Some of us like to make a personal visit to a qualified prospective tenant's current home prior to move-in so we can check out their housekeeping. With all the fair housing rules preventing discrimination against so many (real or imagined) conditions, I wonder if this one is legal/allowable:

If you see a roach, or poor housekeeping, is that a legal criterion for denial of tenancy? Can you, or would you verbalize it as a reason for denial?

"do you tell them if they di not pass the smell test?

NJ has not yet made poor housekeeping a protected class.

Why do you have to tell them anything at all?

"You have not qualified for the unit"...isn't tat good enough, or are we talking about an area where the gov't is in your bidnez?

Find another reason.

Nope. My state does not require me to give a reason to deny. I have had my list of criteria approved by a fair housing employee who spoke at a landlord training class.

When a possible applicant is ready to turn over their application but does not have all of their supporting documents with them (Like pay stubs, bank statements, tax return showing additional income), they often say, "I'll be right back I'm going home to retrieve them". I say let me meet you at your apartment, "INSIDE", so I can confirm other issues.

THEY ALWAYS ASK, LIKE WHAT?

I then state, Your application lists:

a) You are a NON-SMOKER

b) You have NO PETS

c) You need a larger apartment!

So I want to see if there's signs of smoking in your current apartment. You say you have no pets but I want to see if animals are living with you. And I want to confirm that the reason you need more space isn't because you are a pack-rat looking to dump some garbage in my building.

After my short rant, the renter decides not to rent my apartment for some unknown reason.

Sometimes you can tell from outside what you are getting. Drive by and see how nasty the outside is. I knew with one applicant that there was a problem and I would need to pay a home visit. But then someone told me a greater problem than what I was picking up on. The son smuggled cigarettes. What I was picking up on was an unusual pet and I suspected pit bull but it was a parrot. I kept asking the referring tenant if the prospective tenant had an additional dog to the one they admitted to and the tenant kept saying "She has only one dog." but of course not telling me about the parrot. Then the son told me he drives to other states to get cigarettes and I knew he was not driving hours for just a few cartons for his mom. They promised to "smoke outside'. They never do.

I also don't give reasons.

"Thank you for applying. Unfortunately, you do not meet our criteria for renting at this time. For more information, please send a self-addressed, stamped envelope to PO Box 123 My Town, 55555. Allow 6-8 weeks for a response."

Never gotten a single letter asking for clarification. The only time you must send anything is if denial is based on credit report. Be sure to deny for something else that is legitimate. Sloppy housekeeping, stinky house, poorly socialized pets/animals, missing an appointment, etc.

Oh, make sure you write down in YOUR records what the reason for denying. I keep a notebook where I track all applicants, then, as I deny, I make notes. I also make notes for their reasons if they reject the house. One notebook per house.

I always inform the applicant I do a surprise visit as the last step in my approval process. The smokers, horders, pet liars and slobs just never seem to return their applications.

Kate,

Housekeeping is not a protected class.

My app is clear: Screening includes a housekeeping check of their current home.

Discrimination: Keep your mouth SHUT!! LLs get in trouble for what they SAY.

The ones we have denied knew their app was "grass" when we walked in the door and saw/smelled their mess.

No one has ever asked why.

We snap a few pics and attach them to the app for evidence if we ever get called out.

I'll also add that we are very clear - they have been "pre-approved" and the 2 minute In Home Visit is the last step for approval. We only visit if EVERYTHING ELSE is clear, so we're only visiting a few.