Asking About Day Care For Children
I know this is probably off limits .... but .... can you ask a tenant who takes care of their kids while they are at work. I have a low income unit for rent and have had several single parents who make a low income, and who have several young kids. I do not see how they could afford day care and do not want the kids running around or staying at home without adult supervision.
Do I run into trouble asking about the day care or even letting them know the legal age in FL that kids can be let without supervision?
Brenda
I try to weed these out in the application process. Let the problem children be raised elsewhere. HOwever, in today's market, we find it hard to locate quality renters for the lowest rents.
I do not find it hard to speak into peoples lives about their responsibilities, but some landlords are loathe to say anything. My landlording interest is that they must thrive and achieve the best of their abilities. They must thrive at home in order to keep their jobs which pay my rent.
If you have these low rents, you will have these hard choices. Some people never thrive, just cannot figure out how to live. It is very sad, sometimes heartbreaking. Sometimes we have to be hard-nosed and make the difficult choices. We cannot allow our properties to not pay their own way. Yet if we are persons of compassion, we feel for them.
My patience runs thin when tenants choose to pay cable and rent-to-own monster TVs while rent is unpaid.
Dan
I don't mind asking, it is just that familia status is a protected class and you could get into big trouble if it is seen as discrimination. I usually ask nothing about who will be living in the unit, other than number of people and everyone over 21 must fill out an application. But when I see the application, I realize that they make very little money and have young children. Want to reinforce that unsupervised children will not be allowed, as it is against the law, but do not want to run the risk of discrimination.
Hey,
I would find it difficult to broach the topic without sounding condescending or confrontational, but maybe that is just me. If you are only quoting the law, I do not see how there would be any problems.
Brenda,
You are right to be concerned on both counts. As you are aware the Equal Housing Opportunity Act makes it illegal to discriminate in the provision of housing on the basis of a number of things. The one you hear the most about, of course, is race. But age is also a protected class and the Act specifically lists Children under 14 years of age as not a reason you can refuse housing on. So asking the Day Care question could be construed as a violation of the act on the grounds that you don't ask that question of people who don't have children.
On the other hand you don't want unsupervised kids running around. Property damage and other problems are likely results.
With that preamble I'd ask a couple of questions. I know from your other posts that you have several units at least. Do you have other tenants who have small children? And how many units do you have?
Here are the reasons for both questions:
At least around here I have the impression that the enforcement agencies are not particularly interested in "amateur" landlords. They seem to believe that if the larger landlords are held to the Fair Housing Act's provisions that will make sufficient housing available for the protected classes and that some person who only owns a couple of units is not worth chasing. Part of the reason for that is that enforcement" is largely accomplished by not-for-profit agencies which sue you for discrimination. Part of the settlement of the suit is always a payment to the agency which they use to continue and expand their "enforcment" efforts. Small landlords= small number of units= small settlement payments= not worth the effort.
Second, if you have other units rented to parents with small children it becomes difficult to argue that you are discriminating against such families in general. Rather your landlord instinct is telling you that these particular children are going to be a problem. That is a judgement which is legal to make as long as it it not based solely on the age of the children. Asking the day care question is, in my opinion, a legitimate way of evaluating whether these particular children, and their parents, are going to be a nusance or not.
I think if the tenant is running any kind of day care business or service, she needs to be licensed. (Depending on the state, she may be allowed to keep several extra children before she fits into the day care defination).
The last thing you want is an unlicensed day care. Several legitimate day cares here in Nashville have been shut down for the first problem. The state will not give a second chance, in most cases.
First, I would check with a local lawyer and find out exactly how you can word it on your application. I wouldn't worry about politeness. This could be a major liability issue if a child is injured on your property.
Cordially,
Alice
I must be crazy but I rent to families all the time. I had one family in my single family rental that had 7 kids...they were the neatest tenants ever! I also have a lower income family w/4...they did just get taken away by social services but that's another topic...but they to were very neat. I even have a licensed daycare in one of my rentals, again no problems. I would take on a case by case basis, if the children seem well behaved I wouldn't sweat it.
Low income does not necessarily mean the children don't attend daycare. There are programs such as headstart available for low income families. Additionally, there are childcare assistance programs where the government pays the day care centers directly for low income families.
One way to broach the subject would be to point out nearby daycare centers ... they might volunteer the information without you having to directly ask.