Lawsuit (by Ken McCoy [WI]) Aug 16, 2011 10:34 AM|
Lawsuit (by Reid [KS]) Aug 16, 2011 10:45 AM
Lawsuit (by BRAD 20,000 [IN]) Aug 16, 2011 10:49 AM
Lawsuit (by Ellie [IL]) Aug 16, 2011 10:52 AM
Lawsuit (by Mike45 [NV]) Aug 16, 2011 11:22 AM
Lawsuit (by Reid [KS]) Aug 16, 2011 11:47 AM
Lawsuit (by Dale [KY]) Aug 16, 2011 12:09 PM
Lawsuit (by Ellie [IL]) Aug 16, 2011 1:28 PM
Lawsuit (by Pattyk [MO]) Aug 16, 2011 2:14 PM
Lawsuit (by Mike45 [NV]) Aug 16, 2011 7:23 PM
Lawsuit (by allin [VA]) Aug 17, 2011 8:54 AM
Lawsuit (by Virden [OH]) Aug 17, 2011 2:49 PM
Lawsuit (by Mike45 [NV]) Aug 17, 2011 4:07 PM
Lawsuit (by Ken McCoy [WI]) Posted on: Aug 16, 2011 10:34 AM
State Specific Question About: WISCONSIN (WI)
I have been accused of discrimination against a potential tenant.
The person indicated their previous landlord was a slumlord and they lived in Milwaukee and my property is in Green Bay.
Is there any help available? --24.123.xx.xxx
Lawsuit (by Reid [KS]) Posted on: Aug 16, 2011 10:45 AM
The truth will be the biggest help , this is assuming you didn't discriminate. Get your information all in order and wait and see if you actually get served . Then take everything to your attorney. There are people who make a habit of threatening to sue people . --108.92.xx.xxx
Lawsuit (by BRAD 20,000 [IN]) Posted on: Aug 16, 2011 10:49 AM
Do NOT say a word to anyone, not even here, except to YOUR atty.
Do not not answer the phone to talk to prospects and turn off your answering machine.
The govt has employees paid to appear as regular prospects and monitor what you say and do.
Talk to an atty (Pre-Paid legal is a great place to start) and make certain your current advertising, answering machine, etc is compliant with federal law.
Best of luck.
Lawsuit (by Ellie [IL]) Posted on: Aug 16, 2011 10:52 AM
Make sure your selection criteria is written and that there was a good reason the tenant did not pass --208.94.xxx.xxx
Lawsuit (by Mike45 [NV]) Posted on: Aug 16, 2011 11:22 AM
"Is there any help?" If you mean free legal services, probably not.
Have you been accused of discrimination in an actual lawsuit filed against you, or is it just noise? And if so, is the noise from the applicants or from an atty or from a govt agency? In other words, how serious is this and at what stage?
If your real name is Ken McCoy, you need to walk away from this thread immediately. Brad is correct, don't say anything that can turn around and bite you in the butt.
If your real name is something other than Ken McCoy, your words on here are not likely to be traced back to you, and you might be able to discuss the problem on-line. Especially if you are using an internet connection that is not easily traced to you -- like if you are using your laptop at your local Starbucks.
What are you accused of doing? Did you use a perjorative racial term to them? Did you deny the prospects before they applied? Did you refuse to give them an application? Did you tell them "Don't bother, I don't rent to ___[mixed race couples]_____." Did they apply and get turned down based on objective criteria? Did you turn them down based on subjective criteria, not liking something about them (possibly including their disparagement of their present LL)?
Do you have other tenants of the same racial/ national origin/ religous/ gender/ sexual orientation/ etc. background? I think that is one of my strongest defenses against a false accusation of discrimination. I rent to whites, blacks, Asians, Mexicans, Catholics, Protestants, Mormons, Muslims. I'd even rent to Cheeseheads!!! [Just joking, I really wouldn't rent to Cheeseheads.]
You need to focus on the specific accusation, and prepare to deal with it. Preferably, by showing that any denial was based on your objective criteria, which, hopefully, are written down somewhere and which are applied across the board to every applicant.
But if your handle is your real name, stop and become anonomous. Everything you say can and will be used against you!
Lawsuit (by Reid [KS]) Posted on: Aug 16, 2011 11:47 AM
This raises some questions , I know that you can't discriminate according to Age, sex, religion, national origin, or race. However can you say that the family Name , say the "hatfields" are known trouble makers in these parts and you just won't rent to any of them ?? Or could a person reject a applicant according to political party ? Not that I would because I'm so desperate to get these places rented I can't think of anyone I wouldn't at least consider renting to (LOL) --108.92.xx.xxx
Lawsuit (by Dale [KY]) Posted on: Aug 16, 2011 12:09 PM
If Ken McCoy didn't rent to the Hatfields and put that in his written criteria, then it should be ok. Hatfields aren't one of the protected classes. He just couldn't rent to any Hatfields and be consistent about it. --199.61.xx.xxx
Lawsuit (by Ellie [IL]) Posted on: Aug 16, 2011 1:28 PM
Main thing is to have written criteria and apply it evenly. My criteria is 6 pages long with a point system.
Lawsuit (by Pattyk [MO]) Posted on: Aug 16, 2011 2:14 PM
What I recall is I was turned down because my previous landlord was a slumlord and I lived in Milwaukee and your property is in Green Bay. So it happened to me too... i didn't sue anyone, I just went on my way. :) --174.158.x.xx
Lawsuit (by Mike45 [NV]) Posted on: Aug 16, 2011 7:23 PM
Wait a minute, did the Hatfield-McCoy fued spread to WI?
I don't think a McCoy would need to put in his written criteria that he don't rent to Hatfields. That is just plain understood!
Lawsuit (by allin [VA]) Posted on: Aug 17, 2011 8:54 AM
If so and so is a known trouble maker then that would be found by a background check. Were they evicted? How were prior landlord references? These are the items that are written in the criteria. --146.165.xx.xx
Lawsuit (by Virden [OH]) Posted on: Aug 17, 2011 2:49 PM
I think the Hatfield legend may have gone north to WI by way of maiden names, this is why I ask for all maiden names on my application. --76.241.xxx.xx
Lawsuit (by Mike45 [NV]) Posted on: Aug 17, 2011 4:07 PM
@Viren: "Maiden names"??? What a quaint concept. You mean your tenants are actually married? And to each other??
I'm thinking of revising my Application Form, to add spaces for "Baby Mommas' Nmaes" and "Baby Daddys' Names" Maybe a space for "Gang Affiliation" but that might be getting into improper racial questions.