Landlord Errs Asking Mother’s Maiden Name

QUESTION: What kinds of information are tenants required to provide before moving into a rental unit? On a rental application I was given recently, there were questions asking for my Social Security number, my bank account numbers and my mother’s maiden name. I really want this apartment, but I feel that the owner is asking for personal information that is none of his business.

ANSWER: To protect themselves financially, owners sometimes ask for more information than they really need and more than you may feel comfortable offering. The one question that seems particularly inappropriate is your mother’s maiden name. Most major banks use this information as an informal password; however, even when the Social Security number and the mother’s maiden name are provided, banks will not give information to any one other than the account holder.

You may ask the owners what they intend to do with this information, or return the application without answering that question.

However, the landlord may ask for your full name, your Social Security number, your driver’s license number, the numbers of your bank accounts, the name and address of your employer, and the name of someone to contact in emergencies.

Nightly Screeching Is for the Birds

Q: My downstairs neighbor has a very noisy bird. I am reluctant to say anything because our complex allows pets, but the bird screams and screeches at all hours of the day and night and I’m losing sleep. Who should I contact about this problem, my landlord or the bird owner?

A: Whether your complex allows pets or not, you are entitled to “quiet enjoyment” of the property you rent. This means that the landlord must not permit other residents to interfere with the normal use of your rental unit.

It may be best to try to resolve the situation by first contacting your neighbor and explaining your concerns. You might tell your manager that you are being kept awake by noise from your neighbor’s bird, but that you will approach your neighbor first, before asking him for assistance.

If your neighbor refuses to cooperate, it is time to involve your manager. Your manager should contact your neighbor and issue a notice to keep the bird quiet. If the noise continues after all this, your manager should take action. A mediation program may be of help in resolving this problem.

Wheelchair Doesn’t Cause Abnormal Wear

Q: I have finally located my ideal apartment; it is close to my job and my daughter’s day care; it is also wheelchair accessible for me. Unfortunately, the manager seems reluctant to rent to me because he says that my wheelchair may cause the carpeting to wear out prematurely. What can I do?

A: The ordinary wear and tear caused by the wheels of your chair should be regarded in the same way as wear and tear on the carpeting caused by foot traffic and does not constitute “substantial physical damage,” as interpreted in the 1988 Fair Housing Amendments Act.

Of course, you will want to assure the manager that you will follow the same standards required of other tenants, should the carpet become soiled or torn. Additional information about accommodating the disabled in rental housing may be obtained from your local fair housing agency, or the U.S. Department of Housing and Urban Development.

Landlord Balks at Unmarried Couple

Q: My boyfriend and I wanted to find a two-bedroom house to rent. We went through a local real estate agency, and the agent we worked with showed us a number of places. One in particular was to our liking, and we told the agent that we wanted to rent the house.

The agent said he would recommend us as tenants to the owner, but when he called us that night, he told us that the owner made it clear she didn’t want to rent to unmarried people. Is that legal?

A: It is illegal to rent to people on the basis of their marital status. As long as you qualified for the house, the owner is obligated to consider renting to you. Furthermore, a real estate agent who knowingly works with a client who does not uphold fair housing laws can be liable for contributing toward discriminatory practices.