Gray areas in discrimination - have you ever unintentionally crossed that line?

[Sam Leon]

While we are having a good discussion on applicants with language challenges, I thought a more generalized discussion on other areas that may or may not fall under discrimination would be a worthwhile topic to refresh.  I have seen a few isolated topics on some of those in the past.

One thing I really would love to do is to be able to screen by IQ and "common sense".  The biggest problem is really common sense, or lack thereof.  I have, on more than one occasions, on the phone said to someone "Sorry I don't rent to dumb asses like you" and hung up. I know I shouldn't have, but I did, and it felt good for a few seconds, then I wonder if I would get into trouble.  I just assumed dumb asses wouldn't want to classify themselves into the dumb *** class, therefore, protected or not, I am safe.

One time I picked up the phone, and the caller said "Your place looks GREAT!  The pictures are super nice, now are those real pictures?  I just left a place and they posted faked pictures so that's why I am asking, and by the way, is it in a ghetto neighborhood?  I am a southern 100 pound white girl I wouldn't want to be around others unlike me, I am not racist or anything but can you tell me about the others in your building?"  I paused for a second and thinking...could this be some sort of mystery fair housing shopper?  So I answered with "What do you do for a living?"  She said she's a hair dresser.  I told her there are no others like her as in no other hair dressers, and I rent to people of all shapes and colors.  I often wonder if it's OK to tell an applicant the races/colors of the current tenants in the building.

I read a few articles where people debated whether some ads are discriminatory or not.  One such case was an ad that advertised "...nice unit on X street, right behind St. Paul Church..." where the author suggests this is religion discrimination as it is implying it is seeking tenants of a certain religion.  Is it though?  Or is it simply referencing an well known landmark?  Down here in South Florida, I see ads saying "5 minutes from the house of worship" all the time.  So saying close to "House of Worship" is OK, but close to "Sinai Temple" is bad?

Along the same line, is saying "...perfect for INSERT A GROUP OF PEOPLE HERE..." discriminating against those who are outside of the group?  For example:

"Across from the New River's public access, perfect for young professionals who enjoys kayaking and paddle boarding..." is saying "YOUNG" a no no due to age discrimination?

"Single family home with large back yard in a quiet neighborhood walking distance from A school, perfect for a family with children and pets..." is that showing preferences by familiar status?

Lastly, would it be illegal to give the applicant a questionnaire as part of an application?   Something like:

1.  What should not go down the garbage disposer?

A. Used oil after I did my oil change for my car B. Unwanted angel fruit cake gift from the inlaws C. A whole grapefruit D. Spam with the can E. ALL OF THE ABOVE.

2.  I don't have money for rent next month, I should...

A. Mail my landlord a partial rent and hope that he wouldn't notice B. Inform my landlord ASAP and try to work out a solution C. Move out during the night and just disappear D. Write my landlord a check doomed to bounce and buy a few days E. Stop answering doors, block his calls and texts and go into hiding.  F. Pretend I am sick and pick up the phone coughing each time.

3.  I broke my landlord's lawn furniture and BBQ set, I should...

A.  Inform my landlord ASAP and resolve it. B. Throw out the broken items and hope that my landlord would not notice what's missing C.  Throw out ALL lawn furniture and hope my landlord would not notice everything is missing D. Wait after the lawn service visits then call my landlord and tell him the lawn service folks came by and you came home and found broken stuff.  E. Throw it out then report them stolen.

well, you get the idea.