Question on Rights of Tenants/Landlords and firearm storage

[gonzoga51]

I ran into an interesting scenario at my club meeting tonight that is impacting a member and wanted to know if anyone else has run into this or is better informed on this issue.

The member in question is a female, who is applying to lease an apartment in a 55+ housing complex that is Federally subsidized. She has a valid MA LTC. When she went to check out the apartment and talk to the leasing agent, she mentioned she had some firearms and the leasing agent immediately said she could not keep any firearms in her residence if she rented there.

I don't have alot of rental experience, I know sometimes Landlords set policies such as no pets, etc. But can a landlord refuse to rent to you for exercisingthe 2nd Ammendment and being duly licensed to do so?-Granted she may have been wise not to bring this up in this state, but what are the rights of a licnese gun owner here?

If anyone has any experience with this I would appreciate the feedback so I can pass it along. It seemed bogus to me that she coudl be denied this right.

Thanks,

 

[Pilgrim]

If she signs a lease that says she can't keep guns, she's bound by the lease. She is in effect giving up her rights.

Anything that's in the contract, that she signs, she's agreeing to.

 

[Rob Boudrie]

If she signs a lease that says she can't keep guns, she's bound by the lease. She is in effect giving up her rights.

Anything that's in the contract, that she signs, she's agreeing to.

There are certain things you cannot agree to by contract, for example, paying your own water bill in a MA residential rental.

 

[Len-2A Training]

Rob, I can almost guarantee that giving up your 2A rights in a lease with a landlord won't be a "protected right" in MA!

She better look elsewhere and NOT mention it again!!

If she ignores them, I'll bet that they have some sort of "emergency" that causes them to snoop and find any evidence of guns (cabinet/safe/magazines on firearms/etc.) and proceed to evict her.

Don't ask, Don't tell! Read ALL the fine print in the lease agreement before signing.

 

[MichaelJ]

I never brought it up to my landlord or her son-in-law who bought my building when she sold it. Nothing in my agreement about it and if there was and I didn't want to break it I would walk. I would rather be safe than sorry...literally.

 

[LoginName]

Rob, I can almost guarantee that giving up your 2A rights in a lease with a landlord won't be a "protected right" in MA!

She better look elsewhere and NOT mention it again!!

If she ignores them, I'll bet that they have some sort of "emergency" that causes them to snoop and find any evidence of guns (cabinet/safe/magazines on firearms/etc.) and proceed to evict her.

Don't ask, Don't tell! Read ALL the fine print in the lease agreement before signing.

Since the unit is Federally subsidized, MA (state), rule probably has little say in the matter even if the person lived in a RKBA friendly state.

IIRC... long time residents in federally subsidized housing can be denied/evicted for minor infractions committed by anyone residing in a unit.

The person in question should contact HUD and get some clarification on the matter.

I wouldn't expect any positive outcome.

Edit to add...

Given that the HUD was part of the S&W "agreement", I would not be the least bit surprised that there was not some sort of "no firearms" policy in effect...

http://www.treas.gov/press/releases/ls474.htm

 

[bpm990d]

There was a case a few years ago where the City of Portland tried to put that in the lease agreements for Section Eight housing. The city lost in court. Not sure if it was Federal or State court.

B

 

[Rob Boudrie]

Rob, I can almost guarantee that giving up your 2A rights in a lease with a landlord won't be a "protected right" in MA!

She better look elsewhere and NOT mention it again!!

I do not disagree with any of that.

I was disagreeing with the statement that "if it's in the lease it's binding". It often is, but that is not always the case.

 

[FITH]

Also she could have asked if they "Will be liable for her safety"?

 

[GSG]

She could try to argue that it's a discriminatory lease, but I'd say it's up in the air in this state. I agree with others, there's no need to tell anyone anything.