[btw334]

I own a house, but want to take in a roommate to help with the bills. I know that I am not allowed to put any discriminatory language in my (CraigsList) advertisements for a roommate, but am I allowed to actually choose my roommate based on
1) whether they have kids or not or
2) whether their background seems sketchy
?

I don't know if, because it's only a roommate situation, I'm subject to the same FHA laws that apply in a landlord/tenant scenario.

[btw334]

Sorry - my state is Virginia

[ScottGem]

You can restrict children and put in language in the ads that no children are allowed. That is not discriminatory. You can advise that a background check will be made. And you can refuse people if a background check shows derogatory things.

You can't, however, discriminate on race, age, disability or religion.

[btw334]

Mmmm I think that's a rather cursory dismissal of what I read here as "Family Discrimination:
http://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter5-2.html
"While some landlords don’t like renting to tenants with children, fearing the noise and wear and tear that kids might cause, the federal Fair 
Housing Acts prohibit discriminating on this basis."

and here

http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

"Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:

A parent
A person who has legal custody of the child or children or
The designee of the parent or legal custodian, with the parent or custodian's written permission."

[ScottGem]

That applies to landlords renting a private rental unit. It would not extend to someone taking in a roommate.

[btw334]

That applies to landlords renting a private rental unit. It would not extend to someone taking in a roommate.

I guess I was just wondering if taking rent from a roommate makes me a "landlord", and therefore subject to those laws. While some rooms in the house would be shared, some would not, and both are in the same "structure". So, is the consensus that the disjointedness of the structure is what makes the difference of whether FHA discrimination laws apply (as opposed to the taking of rent)?

[ScottGem]

Yes, taking rent from a roommate does, indeed, make you a landlord. In fact, simply allowing someone to live in property you own makes you a landlord. But, as an owner/occupant, you are allowed a greater leeway is selecting someone to share your dwelling.

If you are concerned about being slapped with a discrimination suit, then don't put it in the ad.

[joypulv]

I've lost my Federal book but my recollection is that what you quoted does not apply to owner occupied buildings of 3 units or fewer. Be careful to read any law from the beginning.

Aside from the letter of the law, I've never heard of any jurisdiction enforcing tenant discrimination of roommate applicants. Place your ad and describe the usual requirements, leaving out race and religion and ability, but feel free to break the law by mentioning gender. I mean really.

I say this having been both tenant and landlord and having passed the real estate courses and exams.

BTW craigslist is full of scammers, even in the roommate section. If a response has a strange vagueness to it about things like income/jobs, or where the person is located now, or why they are moving to your area, then ignore them. They want to send you a fake cashier check.

[btw334]

I've lost my Federal book but my recollection is that what you quoted does not apply to owner occupied buildings of 3 units or fewer. Be careful to read any law from the beginning.

But they're sooooooo long!! Thanks, all

[joypulv]

That's what we are for!

[ScottGem]

I don't know about the 3 or fewer units (thought that makes sense), but I know it would not apply to a roommate situation. I think you would be safe in saying no children. One thing you should do is find a local landlords association who can do background checks for you.

[btw334]

I don't know about the 3 or fewer units (thought that makes sense), but I know it would not apply to a roommate situation. I think you would be safe in saying no children. One thing you should do is find a local landlords association who can do background checks for you.

I had kind of given up on background checks beyond the FBI check at
https://forms.fbi.gov/criminal-histo...checks-review/
And my state police check at
Virginia State Police - CJIS Criminal Record Checks

Because I read that pretty much all the online background check services were garbage. But that's a good idea, though. I will check with a few of my ex-landlords to see who they use or try to find a local association.

[AK lawyer]

... and here

Fair Housing -- It's Your Right - HUD

...

In that link, I see this:

"What Housing Is Covered?

The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
"