Can housing society refuse bachelors?

Wondering can society restrict bachelors tenants? In India, the issue of housing societies refusing bachelors has sparked debate. Let’s explore the legality and rights involved:

1. Rights of Housing Societies:

   • Housing societies have the autonomy to set rules for their residents’ well-being.

   • These rules may include restrictions on tenant types (e.g., families only or no bachelors).

2. Discrimination Debate:

   • Critics argue that refusing bachelors is discriminatory based on marital status.

   • Proponents believe it maintains a certain lifestyle within the community.

3. Legal Perspective:

   • The Constitution doesn’t prohibit renting to bachelors.

   • Any discriminatory rule may be challenged in court.

4. Steps to Take If Refused:

   • Gather evidence of discrimination.

   • Seek legal advice if needed.

I hope this answers your query can housing society refuse bachelors.

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We all know young bachelors living in major cities like Delhi, Mumbai, or Pune have a significant likelihood of experiencing difficulties while searching for an apartment. This violates the fundamental right to live without experiencing any form of discrimination based on your gender, religion, class and marital status for that matter. I also faced challenges while finding a house to rent. I asked many people can housing society refuse bachelors; I got to know a few things which I feel might help you if you are facing similar challenges.

Can housing society ban bachelors?

The society is an identified service provider under the Consumer Act. The society is accountable to its members, who also include their renters, for providing basic services and for maintaining public facilities. Society is not considered to be a property owner. They are therefore incapable to control the kind of renters who are permitted to occupy the property. The decision to rent out a property to any renter comes completely under the owner's authority.

All people in India are guaranteed the basic freedom to travel and reside anywhere they choose. It is with the exception of prohibited and restricted areas, under the Indian Constitution's Fundamental Rights. Neither the Banned nor the Restricted areas apply to residential areas or flats. A bachelor tenant's ability to fit into society can therefore not be restricted for any purpose. The Indian Constitution's Article 19(1) is clearly violated by not permitting bachelors. This will help you understand can a housing society ban bachelors.

What are the limitations of a housing society?

• The Constitution does not contain any provisions prohibiting the rental of a home to bachelors.

• Any law that violates your fundamental rights may be questioned in court.

• Even if your society decides anything depending on the number of votes, such judgement will not stand up in court.

• The only limitations that the Society may set are on whether the property may be rented out for a profit.

• Society may establish activity regulations for the protection of the residents.

• The housing society rules do not have the same authority as the law.

• Societies cannot disregard fundamental rights or adopt legislation that is unconstitutional.

This is what I noticed about can housing society refuse bachelors.