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Tenant screening services
Q: I have noticed that
some apartments are using a screening service to choose applicants. What do they look for in a tenant? How does it determine who gets in and who
does not? If a landlord runs this type
of check on me and finds that I was evicted from a property a year ago, but I
have paid all the fees and have been renting a place with no problems since
then will I stand a chance of getting into that property?
Michael
Raleigh, NC
A: Ahhh yes, . . . the tenant screening services. It sounds so secure and peaceful. But, is it actually just the sinister
further encroachment of technology into our lives? (Oops! I forgot. I’m writing a column that’s only available
on the web.)
Actually, tenant
screening services are comparable extensions of credit
scoring that the home mortgage industry has used successfully for
years. Companies like this perform a
magical mathematical analysis from information you provide, such as your
pre-tax income, zip code, monthly rent, deposit amount, and from information it
compiles about you from your credit report and other sources, such as court
records.
Typically, these
companies recommend that the landlord accept or decline a potential tenant
within 30 seconds. So, if you apply at
a rental community using such a service, you should know before you leave if
they’ll approve you. No more waiting
for several days while the landlord conducts a credit and background check.
This screening
system also uses purely objective factors to determine whether an applicant
will make a good tenant. In other
words, these companies do not care whether you’re African-American, Hispanic or
Martian, or whether you have two scruffy kids or an old beater car. If used properly by property managers, they
should reduce the subtle subconscious discrimination that some potential
renters suffer.
As for how any
tenant screening service will evaluate your situation--who knows? I’m sure that their formulas are as closely
guarded as the formula for Coke (old Coke, not that icky new Coke). It will likely look at your eviction as a
negative but your payment as a positive.
It will probably take into account how long ago it happened too.
You should check
your credit report. If the eviction
judgment is on your credit report, make sure it accurately states that you’ve
paid the judgment. That should help you
out. |
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Pet policies and the disabled
Q: My daughter’s doctor has recommended that she
get a dog as part of her therapy for some problems and disabilities she that
have been recently diagnosed. My rental
contract does not permit pets. There
are 3 separate complexes with 12 units each and all but 3 to 5 units have cats
despite the no pet provision. How is it
fair that the landlord lets the cat owners violate their rental contract but
won't let my daughter have a poodle for her medical condition? I have been here for a year now. I’m a single mom who has worked very hard at
making our living arrangement a secure one for my kids this last year. It would be detrimental to my daughter to
relocate. Can the property manager deny
her proper medical treatment for her disability?
Jennifer
Fortuna, CA
A: Congratulations on selecting a dog for your
daughter’s therapy. (Cat owners: Note that the doctor did not recommend a
cat. Also note that guide cats, service
cats, and helper cats for the disabled don’t exist. Hmmm . . . .) I am just expressing my personal biases, though.
Federal housing law requires that a landlord
make reasonable accommodation for a person’s disability at the landlord’s
expense. A disability consists of “a
physical or mental impairment that substantially limits one or more major life
activities.” Does your daughter’s
problem qualify as a disability under this definition?
If so, the landlord should accommodate your
request to allow a dog. Ask your doctor
to write a letter to the property manager that verifies the presence of the
disability. The letter should also
verify that the requested accommodation, the dog, fits within the needs of your
daughter’s disability.
With this letter, politely remind the
property manager that federal housing laws require her to make reasonable
accommodation. The law is very clear
that service animals such as guide dogs are permitted as a reasonable
accommodation despite an owner’s no pet policy. Therapeutic animals should be treated similarly so long as your
daughter’s condition qualifies as a disability.
By the way, the owners must accommodate your
daughter at their expense. In other
words, the owners cannot require that you pay an extra pet deposit for having
the dog.
If the property manager still doesn’t
consent, let her know you intend to get the dog anyway. But beware that the manager may attempt to
evict you. If you’ve done your
homework, however, this is a fight you should win if you’re willing to take it
on. I hope it doesn’t come to that,
though. |
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About Phil Rhodes
Phil Rhodes is an experienced commercial credit attorney in Northern California with his own practice, emphasizing bankruptcy, real estate finance, and other consumer and small business credit issues. Phil is also a happy renter, now on his sixth successful landlord-tenant relationship. |
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Disclaimer
Information provided by Phil or Greg should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation.
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