Fair housing for elderly

January 15, 2006 5:38 PM

Should I anticipate age-based housing discrimination on behalf of my mother?

My 80 year old mother has applied to rent a townhouse in my neightborhood. All of the arangements were made through a realtor, and now the owner of the townhouse would like to meet her before making it final. Is this the way this is usually done? I do not see that age is protected in this case by Fair Housing or by the ADA (she sometimes uses a walker or a wheelchair). Any thoughts about this? Any questions that might be brought up that would be inappropriate that I should be alert to?

posted by puddinghead to law & government (9 comments total)

Maybe your mom can point out her desire to stay long term, her past experience as a home owner and thus her appreciation for the owner's property, her diligent housekeeping, and her quiet, peaceful, low demand nature. This worked for my grandmother. In fact, her landlord cuts seniors a deal on the rent. If it was me, I'd be happy to rent to a senior because there's probably actually less turnover than with people who are much younger.

If the landlord decides to discriminate against your mother, s/he will probably do so without actually saying so.
posted by acoutu at 5:42 PM on January 15, 2006

I think the landlord would be happy to have such a tenant. An experienced landlord has had their share of difficult tenants and just wants someone who is not going to cause major disturbances or trash the place. I'd expect your Mom to pass this test with flying colours.
posted by winston at 6:14 PM on January 15, 2006

As long as your mom has a year's worth of rent in her savings, I agree with winston that she'd be an ideal tenant. In my experience, the victims of age-based housing discrimination are usually young people, not old people.

I don't see how the ADA would protect her, as residential developers are not required to ensure wheelchair access to all floors of a house (I sure as hell hope I don't need to spring for a superfluous elevator in my future suburban colonial!)
posted by Saucy Intruder at 6:26 PM on January 15, 2006

I agree with the above posters. I've never heard of a landlord discriminating based on (older) age. The only rationale I can think of is that perhaps older tenants might complain more to the landlord over perceived problems? Even that seems pretty flimsy.
posted by reverendX at 6:28 PM on January 15, 2006

In NY, potential SCRIE claimants might be avoided by landlords, as small property owners often try to eschew the related (minor) hassles.
posted by Kwantsar at 6:58 PM on January 15, 2006

If she has a disability as it is defined by fair housing law (meaning individuals with mental or physical impairments that substantially limit one or more major life activities) and the landlord requires one to meet different terms and conditions from those other tenants must meet, he/she is breaking the law. It sounds like she meets the definition, and is therefore protected by the fair housing act.
One reason that a landlord might do such a thing is that they anticipate a potential tenant requesting reasonable modifications to the unit to make it accessible, and they know they would be legally required to spend the money to make them. If someone owns more than a certain number of units (I think it's around 10) they are required to make the modifications (provided they aren't prohibitively expensive.)
If she finds that others are not required to meet with the potential landlord, she should contact her local HUD office's fair housing department, her city's civil rights department and get legal assistance.
If the landlord asks her any questions about her physical condition in relation to her suitability for the unit, that should raise a red flag.
posted by sophie at 7:41 PM on January 15, 2006

On the other hand, the landlord may like to meet all potential tenants and it's not discrimination at all. But so many fair housing cases these days seem to involve real discrimination against people with disabilities that it would be worthwhile to watch out for it.
posted by sophie at 7:52 PM on January 15, 2006

Landlords love old people. If they want to sort out anyone, it would be young people. Multiple young males I imagine would be especially unwanted.
posted by dagnyscott at 7:58 PM on January 15, 2006

As everyone else has said - old people are ideal tenants. They usually have low-impact lifestyles, a very long credit history, and don't typically throw wild parties.

Landlords that operate small properties generally like people and want to know who is living in their unit. Unless the landlord is running a cult out of the rental units, it is unlikely they will have any preferences beyond receiving rent checks on and the property receiving minimal damage.
posted by b1tr0t at 10:32 PM on January 15, 2006