Hi,

This is my first post to this site. I have been in the landlord business a really long time. Most of my units are houses, but I have an 8 unit, a condo and a few duplexes in Utah.

You cannot discriminate against anyone based on national origin. "I don't want the hassle of reporting stuff" is not relevant. There are a lot of hassles I would like to avoid, but the law says I must do X, so I do X.

For future reference:

7 Protected Classes

Race.

Color.

Religion.

Sex.

National Origin.

Disability (added in 1988)

So, just to note it in case it helps... Most definitions of "foreign nationals" when it comes to the government basically means "anyone who is not a 'U.S. person'". However, "U.S. Person" isn't always what you think. It generally includes the following when it comes to defining "foreign nationals":

- U.S. citizen

- Lawful permanent resident (green card holder)

- "Protected Person" (political asylum holder)

So, if they are on a TEMPORARY VISA, then they are a foreign national. However, if they have a green card and are here with "permanent resident status", then they are usually NOT considered a foreign national.

You said that this couple was "granted permanent resident status." From what I understand, that means that they are NOT considered foreign nationals.

- John...

Also, if you have a clause that does not permit long-term visitors -- and these people admit that they plan to have long-term visitors -- then isn't that reason to deny anyhow regardless of status if they don't want them?

- John...

Ahhh, so Applicants turned in an application, and it was discovered at lease-signing that they weren't citizens? So he backed out of lease-signing because he didn't want to report earning rent-money from foreign nationals?

Fair Housing protects "national origin". And you need to screen everyone the same... you can't have a batch of special questions to ask people from India and Pakistan, if you don't ask the same questions of people from Egypt and Qatar.

You can turn someone down because they don't have five years' positive rental history, as long as you're making sure all of your tenants have five years' rental history. But you can't say, "Sorry, you're not a citizen, and it would be a lot of paperwork if I rented to you." However, if he's already told them, "Uh, I hadn't realized y'all were foreign nationals; that is going to be such a headache for me; I don't think we can do this," he's probably going to be on thin ground if he suddenly rejects them on some randomly generated piece of screening criteria.

I'd stay out of their business.

Cause no harm.

I would refund their screening cost and reject based on that they can't live there based on the terms of the lease -- clause #number here... vistors.

If this is their only rental they are exempt from fair housing regulations:

The applicants, if they have not been naturalized in the US, are foreign nationals.

Based on my own former high-level clearance, and that of my son-in-law's current clearance (even higher level), it is not a problem for your SIL. But he HAS TO disclose.

Having business dealings with a foreign national is NOT a basis for refusing to grant a clearance. But it is the beginning of an investigatory trail that could lead to suspicion depending on the circumstances. But it is ONLY a trailhead that won't lead anywhere if it does not lead to facts that are genuinely a basis for clearance denial. But SIL HAS TO disclose, and that is not a big hassle.

My SIL has to constantly update his handler on the activities of my wife's family back in the old country (I don't have anyone left alive) some of whom are still involved with the military. But it involves nothing more than minimal paperwork.

LisaFL: Not if they are in Utah like the original poster is. Utah's state law only mirrors the Mrs. Murphy's exemption (where they have to live in the building). It does not appear to mirror the "three SFHs or less" part. Therefore, from my quick research, in Utah, they would not be exempt.

- John...

Moshe is correct. My piece before (about permanent resident status) is based on an exception for political contributions and exports. For those, they actually do NOT include green card holders as "foreign nationals."

But, Homeland Security -- and the DoE -- specifically DO include them as foreign nationals.

So, disregard my earlier statement.

- John...

John,

I looked at the Utah code:

Index Utah Code

Title 57 Real Estate

Chapter 21 Utah Fair Housing Act

Section 3 Exemptions -- Sale by private individuals -- Nonprofit organizations -- Noncommercial transactions. (Effective 5/12/2015)

It provides the same examptions as federal law.

Reject for long term visitors. They've already told you they intend to move in numerous unauthorized unapproved roommates. The house will be a hotel.

LisaFL: Sorry, you are correct. When I searched earlier, I somehow jumped down to 57-21-3(3) and missed 57-21-3(1). Not sure how I did it.

Man, I screwed up twice in this thread! Not having a good day, I guess. Sorry, all.

- John...

You didn't say where the applicants are from but your son in law's job is way more important than these people getting your unit. If they are from a certain area, having relatives come in can endanger your son in law's job.