‘Oddball’ move-in fees questioned

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Q: I’m looking to rent at an apartment complex that imposes some oddball fees when tenants move in. In addition to the security deposit, they impose a one-time "initiation fee" (for showing a new tenant around, I guess), a "key fee," and a "lock change" fee. The lease says that I’ll have to pay $250 if the landlord consults his attorney about a problem with my tenancy, and another $500 if they have to serve eviction papers. Is all of this legal? –Orville V.

A: This landlord has figured out a way to move some routine business expenses, which most landlords consider to be overhead, to their tenants’ accounts. These fees can add up to quite a hefty move-in cost, and in states that don’t limit their use, only the market will curb the landlord’s greed. If the move-in costs are so high that tenants look elsewhere, the landlord will be forced to lower them in order to attract applicants.

In a few states, charging fees for expenses related to move-ins is illegal. In California, costs associated with processing a new tenant used to be routinely imposed by a notorious San Francisco landlord, who defended his practice as legal under the state’s security deposit law. That law provided that money collected at the start of the tenancy, to remedy damage beyond normal wear and tear and to cover unpaid rent, must be refunded. Fine, said the landlord — these fees are not intended to be refunded, nor do they cover damage or unpaid rent, so they’re not in violation of the law. The state Legislature promptly amended the security deposit statute to state that security deposits include move-in fees, which made them refundable. Thus ended this landlord’s tidy profit center.

Assuming you are not clearly protected by law from this practice, is there anything you can do? Practically speaking, the last thing you want to do is to rent there, then immediately begin a court challenge to the practice. Your best bet is to size up the total amount of the rent, the market, and any available alternatives, then decide whether it’s worth your while to become a tenant. One way of thinking about the fees is to consider them as additional rent spread across the life of, say, a one-year lease. If the resulting monthly rent is still comfortably within market rates (and you have the cash to fork out), you may decide to rent there; but if not, look elsewhere.

What you’ll probably find is that the advertised rent is slightly below market rates (that’s how the landlord attracts interest), but when the fees are added and spread across a year’s stay, the rent rises to market level or above. The landlord is counting on hooking his prospects with a low rent (and a good presentation), and hopes that the added fees will be something prospects will reluctantly swallow after they’ve become attached to the rental.

Regardless of your renting decision, don’t put those fees out of your mind just yet. Especially if they’re excessive, they should be challenged. Your legislator needs to learn about this practice, as did legislators in Oregon recently. That state’s Legislature has passed a landlord-tenant bill (which the governor is expected to sign), which, among other things, limits the amount and purpose of move-in fees. Landlord groups supported the bill, figuring correctly that if landlords need to cover their overhead, they should do so straightforwardly with adequate rent.

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Q: I applied for an apartment at a large complex in Newark, N.J., and was flabbergasted to see that the rental application included a place for me to record my race. I thought this kind of questioning was totally illegal, but the leasing agent assured me that not only is it legal, but he is required to gather that information. Can this be so? –Lisa F.

A: At first blush, what you report does seem wrong and illegal. The federal Fair Housing Act, which applies to most landlords (owner-occupied properties with four or fewer units are exempted), prohibits discrimination on the basis of race and other protected classifications. (In many states, state law extends the same prohibition to those exempted under the federal rule.) Bluntly asking about a prospect’s race could be the first step towards an illegal policy of refusing to rent to people in that group. And the question alone could certainly discourage applicants of a particular race from pursuing their applications. In this respect, the question is no different than, say, an advertisement that makes it clear that young people with families aren’t welcome ("Mature, quiet community"). Conveying a preference for or against a protected class is itself a fair housing violation. …CONTINUED