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Updated almost 9 years ago on . Most recent reply

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Alexis Scott
  • Durham, NC
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80
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Fair Housing Laws

Alexis Scott
  • Durham, NC
Posted
Hello BP family, I have a question regarding fair housing laws in Raleigh, NC. If I own a SFH which is financed with a conventional loan, and is a 3 bed 2 bath do I have to rent to anyone that meets standard rental criteria? Which in NC is typically anyone who is 18 and older that can provide 3 times the monthly rent before taxes and passes a criminal/rental background check free and clear of any felonies/convictions and does not owe any other landlord money, and was a clean tenant who paid relatively on time. I agree with all of the standard criteria except I personally do not want to rent to anyone whom is under the age of 25 with children and who has cleanliness issues! Could I just document all of my personal criteria in the lease and rental application or could I get sued for being somewhat discriminating?!?

Most Popular Reply

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2,667
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Dawn Brenengen
  • Real Estate Broker
  • Raleigh, NC
1,866
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Dawn Brenengen
  • Real Estate Broker
  • Raleigh, NC
ModeratorReplied

@Russell Brazil yes, age is a protected class in NC.

@Alexis Scott  I wouldn't get too hung up on how old people are, whether they have kids, etc.  You also can't really screen for cleanliness, so you might as well throw that criteria out the window too.  Set your rental criteria and stick to it.  Tenants should have at least an X credit score, make three times the monthly income unless they have X times the rent in the bank.  No felonies, no evictions and good references from their previous landlords.  

If they roll up to the showing in a car filled to the roof with old McDonald's bags, have mustard stains all over their shirts, and reek of smoke, I would find a way to not accept their application.  You can write into your policies that you have a certain standard for cleanliness, no smokers, etc.  As long as nothing you are basing your decision on is part of a protected class, you are within the law.  That being said, Russell is right.  People can sue for anything.  

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