Can I ask my rental applicant...

Question

I have a women applying with 2 teenagers (under 18) listed on her application who I was about to approve when I noticed something weird. She's moving out of the current house which her ex-boyfriend owns because their relationship is ending. That address's parcel records confirm the ex-boyfriend named is the owner. The weird thing is a google search of her children's names with that address result in nuwber.com showing that a man in his 40's lives there with the exact same name as one of her teens listed on the application. (it's the same last name as the applicant & her 2 children).

First am I even allowed to google search an applicant's child's name that would be an occupant?

Can I flat out ask her why nuwber.com records show that a man in his 40's with same name as your son is living at the address of your supposed ex-boyfriend?

My concern is this might fall under protected classes etc. Normally I'd move on to next applicant but besides the situation mentioned, her income and credit score are excellent and it's been difficult finding a qualified Tenant at this time of year.

Justin Igoe · Answer

Thanks for your replies. I'm just going to ask her to clarify.

Sam Yin · Answer

@Justin Igoe

Could it just be the Xs kid that he gave the same name to?  A Jr?  It happens very often.

Just a thought.

Otherwise, go with what's posted.

Bruce Woodruff · Answer

If you - "end up with a 40 year old man living in my house that didn't complete an application and credit check" then you just throw them out for violating the lease, right? I'm not seeing the issue really.

And I would just go with your gut and not worry about 'protected classes' too much. You can always say that you had a better applicant show up prior to her, happens all the time. Of course, not suggesting running afoul of the law.... :-)

Justin Igoe · Answer

Thanks for your feedback. Btw certain google searches would probably have the law at your door.

Those are certainly possibilities but so is that I could end up with a 40 year old man living in my house that didn't complete an application and credit check. I just want to be sure it's legal for me to ask her the second question from my post above. The protected classes I was referring to are familial status, marital status and age.

Carini Rochester · Answer

You are allowed to google search anything!

What is your conclusion? That her ex-husband, the father of her children lived with them? What is the protected class you are referring to? Women who live with two men at the same time? If you find an issue that you think makes her life not stable and it worries you enough that you think it will jeopardize the rent payment, that is a reason to not except her. But, I'm not sure you've found that. The internet doesn't know everything. That web-site might have gotten the son's age wrong. It might be listing her ex-husband because some mail addressed to him got mailed there errantly.