Are managing committees of societies allowed to ban bachelors, students, and foreigners etc. as tenants?
Legally, the answer is NO. Societies cannot ban bachelor or foreigners from renting any flats in the society. The Constitution of India promotes equal opportunity for housing and living for all. It does NOT allow any housing society to ban tenants or buyers based on criteria such as age, marital status, caste, religion, nationality etc.
SO why are committees making such weird rules and enforcing them in Pune?
Well, it just not Pune. It's happening in other metros as well such as Bangalore and Hyderabad. Most committee members know that they were bachelors at some point in their life and it's not fair to prevent owners from renting flats to bachelors. However, they are being forced to take the extreme step due to the following reasons:
- Change in lifestyle and behavioural issues especially with the 'next generation' is causing increasing nuisance to neighbours
Frequently heard of issues created by bachelor-tenants:
- Inviting friends – both boys and girls late night in the house, late night parties, loud music, heavy smoking in the terraces, chatting in terraces by bachelors become s a major nuisance to neighbours.
- 24 X 7 working of IT and BPO companies and late night shifts has led to these employees thinking that its okay or normal to play music in the house, play sports on the society or swim in the society swimming pool late at night. This creates a major nuisance to neighbours.
- Statistics shows that theft and break-ins rates are high in the societies where bachelor-tenants are more.
- Continuously changing 'tenants' and resulting issues to societies:
frequent job transfers and onsite (foreign) assignment, bachelors tenants continue to change frequently. Also, many of these bachelors make it a group-like or hostel like living thereby causing nuisance to neighbours. With changing bachelors, it becomes a nightmare for societies to administer if police verification has been done for all tenants staying in the house.
- Lack of co-operation and compliance by Non-resident owners and especially NRIs is making the matter worse:
This is the bigger issue in societies which forces the committee to implement this rule. There are many owners who have rented flats to bachelors since they pay a higher rent in Pune and do not care if whether their tenants do not follow society rules. We have experienced owners test patience level of managing committee members by giving excuses when committees complain about nuisance being created by their bachelor-tenants:
- You cannot complain about nuisance created by my tenants. Managing committee has itself failed in its role. My tenants are already facing challenges in the society such as shortage of water.
- Since I am living out of Pune, how can the society expect me to complete the police verification of the tenants and check that who is actually living there?
- These are young; it is very natural of them to have late night parties. Even you and me used to have parties and friends late at night when we were bachelors.
- Guest house and service apartments have ever changing tenants. How can I control their behaviour?
What can non-resident owners so solve this issue in the long term?
- Comply with legal formalities: Provide the registered rental agreement to the society
- Comply with police formalities: Complete police verification of ALL bachelors staying in the house. Many owners have been put in jail for not doing this.
- Know your tenants – know who exactly is living there. Also have their detailed information including their parents contact details.
- Set clear expectations with the tenants about following society rules and not creating nuisance for others
- Take appropriate disciplinary action when complaints are received from the society.
- Spread the word – educate your friends and relatives about this issue and ask them to be 'responsible owners' when renting out flats in Pune.