Ok People I got a teaser for you regarding personal rights - Page 2

Hatuey · 07-05-08, 11:43 PM

Owning a gun is no different then owning a dog. A landlord has every right to tell you whether or not he will allow it in his property. If you don't like it. Get rid of the gun.

jallman · 07-05-08, 11:47 PM

Quote:

Originally Posted by Hatuey

Owning a gun is no different then owning a dog. A landlord has every right to tell you whether or not he will allow it in his property. If you don't like it. Get rid of the gun.

Except that owning a gun is protected by the 2nd Amendment and the Constitution trumps the landlord's rights. There is no disclosure of gun ownership on an application for a reason: a prospective tenant is not required to do so and leveraging tenancy in order to gain suppression of any civil right is grounds for a lawsuit.

It's also of note that the landlord may have a no pets policy, but if the tenant has a seeing eye dog because he is blind it cannot be used to disqualify him from renting.

RightinNYC · 07-05-08, 11:59 PM

The Constitution guarantees that certain freedoms will be protected from infringement by the federal government. Many of those freedoms have since been expanded so that the state and local governments cannot infringe upon them either. The 2nd Amendment has not yet been incorporated. Even if it were, it would not protect the renter's "freedom" to own a gun from the landlord's power to restrict gun ownership on his property.

You might be guaranteed freedom of speech, but I have the right to kick you out of my kitchen if I don't like what you're saying.

independent_thinker2002 · 07-06-08, 12:19 AM

Quote:

Originally Posted by jallman

These are prequalifications that the courts have found reasonable and they are applied without prejudice and only access public records. You couldn't run background checks on only Mexican applicants and not Whites or Asians. Further, in most states, only certain criminal activities like fraud and sex offenses can bar you from renting. If a landlord won't rent to someone of legal age to rent, that prospective tenant has avenues to pursue a Fair Housing suit.

You may not have a right to rent at Person B's property specifically, but you do have a right to equal consideration without prejudice when Person B decides to rent their property.

I didn't make the rules this way, I am only pointing out that they are what they are. I only know they are what they are because I get to hear Joshua bitch about the regulations when he has to rent to tenants that he KNOWS are going to be a problem due to these regulations.

Yes, that is why Person B isn't infringing on Person A's 2nd amendment rights. I can't find anything online that addresses this specific issue though. Here is what I did find:

Quote:

Q. Is a landlord allowed to discriminate in the selection of tenants?

A. Yes. The landlord can use legal criteria to select tenants, such as their past history of tenancy, the amount of income they have with which to pay the rent, their credit history, and their past criminal record. The landlord may also use personal criteria in selecting tenants, such as purple hair or nose rings. In some places, a landlord may even refuse to rent to certain people because of their occupation.

Q. What is fair housing?

A. "Fair housing" is a legal term applied to federal, state, and municipal laws that prohibit landlords from refusing to rent property because the prospective tenant falls into one or more certain protected classes. The Fair Housing Act (Chapter 42 of the United States Code, beginning at Section
3601) forbids landlords to discriminate in choosing tenants because of their race, religion, ethnic origin, color, sex, physical or mental handicap, or family status. Landlords cannot refuse to rent to a family with children. It is also illegal under the Fair Housing Act for landlords to harass, intimidate, threaten, interfere with, or evict a tenant because of the same factors. Furthermore, the same law prohibits the landlord from attempting to evict a
tenant for filing a complaint or lawsuit charging the landlord with discrimination.
The Civil Rights Act of 1866 (Chapter 42 of the U.S. Code, Section 1982)
prohibits discrimination because of the race, ethnic origin, or color of the tenants. This federal law applies to all landlords without any exceptions.
All the states and many cities have enacted fair housing laws as well. Some of
these laws are not as strict as the federal law, but some are stricter because they protect additional classes of persons.
Some states and municipalities forbid rental discrimination based on marital status, age (over 40 especially), less than honorable discharge from the military, sexual orientation, or source of income (welfare, social security, alimony, or child support).

http://www.abanet.org/publiced/practical/books/family_legal_guide/chapter_6.pdf

rivrrat · 07-06-08, 12:29 AM

And ya know, it's weird but I coulda sworn that when I was looking for apartments out here in Cali, I was barred from certain places because I was UNDER 65. Looks like "age discrimination" is okay.

jallman · 07-06-08, 12:31 AM

Quote:

Originally Posted by RightinNYC

The Constitution guarantees that certain freedoms will be protected from infringement by the federal government. Many of those freedoms have since been expanded so that the state and local governments cannot infringe upon them either. The 2nd Amendment has not yet been incorporated. Even if it were, it would not protect the renter's "freedom" to own a gun from the landlord's power to restrict gun ownership on his property.

You might be guaranteed freedom of speech, but I have the right to kick you out of my kitchen if I don't like what you're saying.

Okay, but I would like to see a gun ban enforced by the landlord. LOL

It's a moot point. Once temporary ownership is taken by the tenant, the landlord's ability to enforce his preferences is seriously diminished. I'm sure it's different state to state but I can't see a gun ban working for very long if it is attempted.

jallman · 07-06-08, 12:33 AM

Quote:

Originally Posted by rivrrat

And ya know, it's weird but I coulda sworn that when I was looking for apartments out here in Cali, I was barred from certain places because I was UNDER 65. Looks like "age discrimination" is okay.

Actually, it's not here in California especially. Clearly there are exceptions when the place is a retirement community but in most cases, there is no way to legally discriminate based on age.

RightinNYC · 07-06-08, 12:35 AM

Quote:

Originally Posted by jallman

Okay, but I would like to see a gun ban enforced by the landlord. LOL

It's a moot point. Once temporary ownership is taken by the tenant, the landlord's ability to enforce his preferences is seriously diminished. I'm sure it's different state to state but I can't see a gun ban working for very long if it is attempted.

The way you get around that is very easy - you include not owning guns as a term of the lease. If the person owns a gun while they're living on the property, they're in breach of the contract and you can evict/sue them.

jallman · 07-06-08, 12:40 AM

Quote:

Originally Posted by RightinNYC

The way you get around that is very easy - you include not owning guns as a term of the lease. If the person owns a gun while they're living on the property, they're in breach of the contract and you can evict/sue them.

You may evict but how do you get "sue"? And how is a property owner going to discover a firearm in the house? He turns over ownership of the unit to the tenant and must abide by strict regulations about entering the unit without notification.

I'm not buying that a suppression of a civil right is within the rights of the landlord and that it couldn't be quickly challenged in court. And I have never been asked about ownership of a firearm on a rental application. Leasing laws are much more complex than renting a hotel room and there are things that the landlord can and cannot do. Restricting civil rights within the occupied unit is one of them.

independent_thinker2002 · 07-06-08, 12:50 AM

Quote:

Originally Posted by jallman

You may evict but how do you get "sue"? And how is a property owner going to discover a firearm in the house? He turns over ownership of the unit to the tenant and must abide by strict regulations about entering the unit without notification.

I'm not buying that a suppression of a civil right is within the rights of the landlord and that it couldn't be quickly challenged in court. And I have never been asked about ownership of a firearm on a rental application. Leasing laws are much more complex than renting a hotel room and there are things that the landlord can and cannot do. Restricting civil rights within the occupied unit is one of them.

Jallman, I've never seen purple hair on a lease either. But they can discriminate for that. Also, in Illinois, it's a small fine for entering an apartment without notice. It's like drugs, they usually don't find out, but if they do, they can evict. They can put whatever arbitrary conditions in the lease and you agree to it when you sign it.