Instances where it would be permissible to refuse to rent to a convicted sex offender:
https://www.rentprep.com/tenant-screening-news/do-i-have-to-rent-to-a-sex-offender/
If the guy doesn’t take the money, I’d tell the female tenant everything. Let her out of her lease and I’d give HER that money or pay for her moving expense if she chooses.
Its going to be hard for a sex offender to rent another apartment. So, it is highly likely your tenant will refuse your “key” money. And there is no real other legal methods to remove him if he does not commit another crime. I think you might have to suck it out if the money for key is rejected.
A possible solution is to offer a substantial amount. That means not only you pay a good amount for him to move but also pay his future rent for number of months. That is what we did to clear a large mobil park tenants for development. Everyone got a windful when they move.
We often have multiple candidates interested in an apartment, so we can choose among them without explanation as to reasons. We don’t HAVE to rent to anyone who asks regardless of their circumstances or status.
It sounds like your husband needs to tell your BIL that ALL candidates will be vetted in the future. Just make it a policy. That’s what we do for church volunteers, even if they’ve been members for many years.
BIL doesn’t sound like a business partner I’d want.
You never mentioned if you have a signed lease and what the conditions of that lease are. I find it hard to believe that a lawyer would say “Sorry, you’re S.O.L.” and offer no legal options - so you must have a signed lease w/ very specific parameters regarding eviction, rules and rights.
While he’s not legally obligated to inform his neighbors about his status, he was probably obligated by law to disclose his SO status to YOU prior to signing a lease with you (SOs are not like other convicted felons; they are on a national registry for life for a reason - different rules apply).
Is there ANYTHING on your lease with him that asks about prior convictions, legal status, etc? If so, and he didn’t disclose it, you can argue he misrepresented himself and it’s a breach of the contract.
Sex offenders are not protected under fair housing laws. If he did 12 years for rape (and did the things you say he did), he’s clearly a level 3 offender and by nature poses a risk to your family and others - PERIOD.
You aren’t “obligated” to rent to a registered sex offender, but now that he’s already on your property, I would suggest finding a better lawyer.
Yeah, SO is on an 18-month lease. Apparently, here, it is not legal to discriminate just because someone is on the registry. There’s no requirement that he disclose his status to landlords or potential landlords.
As of right now, the situation is somewhat ambiguous. He’s ostensibly looking for another apartment, but it’s not an easy matter.
How did you bring this up with him? Did you ask him to move?
@sylvan8798 – do you know how long ago the offense took place? I’m asking because in another comment you said that your BIL felt he fit the “type” of tenant who does well in the smaller apartments - -“older, single, disability, fixed income,” — I think in terms of your own comfort level & concerns about risk there’s a difference between renting to someone who only recently was released from prison vs. a person now in his 70’s who committed a serious crime in his 20’s. Not that the offense could ever be justified, — and of course there are a whole range of issues and a whole lot of possible scenarios between the two examples I suggested — but the “older” + “disability” part suggests the possibility that this person may now be too infirm to represent much of a danger to anyone. (Of course, “disability” can mean all sorts of things as well).
@OhiBro - sex offenders are not a protected class.
@CIEE83 , is that a legal opinion, or your interpretation of the fair housing law?
I won’t post a single link because, drawing on several links, opinions seem to vary. And I can’t tell if there is a prevailing legal opinion.
H and BIL met with him and asked him to move. The offenses were from before and in 1993. SO was in his 30’s and is almost 60 now. I’m not sure what the disability situation is, but that’s where at least some of his income is from. They (H and BIL) don’t seem to think he’s very much of a threat now, but sheesh.
^I’ve often thought that it must be nice to be a man and not have to worry about sexual assault the way that women do, all the time. Every time I go for a run outdoors, it’s in the back of my mind. If I was the female neighbor, I would be terrified. A 60-year-old man is still a threat.
True. I recently read that one of the main reasons women in Los Angeles do not take public transportation is fear of being accosted sexually. There are physical and verbal assaults and those fondling themselves and nothing is done about by transport security.
I struggle with this issue at my job in the hiring context. We have retail stores, and often have to make judgments about prior felonies. You are required to consider the circumstances, and some of the decisions are tough ones. For example, a sexual offense at 18 for indecent exposure for peeing in the park at night after some beers is a lot different than many other offenses. A minor drug charge (pot) is a lot different from having served time for dealing hard drugs. Since retail is customer facing, we are extremely strict about any offense against a minor. For other things, we have to consider how long ago the offense happened and any other circumstances. First priority is to protect our employees and customers. In this case, first priority is to protect the other tenants.
If I were the single woman tenant living next door to the convicted rapist who is 60, you bet I’d be wanting him out or me out ASAP. That sounds terrifying.
OP, I’m so sorry you’re in this situation. Our property manager screens all our tenants and mostly seems to do a great job.
I refuse to park in a parking garage by myself, unless I’m forced to like at a doctor appt. and that’s the only parking around.
60 is still very much a threat.
@OhiBro - From Nolo.com: “The Federal Fair Housing Acts (42 U.S. Code § § 3601-3619) prohibit discrimination on the basis of race, color, religion, national origin, gender, age, familial status (having children), and physical or mental disability (including alcoholism and past drug addiction). In addition, many states and cities also prohibit discrimination based on marital status, gender identity, and sexual orientation.”
I don’t see anything about not being allowed to discriminate against violent sex offenders there. OP would have been able to reject the rental application; the problem is that the BIL didn’t.
My church just went through a very painful situation because of a level 3 sex offender. Twenty years ago, he was serving as an elder at our church when he was tried and convicted of multiple offenses against minors. These minors were family members. He went to prison for 3 years. When he got out, he went to a different church for a while, but after a few years came back to ours. In order to return, he had to always be accompanied by a male elder, and was not allowed near the children’s wing. He could only enter and exit via the front door, and could only use the single person men’s bathroom.
This worked well for a while, I am told, but as the years went by, he began to insinuate himself into low level leadership roles. The pastor and the elders and some long term members were all aware of his sex offender past, but new members like myself were only told of the presence of a sex offender in our church. As far as we know, he did not reoffend.
This all came to a head when those in the know realized that some of his volunteer roles put him into contact with unsuspecting women and children. The elders realized that he needed to come completely clean and that the entire church needed to be more transparent about who he was, what he had done, and what his restrictions were.
Paying one’s debt to society is not the same thing as being cured. Any house of worship can allow offenders like him to attend, but they have to be very clear to everyone who the offenders are. This guy asked for the pastor’s help in getting off the level 3 sex offender registry, so clearly he wanted to gloss over what he had done, even if he, at age 75, was no longer capable of offending. The elders put together a list of requirements that he needed to meet in order to continue attending church. They gave him 3 months in which to comply. Instead, he and his wife asked to be dropped from the membership roll. We are all so relieved.
The neighbor in the OP has every reason to be concerned. No one wants to live near a serious offender like this. I think the law requires him to disclose his status when he rents a place, so if he did not do this, you may be able to evict him.