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We do background checks on all potential buyers. We have been seeing more single buyers who list partners as "others residing in home- which includes children as well). No information is given about the partner nor are the ages of children given. Can the board ask for more partner info.? And can we also do a background check on them? I assume we need releases.
In this case a google search of the name revealed a recent bankruptcy.
What's a board to do?
I don't believe you have a right to ask every adult occupant to sign a release to do a background check. Under the NYC roommate law any adult can have another adult as a roommate with no questions asked.
I do believe you have the right to ask for a list of people who will be residing in the apartment, and if minors, their ages.
Michael - You are correct. We do not do a background check on everyone who lives in the building. What we do during the purchase process is get releases from the purchasers and initial occupants (if they are not the same). Once we approve the purchase we do not run checks on any additional occupants. Thank you for pointing out the distinction.
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First, please remember that I am not a lawyer. You need to check with your attorney for definitive answers.
That being said, I believe you have a right to ask every adult *occupant* to sign a release to do a background check. I also believe you have a right to ask for children's ages because you have a responsibility to provide window guards if there are children under 11 years old living in the apartment. Just be careful about when you ask anything about children; do so after you've determined that the purchasers meet your financial requirements. If you reject the purchasers for financial reasons after you've asked about children, they could turn around and claim discrimination.
Again, check with your attorney about what questions and releases you can ask for and when you can ask for them.
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