs of New York City include: refusing to sell or rent housing; misrepresenting the availability of housing; setting different terms, conditions or priveleges for the sale or rental of housing; providing different housing services or facilities; posting discriminatory advertising or marketing that indicates a preference, limitation, or discrimination based on a protected class; for example, ads that say “no children” or “married couples only” would be discriminatory; refusing to provide a reasonable accomodation for a person with a disability; steering a potential homebuyer or renter to–or away from–an area on the basis of race or national origin; pressuring, for profit, homeowners to sell by exploiting ethnic, racial or other demographic changes (blockbusting); and threatening, coercing or intimidating individuals because they exercise their Fair Housing rights or assist others in doing so. The Human Rights Law also prohibits discriminatory lending by banks, mortgage brokers and other lenders.

    http://www.nyc.gov/html/cchr/html/fairbook.html

  5. Aside from being a pretty dumb approach, it’s also wrong. I’m all for getting a good tenant, but I don’t think gender and marital status are particularly good indicators. And what’s the bias against couples based on? 7 more showers a week? Jesus.

    Me, I’d go with good credit and track record of paying rent on time. That approach also has the benefit of being legal.

    On a more practical note, I like having a couple as tenants. More people around the house just in case of problems.

    Usually I sign off by wishing people good luck. In your case OP, I won’t bother.

  6. Another thing I gleaned in my research: using a broker may make you non-exempt from the law; I don’t understand the details.

    To be clear, I wouldn’t discriminate in this way, and I’m not encouraging it: just explaining my understanding of the law.

  7. I am not a lawyer, and you should not take this as legal advice, just my understanding.

    Owner-occupied buildings with four units or less are exempted from the Fair Housing act, but you still can not express a preference, either in advertising or in person. See, for example: http://library.findlaw.com/1999/Oct/1/129452.html . My understanding of this is that it’s OK to discriminate against a protected class if you are exempted, but you cannot tell potential renters about it. One of the more stupid laws I’m aware of.