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Old 06-30-2015, 06:10 AM
 
227 posts, read 238,653 times
Reputation: 91

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Quote:
Originally Posted by Austin023 View Post
OP, did they refund you the application fee?
I know in many places a landlord is not obligated to return the fee if the application is denied, but if the fee is a rather good amount (like $50-75) that can add to the sting. I am sorry this has happened to you.

I was going to rent from a landlord a couple of years ago, temporarily and they requested a rather large app. fee ($50...per person!--that was a red flag right there) to run the credit/background/references, but luckily before I handed them the money, I found LOTS of complaints with the Better Business Bureau (and of course Yelp, etc.) with the most common complaint being they had taken the application and fee(s) and then denied them, keeping the fee; they would do this to four, five, six people for the same apartment. So they knowingly took applications and fees from people for apartments that were either already taken or would be very shortly and had nothing comparable to offer them.
By state law that would need to return the fee if this was the case; instead they would tell the prospective tenant they were denied due to credit/background/reference issues and therefore they would keep the fee from several people for the same apartment. The company was eventually sued. They rented mostly to college stusnts and young adults, mostly who had little to no rental experience, but eventually some caught on to their "game".
Some landlords are just plain greedy, though as you say, it could also be racial/ethnic discrimination.
They charged us $50 as application fee, which to be honest is not my concern. They ran a hard query which was really not needed because we provided them ample other documents. We just rented from another community a few blocks from the same place but rather different attitude. They were cooperative and willing to answer questions, they also ran a soft query and were understanable why a hard query can cause significant harm.

All i expect is transparency. Despite the law stating that one cannot discriminate a landlrod can have apprehensions, which i understand. In the past i have come across landlords who denied renting because of the ethnicity but their attitude was clear indication too.

Like some suggested im glad though, wudnt have wanted to face issues once we signed the lease.

For those who asked, we were renting out of Chatham NJ. The demographics are >90% whites. Our reason of move was irrespective of the ethnical diversity but to allow our kid access to good school district and be close to work.

Thanks everyone
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Old 06-30-2015, 06:17 AM
 
227 posts, read 238,653 times
Reputation: 91
Quote:
Originally Posted by Harpaint View Post
Length of employment, probability of layoffs in your line of work, amount of savings, etc. are also things they look at. Sorry this happened and hope you find a nice place soon.
Thank you We did find something this weekend.
And neither of the situation applies to us. I generally dont consider racism angle unless its clearly evident.
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Old 06-30-2015, 06:19 AM
 
227 posts, read 238,653 times
Reputation: 91
Quote:
Originally Posted by NoMoreSnowForMe View Post
You can file a fair housing complaint.

New Jersey Law Against Discrimination:

State of New Jersey

Page on how to file a complaint:

State of New Jersey
Thanks

Quote:
Originally Posted by KaaBoom View Post
It's probably worth your time to talk to a lawyer. That could be worth a lot of money to you. Five or even six digit figures, if you win.
Wow...really? Too bad that i really dont have the time nor the inclination for that
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Old 06-30-2015, 07:35 AM
 
Location: Altadena, CA
1,569 posts, read 1,535,884 times
Reputation: 2906
Quote:
Originally Posted by Seagreen10 View Post
My husband and I had applied for a rental apt by providing a application form, credit report access approval form and application fee. We were just told by the super that we were denied because the owner is not satisfied with our background check.
1. Our credit score is 700+ (which thanks to their hard screening gets a dent)
2. We have paid all our bills and rent on time always
3. Our DL is clean
4. Our income is more than 4X rent
5. We are highly educated and have very stable full time jobs

We have not been told why the application was denied in specificity. As a prospective tenant, what rights do i have?
I would request a copy of my tenant screening report for sure but i wish to know how can i ask them to provide me with precise information and reson for denial.
We are asian indian and feel the reason of denial was racial discrimination. I am not 100% sure, but i strongly believe so.
As a minority myself, I always consider all other options first before I even have to think of the race card. As per your numbered list above, 1 through 5 makes you a dream tenant. Especially since you have never been evicted too, there is no valid reason why you were denied. I take it that neither you or your spouse has been arrested either - so you have a really clean record for an ideal tenant. In a far fetched possibility, maybe the owner only wants to approve people with a credit score of 790+. But, I doubt that.

I'm sorry, but I think the only other option to consider why you were denied is because of your race and that F'ing pisses me off! I would move on and find another place to live, but me being me, I would tell the manager, to tell the owner to F off and that I know the true reason why I was denied. If anything, it'll be cathartic to have that verbal rant.

Good luck with your move to a really nice apartment - the one you do find will be much, much better.
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Old 06-30-2015, 08:27 AM
 
227 posts, read 238,653 times
Reputation: 91
Quote:
Originally Posted by MItoBH View Post
As a minority myself, I always consider all other options first before I even have to think of the race card. As per your numbered list above, 1 through 5 makes you a dream tenant. Especially since you have never been evicted too, there is no valid reason why you were denied. I take it that neither you or your spouse has been arrested either - so you have a really clean record for an ideal tenant. In a far fetched possibility, maybe the owner only wants to approve people with a credit score of 790+. But, I doubt that.

I'm sorry, but I think the only other option to consider why you were denied is because of your race and that F'ing pisses me off! I would move on and find another place to live, but me being me, I would tell the manager, to tell the owner to F off and that I know the true reason why I was denied. If anything, it'll be cathartic to have that verbal rant.

Good luck with your move to a really nice apartment - the one you do find will be much, much better.
No eviction, no arrests, no conviction, no speeding ticket either ever!
I decided to read up the tenant laws and asked the owner to provide us with a Adverse Action Notice which is a provision under Fair Credit Reporting Act along with a written explanation for application denial. The AAN should also enable us to access the consumer report they issues.
What pisses me off apart from my doubt of discrimination is they chose to run a hard query which isnt really needed. We had provided ample documents to support everything and they could have obtained the same info by running a soft query. The hard query stays on the credit for 2 years.

Thanks for your wishes, we actually did find something better.
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Old 06-30-2015, 08:34 AM
 
Location: Land of Free Johnson-Weld-2016
6,473 posts, read 13,903,349 times
Reputation: 6428
Quote:
Originally Posted by Seagreen10 View Post
My husband and I had applied for a rental apt by providing a application form, credit report access approval form and application fee. We were just told by the super that we were denied because the owner is not satisfied with our background check.
1. Our credit score is 700+ (which thanks to their hard screening gets a dent)
2. We have paid all our bills and rent on time always
3. Our DL is clean
4. Our income is more than 4X rent
5. We are highly educated and have very stable full time jobs

We have not been told why the application was denied in specificity. As a prospective tenant, what rights do i have?
I would request a copy of my tenant screening report for sure but i wish to know how can i ask them to provide me with precise information and reson for denial.
We are asian indian and feel the reason of denial was racial discrimination. I am not 100% sure, but i strongly believe so.
It probably is. Honestly there are people I don't want to rent to, but my personal feelings are not valid criteria for screening tenants. I process the applications in the order that I get them and apply the same criteria to everyone. In addition, if there is a rejection, I send a form letter based on the FCRA rejection letter with the reason that the application was denied.

This is because I'm a minority. I'm not keen on the idea of anyone discriminating against me, so I go the extra mile to avoid discrimination against others. It is also the law. Some other people may not be so decent, AND may think they can get away with it. You have two options: ignore this OR go to court.

You can consult with the lawyer to find out specifically what your options are. There is also a TINY chance that there is someone else with your exact name who is a felon, and the landlord made a mistake. This can happen, and you may be able to uncover and fix it.
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Old 06-30-2015, 10:16 PM
 
Location: Silicon Valley
18,010 posts, read 22,749,611 times
Reputation: 34910
Quote:
Originally Posted by Seagreen10 View Post
No eviction, no arrests, no conviction, no speeding ticket either ever!
I decided to read up the tenant laws and asked the owner to provide us with a Adverse Action Notice which is a provision under Fair Credit Reporting Act along with a written explanation for application denial. The AAN should also enable us to access the consumer report they issues.
What pisses me off apart from my doubt of discrimination is they chose to run a hard query which isnt really needed. We had provided ample documents to support everything and they could have obtained the same info by running a soft query. The hard query stays on the credit for 2 years.

Thanks for your wishes, we actually did find something better.
I have to disagree with you on the hard inquiry. Any applicant I ever processed, I ran a hard inquiry. I wasn't going to accept someone's copy of a credit report, etc. I had to process everyone the same way, and use credit and background checks that I could rely on.

And the only "soft" inquiries I'm aware of, are the ones where you run your own credit report, or some credit card company looking for people to spam. But, any landlord checking your credit is going to be pulling a hard inquiry. Anyone saying otherwise, is simply taking your application money, and not paying for a real report. They must have just decided to take a chance on you, or they Googled you. But, they did not do a "normal" credit and background check. They just charged you for one.

Anyway, of course, it's disappointing to have a hard inquiry done and be turned down. But, it's just like applying for a loan. If you apply, they run a hard inquiry. You take a chance on getting approved. And a hard inquiry regarding a rental is not going to affect your credit score much, anyway, and is easily explained to a lender. It's not like it's for a bunch of credit cards that shows you're broke. It shows you're looking for a rental. No big deal.
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Old 07-01-2015, 05:57 AM
 
Location: Kansas
19,187 posts, read 14,953,306 times
Reputation: 18248
I can't help but wonder if they ever ran a credit report and just pocketed the $50. Having lived a lot of places in the US over the years, I would place my bet on racial discrimination. OP is lucky that they didn't allow them to move in as a "token" family since their life their would probably have been miserable.

OP, glad you found something that works for you.
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Old 07-01-2015, 12:30 PM
 
227 posts, read 238,653 times
Reputation: 91
Quote:
Originally Posted by AnywhereElse View Post
I can't help but wonder if they ever ran a credit report and just pocketed the $50. Having lived a lot of places in the US over the years, I would place my bet on racial discrimination. OP is lucky that they didn't allow them to move in as a "token" family since their life their would probably have been miserable.

OP, glad you found something that works for you.
We recieved an email saying a hard query has been placed on your account and your credit score has changed from this to that.
so i guess they did run it just for the sake of knowing the world about us.
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