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Well known window replacement co. refused my order because the house is a rental and it needs to be owner occupied. This legal?

Portchester, NY |

I was refused because I did not live in the house. The house is a residental home.

Attorney Answers 5


  1. Provided it is not refusing to sell to you for a unlawfully discriminatory reason, a business is not obligated to transaction business with anyone. So if the business in question does not want to do business with owners of rental properties, it can certainly choose not to.


  2. Certainly a business can deny service to customers so long as they aren't violating a discrimination or other law by doing so.

    A residence need not be owner occupied to get work done on it. But, they probably would be much more comfortable if you were to prove that you are the owner. Or, go to a different vendor.

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com


  3. There is nothing illegal about that.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  4. If they have super low prices it may be that the is a government subsidy that offsets energy efficiency improvement costs to owner occupants. Nothing necessarily prevents you as the owner from occupying one of your rental units.

    Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.


  5. There's a difference in the way an owner or renter will treat the same item, especially when it comes to real property. Perhaps this company has had bad experiences with renters, who might typically be rougher on their product.

    I may be guessing or not licensed in your state. No atty/client relationship exists.

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