Sunday, February 28, 2010

Screening out housing rental applications by last name = discrimination?

My aunt wants to rent out part of her house, but since she barely speaks English, she wants tenants that she can actually communicate with in case any sort of problems arise. I have helped her post on Craigslist and received a lot of replies, but she wants me to screen out and ignore emails from people whose names don't sound remotely Korean. I know that's racial discrimination, but she really couldn't help it? Her son is away in college so she really couldn't communicate with her tenants if they don't speak Korean. What should she (or I help her) do?Screening out housing rental applications by last name = discrimination?
The federal fair housing act (FHA) contains an exemption for owner-occupied residences with four or fewer units. It sounds like your aunt would fall under that exception. The FHA protects against discrimination based on race, color, national origin, gender, religion, familial status, and disability. Your state or municipality may have additional protections.





A couple of things to be careful about:





- The Civil Rights act of 1866 covers all properties (even those exempt under the FHA) and prevents discrimination based on race.





- The FHA's exemption for owner occupied residences does not apply to advertising, so even if you can discriminate in your choice, you can't discriminate in your advertising.





- Some state laws do not include the full FHA exemption (for example, I believe that Illinois only exempts owner occupied properties with two or fewer units).





Additional information:


I just saw the other advice advising you to just request someone who speaks fluent Korean in the ad. I thought about recommending that (after all, she's right that there's nothing RACIAL about what languages you speak). It still might theoretically get you in trouble on the grounds that it could be said discriminate based on national origin or have a disparate impact based on some other protected class. Realistically, I doubt anyone would sue such a small landlord over such an issue, but it's something to consider.Screening out housing rental applications by last name = discrimination?
If she's only renting space within her own home, then it's not true discrimination. Within one's home, one can do as they please (so long as it isn't illegal). If these people will be sharing quarters with her, rather than in a separate part of the house or a different building...than I would think she should do what makes her most comfortable.





If someone comes in who does not speak her fluent language, they could take advantage of her. If you can't communicate with people you are staying with, it could lead to all sorts of issues down the road.
If this is a private home, and she wants only a Korean Speaking renter, then she can state that without being accused of discrimination. (or you can put that in the ad - nobody will drop a suit on you) Its not RACIAL for a person to speak fluent Korean.

No comments:

Post a Comment