So... Im trying to help a foreign national get in to an apartment. He has his own credentials and has enough credit, cash, etc to have lived in 2 different apartments so far.

Recently he tried to move in to an apartment complex who advertised a compelling question.

However he was subsequently denied because he didnt have 2 previous years tax returns as a business owner. The business was started Jan 2008.

Anyway, upon his application being denied he asked the apartment complex to give him back the copy of his tax return they made. The company refused to give him their copy of his tax return.

Is this legal or not? It doesnt sound legal, at least on the surface, but I figure Id ask around before looking in to it deeper.

1/16/2009 11:19:02 PM

Hmm, it sounds sketchy, but I wouldn't be surprised if on the application somewhere it says something about information used to research credit and any documentation submitted becoming property of the management company. There probably are legit reasons for them to keep it even upon denying an application since they could potentially be sued and would need to provide legal backing for their refusal under fair housing laws, etc.

It certainly wouldn't hurt to re-read the application and information waiver or to contact a legal service (student legal services or Legal Aid).

1/16/2009 11:35:07 PM

^yeah. i'm pretty sure any documents submited for housing purposes end up becoming part of the leasee's records. its a liability thing as Kurtis pointed out

1/16/2009 11:41:37 PM

Maybe I should go to law school, I'm usually pretty good at making educated guesses around this legal shit.

Individual tax returns are generally protected except for very specific reasons, but business tax records are a bit different as well.

1/16/2009 11:52:15 PM

Quote :

"advertised a compelling question."

What does this even mean?

1/18/2009 12:02:49 AM

it means i had been drinking before i wrote the post... much like right now

1/18/2009 1:52:35 AM

they're dicks if they don't at least make copies and give him originals. they are NOT required to have ORIGINALS.

1/18/2009 6:25:23 PM

^ they made copies of his originals which he got back.

He wants the copies they made given back to him.

1/19/2009 12:58:25 AM