Purpose:
This policy outlines the application process for residential apartment rentals managed by The Lucas Organization LLC. in compliance with Massachusetts state law and federal requirements. It provides clear standards for applications submitted directly to the management company and through partner agents, while ensuring compliance with fair housing and consumer protection laws.
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1. Equal Opportunity and Non-Discrimination
- It is the policy of the owner and manager of this property to rent our units without regard to a person’s race, color, religion, national origin, disability, sex, age, marital status, familial status, sexual orientation, gender identity, source of income, sexual harassment, victim of domestic violence, or any other arbitrary discrimination.
For more information, please reference our “Fair Housing Policy”
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2. Application Channels
Applicants may apply in one of two ways:
2.1 Direct Applications to the Property Management Company
- Applicants applying directly will be assessed using a scoring system that includes factors such as creditworthiness, income, rental history, and references.
- This point system is objectively based on quantifiable criteria and does not rely on subjective judgment.
- If any part of the application remains blank, applicant will be scored on the basis of non-blank sections and informed of their score. Approval requires complete information and passing score.
- The landlord may contact personal and landlord references to assess the applicant’s rental history and reliability.
- Applicants must:
- Complete and sign a rental application.
- Consent to a background check and credit check.
- Submit proof of income (e.g., pay stubs, tax returns).
- Provide government-issued photo identification.
2.2 Applications Submitted via Partner Agents
- Partner agents must submit a complete application package, which will be reviewed using the same standards as direct applications, but without use of the internal scoring chart.
- The landlord may also verify references and perform independent background and credit checks on these applicants.
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3. Background and Credit Screening
- All applicants must consent to a credit and background check as a condition of application.
- The landlord complies fully with the Fair Credit Reporting Act, "FCRA" (15 U.S.C. §§ 1681). Applicants will be provided with any required disclosures and notices as part of the screening process.
- Background screening may include a review of:
- Criminal history
- Eviction records
- Credit report and score
- Employment and income verification
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4. Immediate Disqualifications:
Applicants will be automatically disqualified from consideration for any of the following reasons:
- Falsified pertinent information.
- Eviction in the last two years for cause or nonpayment, where the nonpayment judgment remains unsatisfied (if applicable).
- No ability to pay or ability that cannot be verified.
- An income-to-future-rent ratio of less than three (not applicable if the applicant has a permanent rental subsidy).
- Inability to pay first month’s rent, last month’s rent, and/or security deposit, if required.
- Inability to move in on the landlord’s target rent date.
- Certain criminal convictions. Please see section 5 of this policy for more information.
- Possession of a waterbed or aquarium where forbidden.
- Household size exceeds legal occupancy as defined by the dual square footage requirements in 105 CMR 410.
- Declines to sign necessary paperwork.
- Demonstrated wanton disregard for cleanliness of car or other privately managed space, unless a request for reasonable accommodation is made.
- Current smoking habit, if smoking is forbidden at the property.
- Ownership of a pet not allowed by the property, or request for an animal unrelated to a verified disability.
- Unwillingness to accept the agreement terms (e.g., lease, tenancy at will), except when a permanent rental subsidy is involved.
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5. Criminal Record
- Applicants will be automatically disqualified from consideration for any of the following convictions in the past 5 years from the date of conviction or sentence completion, whichever is more recent:
- illegal drug manufacturing or distribution; or
- a violent crime; or
- a Massachusetts Class 2 or Class 3 sex offense; or
- arson - AT ANY TIME.
- Only convictions will be taken into consideration. Past drug addiction or alcoholism is a disability under the Fair Housing Amendments Act. Previous drug possession or alcohol-related convictions will not be considered. However, the sale, distribution, or manufacture of drugs; or current users of drugs will not be considered.
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6. Multiple Equally Qualified Applicants
- Absent other business considerations, in the event of multiple candidates who are more or less equally qualified, the objective tie braker will be the applicant who applied first.
- If the unit is no longer available we will hold your application on file for 90 days and contact you in the event of a vacancy of the same or similar size unit.
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7. Application Decision and Notification
- After review, the landlord will notify applicants of one of the following outcomes:
- Approved: The applicant is accepted and may proceed with lease signing.
- Approved with Conditions: The applicant may be required to meet certain conditions such as additional documentation, a co-signer, or increased security deposit, where permissible by law.
- Denied: The application is not approved. The applicant will receive a written notice detailing the reasons for denial, along with their rights under the FCRA, if applicable.
- The Property Manager/Landlord will make the decision based on legitimate business interests and will only take into account criteria that is reasonably related to the running of the property business in a competent, legal, and profitable manner.
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8. Reasonable Accommodations
- Applicants with disabilities may request reasonable accommodations in the application process.
- All such requests will be considered promptly and fairly in compliance with Fair Housing Act and applicable Massachusetts laws.
For more information, please reference our “Alterations & Modifications (ADA) Policy” and/or our “Pets, Service & Support Animal Policy”
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9. Record Retention
- All application materials, communications, and determinations will be retained for a minimum of three (3) years.
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10. Contact Information
For questions or concerns regarding this policy, tenants may contact the property management office at:
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11. Policy Updates
This policy will be reviewed annually and updated as necessary to ensure compliance with state and federal laws and to address tenant and operational needs.
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Effective Date: 23rd day of October 2023