Potential Tenant with Mental Health Issues

[Graham Mink]

Hi Everybody!

I have a question regarding tenant screening. I was contacted today by a Mental Health Professional about one of my units that is for rent. She is helping a young person with Mental Health issues find a place to live. I am not sure what issues the person has and I am not sure if I can even ask or if the "case worker" is allowed to tell me. This quasi-government agency will be paying the rent for them so that is not an issue. I am wondering how I go about screening this person? Am I allowed to ask questions about their mental health problems? Am I allowed to deny an application based on lack of this information or if I am not comfortable renting to them? I don't want to treat anyone unfairly or discriminate but there are also other tenants in the building that will be living next to them. Can anyone offer any guidance?

Thanks!

[Bradley Bogdan]

@Graham Mink As a mental health clinician who is often canvassing landlords to find rentals for clients with various challenges, I seriously doubt you'd be sued. As disappointed as most folks in such a position can be when a landlord denies a client, there isn't much incentive to sue, as we still have to house folks and build good relationships in the community. 

If the rent level seems attractive to you, ask to screen the tenant in person and ask for references from places the person has stayed in the past, as I doubt they would have the usual attractive application. Ask if the person will have ongoing support outside of just rent assistance, what the process will be if the tenant turns out to not be suitable for the unit (ie will they help relocate them), and what special accommodations, if any, the person will need. If all of that checks out, I would feel comfortable renting to this person. Frankly, the exact diagnosis wouldn't do you much good even if it weren't awkward to ask, as mental health diagnoses aren't at all an exact science, the rest of the details matter much more as to whether the person will be a good tenant.

As for a direct answer as to whether mental health issues put you into a protected class, I'm guessing if they have a case manager, they're probably considered disabled by Social Security or some other gov't definition. Therefore, you can't deny based on a disability. Like I said before, though, if you explain that they don't meet the minimum criteria you set for all tenants and you're not able to rent for that reason, you're definitely not going to be sued.