The Confidentiality Rule
The confidentiality rule is invoked when a program tenant is the victim of a crime. Such as Victims of Domestic Violence known as a DV.
- In confidentiality cases, the agent is informed of the nature of the confidentiality but not the facts.
- The agent informs the owner of this condition. The owner then decides if they are willing to take on the tenant.
- If the owner takes on the tenant, the facts of the incident are never disclosed.
- The owner is told not to ask.
- The tenant agrees to abide by certain rules to protect their confidentiality.
I have had cases where an owner has declined such a tenant. Concern for the property and other tenants is one reason. However, fear that the victim may be found by the perpetrator is usually the main concern.
Note: There are NYCHA Section 8 tenants that fit the confidentiality rule. Unfortunately, Section 8 uses the term to avoid talking about any tenant. Which in turn leads to fewer owners participating in the program.
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Disclaimer: I am not a lawyer and nothing stated here is legal advice. This article applies to the five boroughs of New York. All information deemed accurate but not guaranteed. Always check the real estate laws in your part of the country.
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