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I'll email the Nooklyn real estate agents in the New York City area with a question about the property (e.g. floor level, elevator availability, cost of parking, etc.), and they almost always respond without answering the question, and saying they can show the apartment, but then ask for move-in date, income, and credit-score. Answering politely that I'll share my personal information after the viewing, they respond with "we can set up a viewing", and ask again about the above questions.

Refusal to provide them with this information, and the agent simply stops responding to emails and essentially prevents showing the property.

Is any of this behavior legal in NYC?

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KingsInnerSoul
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2 Answers2

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Yes

Businesses (and consumers) can choose who to do business with and what information they ask for and disclose and when they do that.

If you’re uncomfortable with how they do business, don’t deal with them. If they don’t like how you do business, they are free not to deal with you.

This is called discrimination. However, it is not unlawful because only discrimination against a person due to membership of a protected classes is unlawful. This person “won’t answer my questions” is not discrimination based on a protected class (unless they are a monk who has taken a vow of silence).

Dale M
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Sam Wilson: Found a place in Brookyln yet?

Steve Rogers/Captain America: I don't think I can afford a place in Brooklyn.

NYC is a very in-demand market, with many apartment-seekers being out-of-state dreamers, or local residents who have realistically been priced out of their own town by gentrification. This demand overloads landlords - ties up a lot of their time. Landlords need to efficiently screen out the unqualified, and "too low wage" and "too low credit score" are probably the #1 and #2 causes of rejection.

Is it unreasonable to collect salary and FICO Score? No.

Here's the thing. "PII" requires "Personal". Consider the following data:

  Steve      $95,000     720      June 1

Is this PII? No, it's not, because it doesn't definitely connect to a person. There are probably 100,000 Steve's in the NYC area, this doesn't say which one that is. Nor is there a viable path to misusing this data. It wouldn't be a data breach, because it's not connected with an identity.

If you don't want them having that data about you, then don't give them You - just let yourself be "Steve".

They would then proceed on the basis that they are willing to rent to any random person whose nickname is "Steve", on the basis that they make $95,000 and have a 720 credit score and want to rent on 6/1/21. After meeting you, their decision is made (so long as your facts actually do check out. Obviously if a credit check pulls a 380 score, then the deal is off.)

So if "Steve" likes the place also, then there's a meeting of the minds and now it's time: "Steve" discloses "My proper name is Samuel Thornton Hoppledinger GC, social 100-00-1234, employer is Acme Wing Nuts" etc. They run Steve's credit, checks out, rented.

They don't even need to retain that data

No need to even retain

  Steve      $95,000     720      June 1

All you really need is

  Steve      Claims Good Credit     June 1

And you don't even need to retain that. As long you have good processes, all you need to do is pre-check their qualifications to even enter the sales funnel. Now you only need to record

  Steve      June 1

and the mere presence on that list implies qualification. And that's not sensitive at all, even if merged with email, phone and other identifiable data.

Now, circle that back 'round to your experience.

An aside: common scams

Now, some landlords run a scam where they charge you $30 to run your credit, but don't actually run your credit and simply pocket the $30. Those landlords will want all your details, solely because they need to maintain the pretense that they will run your credit. They are unlikely to misuse your PII for other purposes, but you never know - least, someone else may fish it out of the trash can they threw your application in.

You are also talking to real estate agents not direct landlords, and obviously the agent is trying to place you in agency relationship with themselves, either to charge you a fee for finding you a home, or because they have agreements with select landlords to be paid a fee when they place a reliable tenant. In which case they will only show you certain properties where that agreement exists.

Another scam is trying to get you to sign an agency agreement, which is that they are your sole agent for your search, and you agree to pay them (if the landlord doesn't) even if you find a place on your own without their help. This is always bad news and the answer is "hell no".

Harper - Reinstate Monica
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