Should an employer be required to hire the first qualified applicant for a job? Should a landlord be required to rent an apartment to the first qualified applicant? There are people who argue that a ‘first in line’ law is the best way to discourage discrimination in hiring and renting apartments. The Berkeley city council and the rent board are both considering a ‘first in line’ rent law. They already have such a law in Seattle. Currently, a landlord can rent an apartment to any qualified applicant. A ‘first in line’ law would require that a landlord rent an apartment to the first qualified applicant, thus eliminating the selection process. But would a ‘first in line’ rent law have any effect on employment or housing discrimination? There are already quite a few laws that ban employment and housing discrimination. If an applicant for an apartment claims that a landlord did not rent to him because of the applicant’s race, gender, disability, family status, etc; already existing federal and state discrimination laws require that a landlord show that he had a rational and non-discriminatory reason for picking another tenant instead. The penalties for job and rental discrimination can be very large.
There are many factors that go into a landlord’s decision to rent to one applicant over another. Tops on the list is the ability to pay the rent. It is not unusual for someone to apply to rent an apartment that the applicant cannot afford. On many occasions, I have received applications from people who had no obvious way to pay the rent. When that happens, I ask an applicant questions about how he or she will pay the rent. Sometimes people, especially college students, have financial resources that do not appear on an application form, such as grants, student loans, savings, or money from parents or grandparents. My father sold furniture for a living, all of it on credit. I learned from him that you are not doing someone a favor by selling him something that he can’t pay for.
WORST APPLICANT EVER.
‘Rent Is Theft’. Many years ago, I got an application for an apartment from a young man who I remember very well because of the way he was dressed. Ordinarily, how an applicant is dressed isn’t something that I remember at all, but even after all these years, I still remember how this guy was dressed. The guy was wearing a t-shirt that said ‘Rent is Theft’ on it. On the t-shirt were images of a crowbar, a chain, and a pair of bolt cutters. There was also a lightning bolt in a circle, an anarchist symbol. The t-shirt was black. A black flag is a symbol of anarchy. I had seen this t-shirt before. A street vendor on Telegraph Avenue sold them. The entire time I was interviewing this guy, he stared at me, looking angry. After a couple of minutes, I began feeling concerned for my physical safety. I was glad that there were other applicants in the room. Usually, the way an applicant is dressed doesn’t affect his chances of getting a rental from me, but in this case, it did. I rented the house to someone else.
Several weeks later, I told the owners of Homefinders about this guy. Homefinders was a rental agency that used to be in downtown Berkeley. They told me that they knew this guy very well because he was one of their clients. He had been looking for an apartment for a long time but kept getting rejected. They said that he always wore that t-shirt when he went looking for apartments. They told him to go home and change his shirt before applying for apartments, but he wouldn’t do it.
Here is the problem with a ‘first in line’ law- it is impossible to list all of the unusual situations that go into the decision who to rent to. I once saw a man on a motorcycle here in Berkeley wearing a helmet that was shaped like a World War 2 German army helmet. This helmet had the number ’88’ on it. I knew what that meant. It’s neo-Nazi code. ‘H’ is the 8th letter of the alphabet. ’88’ stands for ‘HH’, which stands for ‘Heil Hitler.’ If Berkeley passes a ‘first in line’ law, what would I do if I had an apartment for rent and this guy was the first qualified applicant? What would I do if I was an employer, and this guy was the first qualified applicant for a job?
Are there Nazis in Berkeley? Below are photos that I took in 2017 of a Nazi rally in downtown Berkeley at Martin Luther King Jr. Civic Center Park. There had been small Nazi rallies in Berkeley before, but this one was big. I suspect that these Nazis were not local residents but were from other places, possibly faraway places, who came to Berkeley to try to provoke a fight. They didn’t get one. There were a lot of Berkeley police there, and they made themselves conspicuous. Why did I go to this rally? After a previous event like this, I told people that I saw Nazis here in Berkeley, but nobody believed me. After all, this is Berkeley! That’s why I went to this event and took photos. It probably was not wise of me to go. I’m a Jew, and these people looked angry, but I wanted to take some photos so I could prove that this actually happened and that I didn’t just make up this story. You can see Berkeley’s old city hall and the main Berkeley post office in the background of my photos.
So – suppose the city council passes a ‘first in line’ law. What should a landlord in Berkeley do if the first qualified applicant is wearing a Ku Klux Klan t-shirt? What should a restaurant owner do if he is hiring a waiter, and the first qualified applicant is wearing a swastika armband?
You can see back issues of all my newsletters at Mark Tarses Newsletters