|
|
|
 |
FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
|
|
|
|
Posted on 01/16/2003 6:09:50 AM PST by pabianice
Matt Piasecki thought he had an ideal living situation mapped out for his senior year at Penn State, living downtown with three of his closest friends.
But the junior business management major's prospective realtor rejected him as a tenant. Based on an act originally intended to protect soldiers, Piasecki said his membership in ROTC disqualified him from being considered as a tenant.
Piasecki, a two-and-a-half-year member of Penn State's Navy ROTC program, went to the Apartment Store, 444 E. College Ave., with his friend Kevin Hodges (junior-management science and information systems) in early December. The two planned to add their signatures to a four-person lease on an apartment in Sutton Court Apartments, 650-674 E. Prospect Ave.
After looking over Piasecki's application, a representative of the Apartment Store informed him he would not be accepted as a client. She had noticed that Piasecki planned to graduate in May, at which point the ROTC member would become an active member of the military.
Based on the Soldiers' and Sailors' Civil Relief Act (SSCRA) of 1940, the Apartment Store denied rental to Piasecki, Hodges said.
The act, designed to protect soldiers and their families, allows a person to terminate certain contracts, including residential leases, in the event that he or she is forced to relocate for military duty. The act protects people from suffering any consequences as a result of such cancellations.
"Based on this act, a landlord could not enforce a lease against someone who is called to active duty, including ROTC," said Ron Friedman, attorney in real estate law and author of the book Pennsylvania Landlord-Tenant Law and Practice. "If he's called to active duty during the time of the lease, the lease ends."
Bruce Heim, CEO of the Apartment Store and a 1963 West Point graduate, said he was not aware that his company had refused to rent to Piasecki or any member of ROTC.
"I am far removed from any aspect of my company that would have played a role in this decision. We care fervently about ROTC and any student that would be involved in serving our country," Heim said. "I taught ROTC when I was in the service. That doesn't make any sense at all."
The Apartment Store's decision has left Piasecki and his three friends uncertain about their living circumstances next fall.
"I'd signed the lease seconds before they told us they wouldn't rent to Matt," said Hodges. "So as of right now the three of us are in and bound to the lease, missing a fourth roommate. And Matt, who wanted to live with us, has no place to live."
Piasecki said he offered to sign any contract they could draw up or even pay the full year's rent up front, but the business would not repeal its decision not to rent to him.
"It makes me mad because it's an act that's supposed to protect the people going away to war, but instead they're using it to discriminate against people just so they can reduce risk on their part," Piasecki said.
Friedman said membership in ROTC was not a classification protected from discrimination in Pennsylvania.
"If it's not a prohibited classification, then the Apartment Store could do this," Friedman said. "On its face, what they are doing would appear to be legal."
John Hanna, property manager of Continental Real Estate Management, 333 S. Allen St., is among some area realtors who said they would not hesitate to take students like Piasecki on as clients, despite the act.
"If someone were to get active orders while under a lease, yes, I would rent to them," Hannah said.
Larry Frankel, legislative director for the American Civil Liberties Union of Pennsylvania, was unaware of realtors refusing to rent to someone based on affiliation with ROTC.
"I would think with the patriotic fervor that's in this country that many landlords wouldn't want to go that route," Frankel said.
Heim, upon learning of Piasecki's situation, stated that he would look into the matter and attempt to aid the student in gaining clearance to sign the lease.
"The policy is we rent to anybody," Heim said. "I'll make sure this is taken care of."
Attorney General Mike Fisher
Strawberry Square
Harrisburg, PA 17120
Phone: 717-787-3391
Fax: 717-783-1107
Email: info@attorneygeneral.gov
|
|
|
|
|
FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
|
|
|
|
Anyone have contact info for this guy? Sounds like he is in the best position to do the right thing.
Or maybe just GPS coordinates to target a Tomahawk. . .
Then DO something about it, Woop.
End of story. The CEO is on the kid's side and is going to step up. Good for him.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.