2. Home
  3. Discuss!
  4. Multifamily Insiders Discussions
  5. The Front Lines
  6. Apartment Leasing
  7. Application Fees

Application Fees

Topic Author
Melissa Prins
  • Posts: 10
  • Thank you received: 0
10 years 3 months ago #14124 by Melissa Prins
Application Fees was created by Melissa Prins
Ok everyone. I need your help.

If an apartment community states the following:

"$200 deposit on approved credit. Application fee $35 per person, $40 per married couple."

Is this an FHA violation?
10 years 3 months ago #14124 by Melissa Prins
Gabrielle Gonzalez
10 years 3 months ago #14125 by Gabrielle Gonzalez
Replied by Gabrielle Gonzalez on topic Application Fees
I would say no
10 years 3 months ago #14125 by Gabrielle Gonzalez
Brent Williams
  • Posts: 1101
  • Thank you received: 110
10 years 3 months ago #14127 by Brent Williams
Replied by Brent Williams on topic Application Fees
In this situation, you would be discriminating against a single person right? If that is the case, they are not a protected class so you would be ok. At least, that is my opinion of the situation.
10 years 3 months ago #14127 by Brent Williams
Mindy Sharp
  • Posts: 535
  • Thank you received: 87
10 years 3 months ago #14129 by Mindy Sharp
Replied by Mindy Sharp on topic Application Fees
Not a violation, but probably a better solution would be to charge $35 per person as an Application Fee; then you would not have to be concerned about a fair housing violation. There are so many definitions of couples, married or not, that you could inadvertently set yourself up for a claim.
👍: Rose M
10 years 3 months ago #14129 by Mindy Sharp
Jeremy Lawson
  • Posts: 5
  • Thank you received: 0
10 years 3 months ago #14135 by Jeremy Lawson
Replied by Jeremy Lawson on topic Application Fees
Here is a follow up to this post. What if they are getting married the week before their move-in date so your LC charges them the "married couple" fee?

Personally not a fan of this verbiage. Very "old school".
10 years 3 months ago #14135 by Jeremy Lawson
Topic Author
Melissa Prins
  • Posts: 10
  • Thank you received: 0
10 years 3 months ago #14136 by Melissa Prins
Replied by Melissa Prins on topic Application Fees
Brent I agree with you. Familial status does not cover marital status.
10 years 3 months ago #14136 by Melissa Prins
Traci
  • Posts: 1
  • Thank you received: 0
10 years 3 months ago #14147 by Traci
Replied by Traci on topic Application Fees
We recently had the same question come up in our company. We decided to eliminate the discounted application fee for married couples since it could be discriminatory toward a same-sex couple. Even though federal fair housing law doesn't recognize the LGBT community as a protected class, HUD does, so we decided to go ahead and make the change pre-emptively.
10 years 3 months ago #14147 by Traci