By Robert Griswold
Question: My landlord told me I can't have college friends stay with me overnight at my unit. Is that right?Tenants' attorney Kellman replies:
No, it is not! Tenants are afforded the right of privacy and freedom of association under Federal and State law. This means tenants are allowed to have guests visit them and landlords cannot prohibit these guests, even if they spend the night. As long as the visitors do not stay so long as to be considered residents, the visitors remain classified as guests and are allowed to be there.
Some landlords try and discourage visitors by charging a fee for each time a visitor spends the night. I believe such a fee is improper and void. Of course, tenants must not abuse this right with excessive visitors or those who create a nuisance or other disturbances to the neighbors. Also, in most mobile home parks, there are specific rules that set out how long a guest may stay at a unit. A tenant who has a guest stay over too many days risks eviction for an unauthorized extra resident. A good approach is that if an extended visit is expected, let the landlord know that you will be having a guest and not a new resident.
Question: I was looking for an apartment near a local university. The landlord told me he only rented to students. I don't think that's fair.
Tenants' attorney Kellman replies:
Landlords must follow federal and state fair housing laws, which means they cannot discriminate, based on such things as race, religion, ancestry, etc. Under the law, the landlord cannot discriminate based on age or familial status, including families with children.
Students, as a group, will generally be younger and will probably not have children living with them. Offering a rental only to students effectively blocks out applicants who are older than college age or perhaps are families that have children. This appears to be an improper form of discrimination violating both State and Federal law.
Any applicant who has sufficient income and an acceptable credit history should be able to rent that unit, whether he is a student or not. There is a specific exemption in the fair housing laws for "post secondary educational institutions" (public or private) wherein they can offer housing to students, provided students are afforded equal access to those units.
Question: If a rental unit is listed at a university housing office, does that mean the school has checked out the unit, the owner and the neighborhood?
Property manager Griswold replies:
Not necessarily. The housing referral offices at most universities are great sources of information for both tenants and landlords, and usually have listings for both university housing and private rentals in the area. Of course, the university-owned or affiliated housing is maintained and operated by the university or an affiliated entity, and will often have the advantage of being "approved" by them.
However, most universities do not have the resources to investigate all of the listed privately owned rental units. If your local university claims to have a screening process for private rentals, you'll want to inquire further and determine exactly what criteria they consider in formulating their "approved" status, as their evaluation may not be as comprehensive as you would like.
Of course, since many college communities face a severe shortage of affordable rental housing, some universities have endeavored to acquire their own rental housing units. These rental properties are typically located near the university and are well-maintained, but in limited supply with priority given to athletes and underclassmen.
I believe that there are distinct advantages to beginning your search at the university housing referral office, even though you are completely on your own with your due diligence of the privately owned rental units. For example, they will have listings from landlords with rental vacancies in the area, plus you can avoid landlords that will seek any excuse to avoid renting to students - which is illegal! Student rentals are often in high demand, so I would suggest that you keep your cell phone handy and call immediately if you think that you will be interested in a particular rental property. The best rental units go quickly, particularly those with the right location and reasonable pricing.
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