Social Security & Govt. Payments

[pixelrogue1]

What is the name of your state (only U.S. law)? PA

PENNSYLVANIA

A growing number of inquiries for apartments are those of retirement age with social security and/or other government payments.

As most here know, if you end up having to go to court, and the judgment is on your favor, well - you can't collect on government payments.

Are you allowed to require that applicants have good credit AND a W2 job?
These individuals likely have a good credit score, yet nothing available in the event of a breach. Happened to me a few years back... Taken to the cleaners.

So so long as the rules are the same for everyone (all applicants,) can you require the W2 job?

 

[LdiJ]

What is the name of your state (only U.S. law)? PA

PENNSYLVANIA

A growing number of inquiries for apartments are those of retirement age with social security and/or other government payments.

As most here know, if you end up having to go to court, and the judgment is on your favor, well - you can't collect on government payments.

Are you allowed to require that applicants have good credit AND a W2 job?
These individuals likely have a good credit score, yet nothing available in the event of a breach. Happened to me a few years back... Taken to the cleaners.

So so long as the rules are the same for everyone (all applicants,) can you require the W2 job?

I think that would be a dangerous thing to attempt. It would automatically discriminate against anyone who was too elderly or too disabled to work. I could see an attorney making a lot of hay with that one.

 

[HRZ]

I would agree that as worded the OP is likely to run afoul of age discrimination or disability ( hey under prior law in PA you could not even get a wage attachment...). Find some other reason to reject a tenant you think has marginal ability to pay and or stay on top of rent flow ...often retirees are more desirable since they have safe income flows

 

[LdiJ]

I would also add that many of today's retirees have substantial investment income as well as their SS benefits. Turning someone away just because they do not have a W2 job is a poor business practice as well.

 

[adjusterjack]

You might be OK if you can show that you consistently seek income verification with all applicants.

I'm on Social Security Retirement and I'm always getting asked for income verification for one thing or another.

 

[LdiJ]

You might be OK if you can show that you consistently seek income verification with all applicants.

I'm on Social Security Retirement and I'm always getting asked for income verification for one thing or another.

Seeking income verification is not what the OP wants to do. The OP wants to deny housing to anyone who cannot show W2 income. The OP wants to insure that any tenant she approves has specific types of income that can be garnished. Which, in reality is kind of pointless, because anyone who defaults can easily stop working that W2 job to make themselves uncollectable, anyway.

 

[pixelrogue1]

Collecting Judgement

Hourly employee who can switch quickly to another job, yes you are right they change jobs and it becomes a chase. However sometimes all you have to collect judgement is a w2 job. Please let me know if you can collect against government payments, or investments.

I have no issues with qualified tenants, I just need a way to be marginally protected in the event of a breach. Had one tenant work the system to the last day, taking nearly 5 months to evict and gain possession. There was no way to collect the judgement.

So what ideas would you have to help remedy this up and coming situation?

 

[LdiJ]

Hourly employee who can switch quickly to another job, yes you are right they change jobs and it becomes a chase. However sometimes all you have to collect judgement is a w2 job. Please let me know if you can collect against government payments, or investments.

I have no issues with qualified tenants, I just need a way to be marginally protected in the event of a breach. Had one tenant work the system to the last day, taking nearly 5 months to evict and gain possession. There was no way to collect the judgement.

So what ideas would you have to help remedy this up and coming situation?

Again, I do not see how you can do what you want to do without risking discrimination issues. No business person can 100% protect themselves against every type of loser/deadbeat. You can certainly ask for references and check the references diligently. You can also do a background check on prospective tenants as well. That will cost you a little bit of money, but it might be worth it if you are that paranoid about things.

 

[Taxing Matters]

So so long as the rules are the same for everyone (all applicants,) can you require the W2 job?

You probably could do that without violating the fair housing laws if you do it right. I suggest you see an attorney who practices in the area of residential housing law in your state to ensure you get it right. But you’d be overly restrictive in the types of tenants you take going that route.

 

[DeenaCA]

Please see the PA fair housing booklet at http://www.equalhousing.org/wp-content/uploads/2017/10/Know-Your-Rights-as-a-Renter-in-PA-digital-copy.pdf.

Excerpt from page 19:

Social Security or Social Security Disability Income is verifiable income which is directly related to being a member of a protected class (age over 40 and/or disability). Refusal to approve an application because a prospective tenant is not employed could be unlawful discrimination if the prospective tenant has other verifiable income such as social security or disability that would financially qualify them to rent.

 

[Zigner]

I'd bet that Bill Gates doesn't get a W2