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State Specific Question About: MASSACHUSETTS (MA) I have just taken ownership of ten unit apartment buildings (2)& now inherited these wonderful tenants (so far). There are 8 1-bedroom & 2 2-bedroom units. There is an extremely pleasant elderly couple who live on the first floor( 17 years) & a mother and her adult son who live on the second floor. These are the two bedroom units. The second floor tenants recently informed me that they will be moving out at the end of the month & I have started advertising the available apartment. My question is: Is there any way that I can out of not renting to a family with young children? My concern is for the elderly couple who have had their quiet enjoyment for the past 17 years and would now have to endure the pitter patter of little feet. Obviously, I know the Fair Housing Laws say no because they are a protected class. But aren't the elderly also. What can I do to make sure that these people have quiet enjoyment beyond putting carpeting in the hallways? Thanks! Angela --64.12.96.70 |
| I would have write out criteria for rental on my apts. Include credit rating that would be acceptable to you. but you must make sure that you follow your own criteria from now on, because it will come back to bite you. --209.112.182.40 |
| the second floor tenant that is the older mother and her grown son. Offer them a months free rent if they move into the empty apartment that is over the older first floor tenant. Tell the older second floor mother and her grown son that they will end of with a newly painted apartment and maybe throw in some new carpet. Problem solved and everyone is happy. --152.163.252.193 |
| You can not rent to kids if you have elderly tenants under cetain conditions. I have to look up the actual law and guidelines before I can answer your question correctly. --67.75.8.122 |
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James, I'd be extremely interested in knowing more about that law. I have a 12-unit with several tenants in their 80's and 90's, and really prefer no kids in these one-bedroom units. If I may, I ask that you post the info in a new thread since I generally do not revisit threads I've replied to. Thanx --24.94.240.94 |
| I don't think you have any legal way to discriminate against kids in this situation. If you try hard enough though you should be able to find the type of tenants you want and rule out the ones you don't. As far as kids go, I hope you are up on all the lead paint laws and how they work in MA. --24.128.227.165 |
| Yes, Dan, I am. I just rented an apt to a single lady, gave the lead paint disclosure notification form for her to read and sign. I told her "just in case she became pregnant". --64.12.96.135 |
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Angela, Dan is right. I copied this section from a document that cites state law. www.gis.net/~groucho/landlord.html#6 Under state law, you may refuse to rent to a tenant with children in an owner-occupied two-family dwelling or in a dwelling containing three or fewer apartments if one apartment is occupied by an elderly or infirm person for whom the presence of children would constitute a hardship. For this purpose, an elderly person is someone age 65 or over, and an infirm person is one who is disabled or suffering from a chronic illness. --192.223.226.6 |
| I'd be careful about that "just in case you become pregnant" line. Some might take that as an implication that you won't allow them to remain should they have children. Of course, MA landlords are basically screwed if they rent an apartment which isn't deleaded and then the tenant has a child. You can't legally ask them to move for that reason and you can't legally let them remain with out deleading. --24.128.227.165 |
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Here's the actual law. Search for the phrase "elderly or infirm" to get to the part about not renting to kids. www.state.ma.us/legis/laws/mgl/151b%2D4.htm --192.223.226.6 |
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Thanks, James, for getting that info. I'm going to keep on searching for tenants for that apt. The only one interested so far is the person with 2 kids - I might be able to keep her hanging for a few more days. She did say her credit was bad. But if she does check out ok, I might offer her the apartment that has my soon to be evicted tenants in it. At least that place has a yard. Thanks to all, Angela --152.163.252.1 |
| See my post title "No More Kids" --192.223.226.6 |