Q & A: Can a medical problem disqualify an applicant?
June 1, 2008
Q: I am concerned about asking for medical information on a lease application. Can it be held against me for not considering a tenant with some medical problem that I feel may interfere with their ability to fulfill the lease? Brian Leding, Grapevine, Texas
A: Yes, you could be in violation of the Fair Housing Act.
The Fair Housing Act defines “handicap” as follows: “(1) a physical or mental impairment which substantially limits one or more of such person’s major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance.”
That definition is so broad, especially the part that talks about “one or more of [a] person’s major life activities,” that just about anyone who has been to the doctor recently with a complaint qualifies.
I don’t know from the term “medical problem” what or how serious the medical problem would have to be to make you want to disqualify an applicant, but many situations would legitimately make us concerned as landlords as to whether a tenant would be able to pay the rent or stay for the term of the lease.
For example, a person who is on dialysis for kidney disease has to spend considerable time at the clinic every week, limiting the amount of time he or she can work and earn sufficient money to pay the rent. A tenant with cancer, undergoing radiation or chemotherapy is another example. He or she may be unable to work at all.
Both of these situations would be of legitimate concern to a landlord, but it would most likely be considered illegal to discriminate on the basis of the person having the disease.
More distressing is the tenant with psychological problems who cannot hold a job, causes problems wherever he lives, and can’t hold a job so he can pay the rent.
The best way to handle any such situation is to look at rental history as a determiner of whether someone will be a good tenant or not. If you get verifiable landlord references saying the applicant paid the rent on time and was a good tenant, that’s what you have to go by, not something that might happen in the future.
About the Author: Bob Cain
Some 30 years ago Bob Cain went to a no-money-down seminar and got the notion that owning rental property would be just the best idea there is for making money. He bought some. Trouble was, what he learned at the seminar didn’t tell him how to make money on his rental property. He went looking for help in the form of a magazine or newsletter about the business. He couldn't find any.
Always ready to jump at a great idea, he decided he could put his speaking and writing skills to work and perform a valuable service for other investors who needed more information about property management. So Bob ferreted out the secrets, tricks and techniques of property management wherever he found them; then he passed them along to other landlords.
For over 25 years now, Bob has been publishing information, giving speeches, putting on seminars and workshops, and consulting for landlords on how to buy, rent and manage property more effectively.
