• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Roomate in my condo- How much can I legally discriminate?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Gypsygirl

Junior Member
What is the name of your state? NY

If I want to have a roomate share MY condo (she'd have her own bedroom and bath) can I legally choose a roomate on the basis of gender, age compatability, non-smoking, liefestyle, etc.? I don't want certain activities in my place (drugs, tobacco use, etc), so can I make the rental agreement contingent on refraining from engaging in certain activities on premises? I don't want a parade of virtual strangers parading about here in the middle of the night, for my safety. What she does OFF premises is not my business. How far can I go in how I select a roomate? I do not want to be forced to choose a male, a smoker, or a young, less-responsible person.
 


JETX

Senior Member
The first concern you should have is... does your condo association allow tenants (most don't).

Discrimination based on race, color, religion or national origin are specifically prohibited. Housing discrimination is illegal if the denial of housing is solely based on the sex of the applicant—male or female—or whether the applicant has children under 18 or is pregnant.

Since 1988, people with physical or mental disabilities have special protections under the Fair Housing Act. Disabilities include hearing, mobility and visual impairments, chronic alcoholism and mental illness, AIDS and AIDS Related Complex and mental retardation.

Property owners and managers are required to allow persons with disabilities, at their own expense, to make reasonable changes to the property such as inclined ramps, stair climbing machines or bathroom grab bars to make it more useful. Landlords and managers must also be flexible on rules and policies if necessary, such as allowing a guide dog for a visually impaired tenant to live in a building with a no-pets policy.

Otherwise, your prohibiting smoking, drugs, etc. should not be a problem.
 
B

badtenant

Guest
You do have far more rights to discriminate in the selection of tenants, if you are a resident owner....

My landlord did not want to rent to a couple with kids, but cats were ok. Sure its discrimination, but it is HIS HOME, a 2 family house so he should have some rights to who lives there.

If its just a 2 family rental unit, then he probably would have been sued by now.
 

Gypsygirl

Junior Member
I cannot select a childless roomate in MY own home with my own furnishings and my collectables over one who wants to move a kid into my house with me? I do not have the right to pick a roomate closer to my age over one who is younger and less compatable with me? Wow. Same with gender. I must not choose a woman to share my home WITH ME over a man? I don't want a male roomate inside my house. I did not realize that I could not even specify gender or number of roomates I want (one woman vs. a woman and a child together) living with me.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top