Require Covid Vaccine for Multiunit Property?

Question

Our family and friends live on a 5 unit MF property. We are in the process of seeking new tenants. Everyone on the property is concerned about health and safety related to Covid and we are all vaccinated, except for the kids. Can we require that new tenants be vaccinated or does that requirement create legal liability?

Greg M. · Answer

You're opening yourself up to liability. You're sticking your nose where it doesn't belong. It's very likely against the law.

I didn't rent to Person X because they weren't COVID vaccinated and it was a bigger financial risk to me.

I didn't rent to Person X because they have cancer and it was a bigger financial risk to me.

I didn't rent to Person X because they were pregnant and it was a bigger financial risk to me.

Notice a pattern there with regards to making illegal decisions based on the medical condition of the renter?

Credit score, income, references, nothing else.

Mike Dymski · Answer

this thread could get salty fast...

Brian Garlington · Answer

Do not make this a requirement of being able to rent from you.

Do not even ask a potential tenant if they have received the shot. There are countless ways that you even broaching this subject with them can get you in warm water that can quickly become hot.

If you don't see a lot of discussion about it on the forums that should be your first clue.....especially of this has been "in the news" for almost two years at this point.

Bill B. · Answer

Pretty sure if you can’t ask why someone needs a support animal you’re going to find the law is pretty clear you can’t ask medical questions. In the midst of this hysteria you might get away with it until you accidentally ask a minority, someone with a disability, someone who wants to sue. Maybe it only costs you $10k in legal fees, if you’re lucky. Unless you fall in to one of those triple damages situations.

You probably better be asking about mental illness, felony records, and anything else that might be more of a threat to the tenants than covid.

Ps. I assume that means you’re going to deny every family that has a kid too young to be shot?  You certainly don’t want to discriminate by family as we know that’s illegal. And you don’t want to allow a family with a young member not shot after turning away someone else (again maybe a minority or disadvantaged person) because they didn’t have the shot. I don’t think there’s a can big enough to hold all those worms and liabilities.

Davis Kaleda · Answer

I've had this question too. Hopefully this thread catches on, because I don't see any other post about this anywhere. With the eviction moratorium and some tenants not paying rent because of COVID-19, an unvaccinated tenant is not just a health risk but a bigger financial risk than a vaccinated one. Add on the risk of getting other tenants or their children sick, and the financial risk compounds. I wonder if that financial risk is enough grounds to require the vaccine.

I've been thinking about using a motivator like an optional opt in program, such as a one time dollar amount rent credit if you can prove all eligible members of your household are vaccinated. This 1: helps society out, getting more people vaccinated but 2 and perhaps more important to landlords: limits your risk. I rather pay a $200 credit now than deal with missing a month (or months) of rent and then having to go through the eviction process.

Scott M. · Answer

If you google this question you will find lawyers on both sides of the argument.  This is not settled law.  Unless you want to be part of a lawsuit to determine the legalities of this you may prefer to not get involved.

Companies (large and small), universities and the like are all being sued because of their stance.  Heck, as far as I know the US Congress is not even requiring all members to be vaccinated, but you, a landlord of a 5 unit building will?

Not saying you will get sued or you would win or lose, no idea, but that is the point.  This is not even close to settled law.

Adam Martin · Answer

Legalities around issues such as this are still being worked out but don’t be the test case.  I see this as a hippa violation and someone’s vaccination status is none of your business.  Let’s say you go through with it but someone can’t due to religious or medical conditions what would your stance be.  Even the vaccinated are getting COVID so there is still a chance of it spreading anyway.  I appreciate that you are concerned for your tenants and feel you have good intentions but may be taking it too far but also maybe not far enough.  Do you also require flu shots, chicken pocks, hepatitis, TDAP, and a mmr shot and are willing to verify they are all preventing dangerous diseases and are fda approved.  I feel the worst part of COVID is how it has created further division in society and is turning into vaccinated vs non.  Hopefully we can find a way to all get along if the vaccine works this shouldn’t be a problem, if it doesn’t than who cares if you get it or not.  We are all responsible for our own actions however your rights end where another’s begin. The guy out there suing in California for discriminating  section 8 tenants may find a new target.

Chris Szepessy · Answer

Certainly not legal advice, but I agree with most others about not wading into those waters, at least not right now.

I gotta say...it's amazing what the news can make Americans divided over. I'm not THAT old, but I miss the good old days when people could disagree, but just go on with life and worry about themselves.

Donavan Mcdabb · Answer

😬

Require Covid Vaccine for Multiunit Property?

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