Non-english speaking

Is it illegal to discriminate against prospective tenants based on wether or not they speak english? I have no problems with renting to Mexican tenants but if they do not speak english it causes many problems. I have even had prospetive tenants show up with an interpreter, which would be fine if they were around 24 hours a day. 38.194.59.75

RE: Non-english speaking (by [CA])
Posted on: November 19, 2000 23:32:16
Message:

Yes it is.

If they don't speak at all you shoud provide them with a spanish version of your rental agreement .

But sometimes at the begining they understand, and later don't :-))??? very conveniently. 24.24.226.96

RE: Non-english speaking (by Reid [KANSAS])
Posted on: November 19, 2000 23:35:31
Message:

If you can't find at least one clearly legal reason for not renting to someone you're just not concentrating. That should keep you from renting to about anyone you don't want to . Your real reason need never be made public . >>>> Reid 152.163.207.209

RE: Non-english speaking (by mailman@stlouislandlord.com [])
Posted on: November 20, 2000 00:02:16
Message:

I would suggest that you have a church or social welfare organization provide them a copy of the lease in their native tounge and commit to providing translation services.

I would also prepare a document for them to sign written in both their native tongue and English which affirms that the English document is the governing version notwithstanding any other translations which are for referance purposes only. 199.217.158.31

RE: Non-english speaking (by mlr [MI])
Posted on: November 20, 2000 02:10:05
Message:

We owned a home in a city that was attracting many Arabic families that had just arrived. I ended up selling that home because it became so difficult as it ended up that these were about 90% of the rental market in the city. They could not accept phone calls. The women would answer " no home - no english" and hang up!! They could not read the lease. They could not answer a question. They had very different business practices and did not like having a lease. They did not know what was in the lease - and if they did would not understand it. Their interpreters were never around when you needed them. Just trying to tell them to place their trash in the receptacle provided became a major ordeal. Writing them a letter was an equal effort in futility. We realized that in order to do business there we would have to learn several different Arabic languages and did not feel equal to the task. I would personally not get into that situation again. You can cite lack of verifiable credit, or length of employment, etc as a reason for refusal, but remember to apply the same standards to other applicants. 208.165.239.72

RE: Non-english speaking (by mlr [MI])
Posted on: November 20, 2000 02:12:18
Message:

They could not accept phone calls. The women would answer " no home - no english" and hang up!! They could not read the lease. They could not answer a question. They had very different business practices and did not like having a lease. They did not know what was in the lease - and if they did would not understand it. Their interpreters were never around when you needed them. Just trying to tell them to place their trash in the receptacle provided became a major ordeal. Writing them a letter was an equal effort in futility. We realized that in order to do business there we would have to learn several different Arabic languag 208.165.239.72

RE: Non-english speaking (by Laura [In])
Posted on: November 20, 2000 06:01:12
Message:

Even though the United States has never adopted a native language, I accept the one that was used to write the constitution. That does not mean you should not rent to visitors to our country. Check their imigration status,green cards,visa's,etc. and or citizenship. If citizens, and unable to communicate english, I would find a legal way to say adios. I can not afford a translator, and I'm afraid much time would be wasted solving problems witout one. Some would consider this discrimination I consider it good business. Don't rush to take my advice, it could get you into trouble,me however I enjoy a good fight. 209.84.164.13

RE: Non-english speaking (by Susan [Colorado])
Posted on: November 20, 2000 06:52:11
Message:

I would suggest getting a computer program that translates English to Spanish and Spanish to English. I have used this (until I found a bi-lingual assistant) to communicate with Hispanic tenants. If you choose not to rent to Hispanic tenants, you are missing a potentially good market. I have a lot of Spanish-speaking families who are awesome tenants. 206.168.43.210

RE: Non-english speaking (by JUF [CT])
Posted on: November 20, 2000 07:27:04
Message:

Many responses to your question focus on translating the lease to a different language. I don't see how that answers your question, nor addresses your underlying conerns. After day one, the lease, regardless of language will not be used to communicate with your tenant. My understanding of discrimination is that you can not apply different standards to different people. You must have a consistant set of requirements. One requirement is the ability to communicate via phone and read a lease. If they can't, you haven't discriminated because you use these same standards for all your tenants. I know of no law requiring a landlord to provide a translated lease, nor a 24/7 interpretter for communicating at other times. 198.133.22.73

RE: Non-english speaking (by Roger Shoaf [CA])
Posted on: November 20, 2000 08:40:35
Message:

I just heard on a radio news program the other day a landlord got sued for discrimination because he refused to rent to a mexican family because no one in the family spoke english, the landlord argued that he should not have to be compelled to speak an other language just to comunicate. The court agreed with the landlord. Sorry but I don't have the citation to the case, but this might give you hope. 205.171.72.24

RE: Non-english speaking (by Dan A [MA])
Posted on: November 20, 2000 09:59:23
Message:

I don't rent to people who can't communicate with me. 207.138.153.34

RE: Non-english speaking (by Joe [Indiana])
Posted on: November 20, 2000 13:40:58
Message:

Do you ask for a Social Security Number on your application? Most Mexicans do not have a legal one. If they supply you with one, just call SSA and ask if it is valid for that name. If it is not, tell them to go to Social Security Office to fix the problem. You will never hear from them again.

If its translation you need. Go to altavista.com and click on translations. It covers most anything (spanish/german/french/ect) from/and to each one. Even french to spanish or any combo! 64.12.104.52

RE: Non-english speaking (by Richard [California])
Posted on: November 20, 2000 14:57:36
Message:

In California, you must rent to Spanish speaking people as long as they pass your qualificiations. In fact, California also makes you provide the rent/lease agreement in Spanish. However, you can have the translator sign in the location on the document. I know because a good 60% of my tenants don't speak English and I don't speak Spanish. The city of Los Angeles once gave me a warning notice. Non English speaking people HAVE MORE RIGHTS than those that only speak English! It's just NOT fair! 165.247.246.195

Disregard MOST Previous Posts (by ALDO [WI])
Posted on: November 20, 2000 22:12:41
Message:

Under no circumstances will I rent to a tenant that does not speak English unless there is a family member over the age of 14 that does speak fluent Emglish. In my case, Spanish is the problem language. I once had a Spanish speaking tenant that cost me well over $2000 in damages because they didn't know how to tell me they had a water leak under their kitchen sink. Though I've often been threatened with lawsuits, that has never happened - some threats coming from referrals from 'community advocacy' organizations. Race and/or ethnic origin is a protected class. The language they speak is not. 207.250.216.201

RE: Non-english speaking (by Rita [MA])
Posted on: November 21, 2000 11:38:51
Message:

This is a slippery slope and you should be very careful. The Civil Rights Acts also define discrimination as something that has a discriminatory effect. If your policy of not renting to people who don't speak English had a discriiminatory effect on people on the basis of a protected class, it could be deemed illegal discrimination.

And let's be for real, even many native English speakers communicate so poorly, it's like they are speaking a foreign language!

I think the key is in applying your standards consistently and in not making assumptions. We should never assume that someone's national origin or accent will create a communication problem. Test it out. Many people here have emphasized the importance of talking a lot with applicants because it provides you with the kind of information a landlord needs to make good decisions. I think that this is another example of why doing that is important. It is imporant not only because it gives you a chance to find out if you and the applicant can communicate, but it also provides some protection in case of a discrimination complaint. 158.121.119.97

RE: Non-english speaking (by Dan A [MA])
Posted on: November 21, 2000 11:52:05
Message:

I don't understand how people mix this up with discrimination. If you have a policy that you don't rent to someone who can't communicate in english and you apply it to everyone where is the problem. I've had hispanic applicants show up with a friend to interpret for them and I turn them down because the interpreter won't be there when a pipe bursts. I have other hispanic applicants who speak english just fine and have been accepted as tenants. I have caucasian males apply who can't speak english and they don't get accepted either. This is business, not a game of personal preferences. 207.138.153.34

RE: Non-english speaking (by Rita [MA])
Posted on: November 21, 2000 13:37:12
Message:

The issue becomes discrimination when people suspect that the English issue is a pretext for discrimination on the basis of a protected class. Since most discrimination is based on a pre-text, it is easy to see how the two become conjoined. I've seen lots of people say that they discriminated against someone on the basis on language, but it was clear that the issue was really race/ethnicity, not language. Race/ethnicity are usually tied up with language issues, especially with immigrants

As I said, if you apply your standards equally and consistently, and don't make assumptions, there should be no discrimination, no discriminatory effect and should not be a problem. I think your case is a good example, but remember the big hedge word in your posting - "IF." That's where the problem lies. Since it sounds like your standard really is the ability to communicate in English and you did an interview (i.e., tested it), it would be hard to claim discrimination. Since you have other Hispanic tenants and you have disqualified white applicants on the same basis (language), there is no discriminatory effect. 158.121.119.97

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