Real Estate Law
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Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.
Hi Larry: I never heard of this as a duty of the landlord. I know that landlords can have income requirements and that it is set forth in an initial discussion and that the landlord may check a credit score. Almost all landlords impose minimum income and credit score requirements. You can elaborate more if I am misunderstanding your question.
I just heard that the landlord has to have it in writing exactly what the criteria is to qualify to be able to rent an apt and move in. for example the land lord would have to have in writing that the prospective tenants need to have $50,000 in income min and credit score of 800 or above, no convictions, no evictions in the last 10 years etc and it must be shown to them before they apply. I never heard of this myself. I heard this is the law in Washington state but no so sure it applies here in NYS.
Hi Larry: Thank you for the additional information. If a landlord is charging an application fee (and even if no fee), then denying based on a criteria not disclosed to an applicant that could lead to a legal claim. So, it would be best practices to inform a potential tenant in writing of the criteria. Full disclosure is always a best practice. We can continue to discuss if you want to do so.
Thanks for your info. Just need to know how specific in the criteria do I need to be. So do I have to say exactly how much income they must have or exactly what their credit score must be?? I just want to know how flexible I can be. if someone has really good income but does not quite make the credit score criteria I might still take them. Or if someone has high income that came from overtime that might dry up soon I would like to deny him if I can etc. Does the law say how specific I must be???
Hi Larry: You can just list it as various factors that you consider. It does not have to be black and white. It would be similar to someone getting a mortgage or applying to by a coop - everything is reviewed so to speak. Here is a link to some of the points that landlords review or do prior to renting. http://www.movingtonewyorkguide.com/landlord-rental-requirements/
Hello Larry: I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a rating between 3 and 5 stars for the service I provided to you. Best regards.