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Pray that you never end up in a complex owned by me.
I mean I'm reading all of these responses from people complaining about not having candles. Let me tell you something - there are tasteful candles, and then there are inappropriate candles. Tasteful candles - one or maybe two slim candles on a dinner table - no problem. Having candles all along the fireplace and all along the windowsills and all over the tables - nuh uh.
The city had hope I don't end up managing an apartment. The contract would be clear.
No dogs. Period. Any other pet is fine, but must be kept in the house, on a leash, or in a cage at all times.
No musical instruments played after 7pm. Rent the clubhouse if you want to practice all night, with the volume low enough that the building next door can't hear anything.
Dedicated trash pickup - so we can track who's not putting the trash out properly and fine them.
MUST park your vehicle in your garage; every day you don't is a fine. Second vehicles must be tagged clearly, visitors must get a visitor's pass with the apartment they're going to.
Speeders get a speeding ticket like any other region.
Occupancy limits to every apartment. 1 bedroom is 3 people at ANY time. If you have any more than that, friends or otherwise, you need to go to the 2+ bedrooms and pay for that privilege.
Religion can be practiced as long as there is no impact to others. In the case of the OP, the landlord can argue that such religion might have proved distracting or offensive to neighbors and as such, they chose not to renew the contract which is their right. That's the reason the month-to-month lease is worded the way it is - either party can terminate anytime. If the person did not want to have the issue they should have been in a lease - then if the lease was terminated due to this, there would be a clear case for FHA violation.
LOL. A landlord who gives speeding tickets? Good luck getting someone to rent from you. Would I need written permission for what type of toilet paper to buy as well?
The people who are saying that there is no basis for an action because this is nonrenewal, and not eviction, are just plain wrong.
Here's the applicable language from the federal law:
§ 3604. Discrimination in the sale or rental of housing and other prohibited practices.
As made applicable by section 3603 of this title and except as exempted by sections 3603(b) and 3607 of this title, it shall be unlawful - (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.
Regardless of whether you call it an eviction or not, the LL is "refusing to sell or rent . . . or otherwise mak[ing] unavailable or deny[ing] a dwelling to any person because of . . . religion."
The landlord may have a defense if she can show that this rental is exempt from the statute under the so-called "Mrs. Murphy" exception, which exempts owner-occupied housing with four or fewer units in the building, but we don't know if that is the case.
The question of whether there is a written rental agreement, or a lease for a fixed term, or anything else like that is simply irrelevant to the question of whether this is prohibited discrimination. There may be a proof question, but under the facts as presented it is clear.
Your last one there is a violation of Fair Housing Laws, I'm pretty sure, if you have more than four units. Go back and read it. It doesn't say, "Unless there's an impact on others". It says no discrimination based on religion, period.
Sorta think it says that in the Constitution of the United States, as well, which may be one reason that's in there.
I know Employers are barred from discriminating against their Employees based on Religion. I don't think that same rule applies to Landlords.
I mean, it's not right to force someone out just because of conflicting beliefs, but I don't think it's against the law. The Tenant can always talk to a Lawyer to see if she has a case!!!!!!
I know Employers are barred from discriminating against their Employees based on Religion. I don't think that same rule applies to Landlords.
I mean, it's not right to force someone out just because of conflicting beliefs, but I don't think it's against the law. The Tenant can always talk to a Lawyer to see if she has a case!!!!!!
If you'd read the entire thread, you'd see that a landlord is, indeed, barred by FEDERAL law from discriminating based on religion, with a few minor exceptions. The federal agency charged with enforcing this is cited above.
Your last one there is a violation of Fair Housing Laws, I'm pretty sure, if you have more than four units. Go back and read it. It doesn't say, "Unless there's an impact on others". It says no discrimination based on religion, period.
Sorta think it says that in the Constitution of the United States, as well, which may be one reason that's in there.
Here's the problem. You can have an issue with religious practices without discrimination against the religion itself.
Case in point:
If your religion involves, endorses or allows polygamy (as some do), and you know polygamy is a felony, you can't do it. I as a landlord have the right not to put my property at risk by supporting felonious behavior; therefore I have the right to refuse to rent to you. I didn't discriminate against the base religion, I made a decision not to allow a potential felon to remain on my property.
Here's another one.
If your religion involves swastikas or other potentially offensive material to be portrayed anywhere that is visible to other tenants or visitors (i.e. in the window or on the door), I have the right to tell you to remove it. In fact, I can even consider it "alteration" of the complex and prohibit said alterations in general. If you don't remove it I can choose not to rent to you anymore. Again, nothing about the religion; but it's my property, and I have final say as to what gets done to/with it.
Here's a really good one.
Say you practice the so-called "mystic arts" - crystal orbs in a given formation out on the balcony or patio or something. If my contract states that you can't leave anything on the balcony besides furniture and/or a satellite dish (if allowed by state law), guess what? Those orbs are getting removed. Again, religion makes no nevermind - my property, my rules. Don't like it, don't rent there.
My personal favorite:
Say you're a practicing Christian. You string up Christmas lights and a lit statue of Jesus even though my lease expressly forbids any sort of Christmas decorations on your balcony/patio/window, and only allows it inside your apartment, not visible to the outside. Guess what? They're either coming down or you won't have a home, because you violated the agreement. Has nothing to do with the religion - I gave you a term, you signed a paper agreeing to it, violated it, you're out.
Trust me when I say...the term "impact to others" is quite broad for a reason. Also, your statement about the Constitution is negated by the fact that what is stated in the Constitution applies to Congress and the government, NOT private property owners.
Here's the problem. You can have an issue with religious practices without discrimination against the religion itself.
Case in point:
If your religion involves, endorses or allows polygamy (as some do), and you know polygamy is a felony, you can't do it. I as a landlord have the right not to put my property at risk by supporting felonious behavior; therefore I have the right to refuse to rent to you. I didn't discriminate against the base religion, I made a decision not to allow a potential felon to remain on my property.
Here's another one.
If your religion involves swastikas or other potentially offensive material to be portrayed anywhere that is visible to other tenants or visitors (i.e. in the window or on the door), I have the right to tell you to remove it. In fact, I can even consider it "alteration" of the complex and prohibit said alterations in general. If you don't remove it I can choose not to rent to you anymore. Again, nothing about the religion; but it's my property, and I have final say as to what gets done to/with it.
Here's a really good one.
Say you practice the so-called "mystic arts" - crystal orbs in a given formation out on the balcony or patio or something. If my contract states that you can't leave anything on the balcony besides furniture and/or a satellite dish (if allowed by state law), guess what? Those orbs are getting removed. Again, religion makes no nevermind - my property, my rules. Don't like it, don't rent there.
My personal favorite:
Say you're a practicing Christian. You string up Christmas lights and a lit statue of Jesus even though my lease expressly forbids any sort of Christmas decorations on your balcony/patio/window, and only allows it inside your apartment, not visible to the outside. Guess what? They're either coming down or you won't have a home, because you violated the agreement. Has nothing to do with the religion - I gave you a term, you signed a paper agreeing to it, violated it, you're out.
Trust me when I say...the term "impact to others" is quite broad for a reason. Also, your statement about the Constitution is negated by the fact that what is stated in the Constitution applies to Congress and the government, NOT private property owners.
You're right that you do not have to rent to someone whose religious practice constitutes a violation of the law. However, "annoying others" does not constitute a violation of the law. If you have a clause in your lease forbidding religious expression that is NOT a violation of the law, if someone chooses to make an issue of it, you may very well find yourself found in violation of Fair Housing laws no matter WHAT you think.
Now, if your lease forbade lights of ANY kind, not just Christmas lights, and not just lights representative of a particular religion, for ALL tenants, you might have a point. But banning Christmas lights (or decorations) specifically because they might annoy other tenants (or you)? That's discrimination on the basis of religion (whatever the religion might be).
One hopes that you had an attorney review your lease before having anyone sign it, and that this issue was gone over in some detail by that attorney at that time as regards both federal and state fair housing laws.
You're right that you do not have to rent to someone whose religious practice constitutes a violation of the law. However, "annoying others" does not constitute a violation of the law. If you have a clause in your lease forbidding religious expression that is NOT a violation of the law, if someone chooses to make an issue of it, you may very well find yourself found in violation of Fair Housing laws no matter WHAT you think.
Now, if your lease forbade lights of ANY kind, not just Christmas lights, and not just lights representative of a particular religion, for ALL tenants, you might have a point. But banning Christmas lights (or decorations) specifically because they might annoy other tenants (or you)? That's discrimination on the basis of religion (whatever the religion might be).
One hopes that you had an attorney review your lease before having anyone sign it, and that this issue was gone over in some detail by that attorney at that time as regards both federal and state fair housing laws.
Clause could look like this:
Tenant agrees not to alter the interior or exterior of the premises in any way not approved in advance by property manager, including but not limited to: holiday or celebratory decoration and lighting, paint, symbols, holes, or garnishes. Should such decorations be approved in advance, tenant may be asked to sign a release form accepting any and all responsibility for any damages or legal actions that may be created as a result of said decorations.
...
Tenant agrees not to knowingly engage in any conduct that may be offensive, distracting, dismissive, endangering, or inconveniencing to other tenants, visitors or staff. Tenant also agrees that any person who utilizes the office's complaint process in accordance with this policy may not be harassed as a result of the complaint. Upon notification of the complaint, tenant has no more than 3 days to rectify the issue to the satisfaction of the complainant. The property manager reserves the right to review and determine, with its own discretion, whether the tenant has made sufficient effort to resolve the situation. If such an attempt was not made, tenant may be subject to fines until the situation has been resolved. In the event reasonable attempts have been made to resolve the situation, the property manager may choose to close the complaint, even if the complainant is not satisfied.
Just an example that I've seen from property contracts in rental arrangements. It seems overbearing but quite frankly, there are people in this world that appreciate having some protections.
Those clauses do not address religion specifically ("holiday" could be the 4th of July just as much as it could be Christmas or Hanukkah or Samhain, for example).
So what you have is a prohibition against outdoor decorations of any kind, not religious decorations as you implied. Though the reference to legal actions is a bit odd; the tenant could certainly not accept responsibility for you being Federally prosecuted any more than they could hold you harmless if you got a speeding ticket because you were speeding against state law. I seriously doubt that would stand up in court; at least, I'm not an attorney but I've been a legal assistant and I certainly wouldn't want to depend on it to protect me.
If one of your tenants, however, complained because another tenant was of another religion and found this offensive (or you found it offensive yourself), and you used that second clause to try to justify penalizing the tenant who was complained about, you could very well find yourself in court and on the losing side.
Tenant agrees not to alter the interior or exterior of the premises in any way not approved in advance by property manager, including but not limited to: holiday or celebratory decoration and lighting, paint, symbols, holes, or garnishes. Should such decorations be approved in advance, tenant may be asked to sign a release form accepting any and all responsibility for any damages or legal actions that may be created as a result of said decorations.
So basically you want to control the way a tenant decorates, and dictate their tastes?
The altar in the original question is a table in her home. That is not an alteration. On it, my friend has a couple of candles, a few statues, a book, and a ceremonial silver knife. I'm pretty sure tenants are allowed to have furniture (excepting anything prohibitions like waterbeds). I'm pretty sure tenants to accessorize that furniture with whatever legal objects they wish, whether those objects be mere decorations or religious objects. None of that is considered altering the premises. None of that is the landlord's business, unless their is a candle clause, and even then the rest of it is none of his/her business.
Unless lighting is such that it damages the electrical system or something else, it is none of the landlord's business what lighting I use. Neither are symbols of any kind, or anything else that isn't an alteration. Telling me I can't paint a pentagram on the hardwood floor or the wall is legit. Telling me I can't have one in my apartment is not. Same with Christmas tree or anything else not attached to your property.
Anyone who would have a clause like this doesn't want tenants. That person wants subjects.
Quote:
Originally Posted by revelated
Tenant agrees not to knowingly engage in any conduct that may be offensive, distracting, dismissive, endangering, or inconveniencing to other tenants, visitors or staff. Tenant also agrees that any person who utilizes the office's complaint process in accordance with this policy may not be harassed as a result of the complaint. Upon notification of the complaint, tenant has no more than 3 days to rectify the issue to the satisfaction of the complainant. The property manager reserves the right to review and determine, with its own discretion, whether the tenant has made sufficient effort to resolve the situation. If such an attempt was not made, tenant may be subject to fines until the situation has been resolved. In the event reasonable attempts have been made to resolve the situation, the property manager may choose to close the complaint, even if the complainant is not satisfied.
Endangering or inconveniencing? Sure. The rest? I don't think so.
Someone finds every religion offensive or a distraction. Someone probably finds the books I read offensive, or the sculpture I collect. Someone probably finds something everyone on earth does to be distracting or offensive. If I find Bible reading offensive, should my neighbors be kicked out for doing it quietly in their homes?
My friend practices her religion in the privacy of her own home. If she'd been chanting and dancing naked in the courtyard, then I could see how it might affect others. Merely offending the landlord by not being a fellow bible thumper? No. I don't think so.
This reply isn't just for the post I've quoted, or the person who wrote it. There was at least one other, probably more, but this is the last applicable one in the thread at this moment.
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