Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
It's a large, corporate owned apt complex. Not high end, but clean and cheap enough that it's nearly always 100% occupied. Not Section 8 or subsidized in any way.
My mentally ill, legally disabled brother has lived there for more than a decade. He ALWAYS pays his rent on time, but he is not a trouble free tenant. Management has always been unbelievably kind to him, going the extra mile to work with his outbursts and difficult behavior on many occasions.
Over the years, his rent increases have been quite a bit less than I was expecting. Several on site managers have said that his increases ARE less than what other tenants are getting because he is disabled and they want to help. Corporate approved their request to keep his rent somewhat lower than others.Which is totally, incredibly wonderful for us. A true case of "the kindness of strangers."
But I can't help but wonder: Isn't this kinda like reverse discrimination? Can a LL legally charge less because a tenant is in a protected class?
I'd be hard pressed to see how this ran afoul of any law on the books. Yes, it is discriminatory, but not all discrimination is illegal. Absent laws expressly prohibiting such action (and those who are "harmed" in this case would be the non-disabled tenants paying full price), LLs would be free to do what they want generally speaking.
It's a large, corporate owned apt complex. Not high end, but clean and cheap enough that it's nearly always 100% occupied. Not Section 8 or subsidized in any way.
My mentally ill, legally disabled brother has lived there for more than a decade. He ALWAYS pays his rent on time, but he is not a trouble free tenant. Management has always been unbelievably kind to him, going the extra mile to work with his outbursts and difficult behavior on many occasions.
Over the years, his rent increases have been quite a bit less than I was expecting. Several on site managers have said that his increases ARE less than what other tenants are getting because he is disabled and they want to help. Corporate approved their request to keep his rent somewhat lower than others.Which is totally, incredibly wonderful for us. A true case of "the kindness of strangers."
But I can't help but wonder: Isn't this kinda like reverse discrimination? Can a LL legally charge less because a tenant is in a protected class?
IF I was the landlord, I would likely get legal counsel, and this being a corporate complex, I expect they have done so. My first reaction is not to express the reason for the rental amount.
I think the lower rent is not the issue, as much as giving the reason provided.
IF I were a prospective tenant with disabilities and could not get the same deal, I might have a valid complaint.
Well, then... If I was a long-term tenant, disabled or not, and could not get the same deal, I also might have a valid complaint.
I don’t see this as a problem. Except if they are renting to him at significantly below market rates they could lose some of their allowable deductions because the IRS requires you rent property at market rates in order to fully enjoy the deduction offsets. They expect you to make a profit so they can tax it.
But landlords charge different rates all the time. A tenant may be paying less because they have been there a long time, or have shown themselves to take exceptionally good care of the property.
It is perfectly legal to charge different tenants a different rent for the same sort of apartment. It would also be perfectly legal for them to charge your brother more just because he causes them extra work.
Not one of these apts have a Set Value. It's a Tax Credit. 2 bedrooms are advertised the going rate, but I Don't pay that nor does the others in here. It's crazy! When we lived in the 1-bedroom my rent was $550 with yearly raises. My neighbor in this building pays $300 for his 1 bedroom. & The lady in another 1bedroom paid Max... then when her DH died they dropped her rent almost in 1/2. None of these people are Section 8.
I'm wondering why OP is worried about this. Are you concerned the LL will change their mind and start charging full price? Afraid one of the other tenants will find out and complain?
It's a large, corporate owned apt complex. Not high end, but clean and cheap enough that it's nearly always 100% occupied. Not Section 8 or subsidized in any way.
My mentally ill, legally disabled brother has lived there for more than a decade. He ALWAYS pays his rent on time, but he is not a trouble free tenant. Management has always been unbelievably kind to him, going the extra mile to work with his outbursts and difficult behavior on many occasions.
Over the years, his rent increases have been quite a bit less than I was expecting. Several on site managers have said that his increases ARE less than what other tenants are getting because he is disabled and they want to help. Corporate approved their request to keep his rent somewhat lower than others.Which is totally, incredibly wonderful for us. A true case of "the kindness of strangers."
But I can't help but wonder: Isn't this kinda like reverse discrimination? Can a LL legally charge less because a tenant is in a protected class?
It isn't like reverse discrimination because no one else is disadvantaged by their decision to charge less rent. Something else that maybe you aren't considering; Your brother is unlikely to move. Meaning they're unlikely to be stuck with vacancy costs, or costs for getting the unit ready for a new tenant, or costs associated with onboarding a new tenant.
It isn't like reverse discrimination because no one else is disadvantaged by their decision to charge less rent. Something else that maybe you aren't considering; Your brother is unlikely to move. Meaning they're unlikely to be stuck with vacancy costs, or costs for getting the unit ready for a new tenant, or costs associated with onboarding a new tenant.
When this started happening years ago, I totally believe that was the reason. Any good LL would want to keep the current, good tenant. But in the last 1-2 years, that's really not a good reason to keep his rent below what is should be. The city is the fastest growing city in the US, causing vacancy rates are below 4% and rents have increased 25+%. This apartment complex may be older, but it's right on the bus line, walking distance to the Metro system, and in a fairly safe neighborhood. IMHO, in the current market, they could fill that apartment within days for a significantly higher rent.
To several prior posters: I'm wondering about this mostly on a 'philosophical' level. They have every right to bring his rent up to market value, as long as the increase isn't discriminatory or retaliatory. As my OP clearly explained, I'm deeply grateful to the managers in his complex for their understanding and concern for my brother. The Christmas gift I send to the entire staff every year isn't nearly adequate.
Yes, I am concerned about them raising his rent because of the effect it will have on him mentally. Financially, we are extraordinarily lucky; more money is there IF he agrees to accept additional funds. Which has been a struggle in the past. For many years, in his brain, living on the streets was better than paying more money for an apartment or room. But that's a separate subject, and not part of this board.
Thank you everyone for your thoughts and contributions.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
