Q: I am seeing more and more tenants who have had an eviction during the moratorium because they fell on hard times. Can I change my practice and accept residents who have been evicted?

A: Absolutely – who you chose to rent to is an operational decision, as long as it’s done legally. In other words, you can choose your rental standards, provided you do not discriminate against someone in a protected class. You are also allowed to occasionally change your standards based upon changes in the market. The best example of this came out of the Great Recession. Prior to 2009, many landlords would never rent to someone who had a foreclosure on their record. So many people lost their house, though, that the market had to change and adapt. The same principle applies here – if you want to change your standard and ignore any eviction record from the pandemic, you have the legal right to do so. We merely suggest you keep a written copy of your application standard and never discriminate against someone in a protected class.

Mark B. Zinman, Attorney

Information contained in this article is for informational purposes only and should not be considered legal advice. You should always contact an attorney for legal advice and not rely on information published here.