what happened?
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Gun ownership and apartment living
- Thread starter BEREZKA
- Start date
what happened?
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That's why it's called "discovery." You never know what good it will do, but it's relevant to the case and should be asked.
Yeah, sue the crap outta them. They can't deny you based on that. It was an honest mistake and it's completely irrelevant.
Who says "they [the apartment management] can't deny you [a lease] based on that [you or a friend / possible roommate at this new apartment posing with what looks like an assault rifle]?
We aren't talking about PUBLIC HOUSING, are we?
This is private property.
Private property owners can exclude persons in possession of firearms. (OCGA 16-11-126, and see the recent Supreme Court of Ga opinion on the GeorgiaCarry.Org/ Philip Evans vs. Atlanta Botanical Gardens case.)
The ONLY ISSUE HERE is whether the private apartment management unjustly withheld a refund of the application fee, for being unreasonably arbitrary and discriminatory in their actions, even though they broke no criminal law nor civil rights law.
We aren't talking about PUBLIC HOUSING, are we?
This is private property.
Private property owners can exclude persons in possession of firearms. (OCGA 16-11-126, and see the recent Supreme Court of Ga opinion on the GeorgiaCarry.Org/ Philip Evans vs. Atlanta Botanical Gardens case.)
The ONLY ISSUE HERE is whether the private apartment management unjustly withheld a refund of the application fee, for being unreasonably arbitrary and discriminatory in their actions, even though they broke no criminal law nor civil rights law.
If possession of firearms IS a disqualifying factor for an applicant, wouldn't the apartment management be required to state that somehow to an applicant before accepting the $200 application fee? It's been decades since I rented an apartment but I seem to remember them telling me up front what the requirements for making application were...but can't remember if they told me what would preclude me from making an acceptable application for tenancy.
Courts in Georgia have ruled a party vested with contractual discretion
must exercise that discretion reasonably
and with proper motive,
and may not do so arbitrarily, capriciously, or in a manner inconsistent with the reasonable expectations of the parties.
To me, that means that if an apartment management company has a policy of rejecting applications for people who have handgun carry permits, people who are known to be active in the gun rights' movement,
or people who own firearms and intend to keep firearms in their leased apartment,
they better disclose that up front, at time they collect that application fee.
Especially in a state like Georgia where about 17% of the adult male population has a GWL, and probably 40% of households have a gun in them.
must exercise that discretion reasonably
and with proper motive,
and may not do so arbitrarily, capriciously, or in a manner inconsistent with the reasonable expectations of the parties.
To me, that means that if an apartment management company has a policy of rejecting applications for people who have handgun carry permits, people who are known to be active in the gun rights' movement,
or people who own firearms and intend to keep firearms in their leased apartment,
they better disclose that up front, at time they collect that application fee.
Especially in a state like Georgia where about 17% of the adult male population has a GWL, and probably 40% of households have a gun in them.
But, this apartment leasing company could probably say:
"we don't have any policy against gun ownership, but you sent us a picture of a man posing menacingly with an assault weapon, in an era where the public is scared of mass shooters, and now when there's violence in the streets and people armed with such assault weapons are regularly threatening to kill or actually killing each other...
YOUR act of sending us this picture has caused us to exercise our discretion and deny you the ability to rent here. That doesn't mean we wouldn't rent to anybody else who owns a rifle though."
"we don't have any policy against gun ownership, but you sent us a picture of a man posing menacingly with an assault weapon, in an era where the public is scared of mass shooters, and now when there's violence in the streets and people armed with such assault weapons are regularly threatening to kill or actually killing each other...
YOUR act of sending us this picture has caused us to exercise our discretion and deny you the ability to rent here. That doesn't mean we wouldn't rent to anybody else who owns a rifle though."
"It's going to cost us thousands of dollars to hire a lawyer to defend against refunding your $200, and against your discovery requests to find out whether our discriminatory practices are reasonable or not, so here's your f-ing money."
