Rental Application Process (Part 3 of 6): Acceptable Reasons for Refusing and Applicant; Documents to Provide in Denial; Documents Required Upon Acceptance

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Acceptable Reasons for Refusing an Applicant

After the application has been filled out, if you see that it is not complete return it. If you see something that may result in immediate disqualification such as a recent felony conviction that violates your published screening criteria, s, discuss it with the individual right away. If the prospective resident insists that you process the application then do so. However, in general, be very careful about rendering, in advance, any opinions about acceptance or rejection, since it could be used against you as evidence of discrimination if the applicant is the member of a protected class.

Under normal circumstances you will be justified in refusing an applicant if he or she:

• Cannot provide identification. You should always ask to see a driver’s license or military ID and social security card to verify the application.
• Will not furnish references from a previous landlord.
• Has pets and your policy firmly forbids pets.
• Has a history of property destruction.
• Has bad credit and/or several unpaid debts.
• Has a criminal record that may jeopardize the security/safety of residents.
• Has a history of disturbing neighbors or violence.
• Does not earn enough to qualify for the rent which you are asking (the month’s rent should not exceed one week’s take home pay).
• Cannot pay one month’s rent in advance.
• Cannot pay security deposit/fees in advance.
• Has several large objects which cannot be stored on the premises.
• Plans to use the premises for something other than living purposes (for example operate a business).
• Writes the initial check that is not honored at the bank.
• Has more than the allowed number of vehicles.
• Falsifies information on any form.
• Fails to sign the rental agreement.

Documents to Provide in Denial of Tenancy

Unless written notice of the name and address of the screening service or credit reporting agency has previously been given, the landlord shall promptly give written notice (MHCO Form 10) to the applicant. The notice (MHCO Form 10) must include the name and address of the service or agency that provided the report upon which the denial is based. If the denial is based on a credit report then additional information must be provided (MHCO Form 10A). The Fair Credit Reporting Act prevents you from telling an applicant what is on their report, but you must refer them to the credit check source listed on the screening report.
Documents Required Upon Acceptance of Residency

In order to comply with Oregon Law, and to provide accurate records, there are several forms that are to be completed when the applicant is accepted to become a resident in the community. These forms should be completed after you have reviewed the resident’s application, and completed all background checks and tenant screening, but before the resident moves into their home.

Copies of the following forms should be given to the new resident:

• Copy of signed Rental Agreement signed by both manager and new resident
• Copy of Park “Rules and Regulations” signed by the new resident
• Copy RV Storage Agreement if applicable.
• Copy of Pet Agreement if applicable
• Copy of “Statement of Policy” (with exhibits) signed by the new resident
• Copy of Receipt of Statement of Policy

The following documents should be in the new resident's office file:

• Signed “Receipt of Statement of Policy” (signed before signing rental agreement)
• Signed Rental Application
• Signed Rental Agreement (signed by both manager and new resident)
• Park "Rules and Regulations" signed by the new resident
• Statement of Policy (with exhibits) signed by the new resident
• Emergency Contact Information
• RV Storage Agreement (if applicable)
• Pet Agreement (if applicable) signed by the new resident
• A copy of criminal, credit and rental checks. Remember, credit check results are confidential
• Age verification (if 55 and Older Community)

Remember – Do not permit occupancy until all necessary agreement, rules and the rental agreement are signed.