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The Jewish Ethicist: Evicting Indigent Tenants

The Jewish Ethicist: Evicting Indigent Tenants

How can I make a profit without turning into Snidely Whiplash?

by

Q. Is it all right to convert affordable housing into market price rentals, knowing the elderly and disabled cannot afford to remain living there? Would it be better to accept government funding and let the needy remain, or get top dollar for renting the property? MV, USA

A. The mention of evicting the needy conjures up visions of the dastardly Snidely Whiplash of cartoon fame, or alternatively of the hard-hearted creditors who wanted to enslave the sons of the poor widow who turned for help to the prophet Elisha. (I Kings 4:1.) Yet most landlords have no sadistic tendencies; they only want to get a fair return on their property.

While society definitely has an obligation to protect the needy and keep them from being cast into the street, it's neither fair nor practical to expect this obligation, which applies to us all, to be borne solely by the landlords.

At the same time, it won't do for landlords to stubbornly stand on their rights, insisting that the property is theirs and they have the right to decide on the tenants and on the rental. Our Sages, following the Prophets, attributed the destruction of Jerusalem two thousand years ago to the low ethical standards of the residents. In particular, they said, "Jerusalem was destroyed because people insisted on strict justice, and were not willing to compromise." Property owners have to recognize that even if the war against homelessness is not theirs to fight, they are the ones on the front lines of this battle.

Other groups find themselves in a situation similar to yours. Employers cannot be solely responsible for helping the unemployed and drug companies cannot be solely responsible for providing medication to the needy, but they are in the front line. I think that you can learn from some methods used by these groups. For instance, many downsizing employers invest in outplacement services, helping laid-off workers to find new jobs or to acquire new skills. Some drug companies have tried to form alliances with NGO's (non-governmental organizations) who are working to improve medical care for the needy. And so on.

Following this model, your company might want to set up some kind of service to help tenants find suitable new dwellings. Additionally, you might want to work with government or community organizations that would help provide them with housing. The solution that you suggest, of accepting government aid, could also be considered. In cases where you do need to evict you should show flexibility so as not to do so when it would cause unusual hardship, for instance during the winter months.

An example of this principle is found in a famous story in the Talmud. A wealthy and righteous man hired some porters to move a barrel of wine, but due to their carelessness the barrel broke and the wine spilled. The man seized their coats as security against their damage liability, and then took them to a rabbi for judgment. The rabbi told the wealthy man to return their coats and even to pay their wages! When the man protested that this is not what the law requires, the rabbi explained that sometimes, righteous people need to do more than the law demands.

SOURCES: Babylonian Talmud Bava Metzia 30b and 83a; Shulchan Arukh Choshen Mishpat 312.

Send your queries about ethics in the workplace to jewishethicist@aish.com

The Jewish Ethicist presents some general principles of Jewish law. For specific questions and direct application, please consult a qualified Rabbi.

The Jewish Ethicist is a joint project of Aish.com and the Center for Business Ethics, Jerusalem College of Technology. To find out more about business ethics and Jewish values for the workplace, visit the JCT Center for Business Ethics website at www.besr.org.

JCT Center For Business Ethics

Copyright © JCT Center for Business Ethics.

Published: November 24, 2001


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Visitor Comments: 1

(1) james davis, November 26, 2001 12:00 AM

The question this article asks is a very compex one. On the one hand the landlord makes his living off of the rental of his apartments. On the other hand the indigent tenants must have a place to live. Afordable housing is not easy to find, especially for indigent people. If the landlord keeps his building as it is continuing to provide housing for indigent persons, this would certainly be a mitzvah for which the landlord will surely be rewarded in this world as well as in the world to come. While evicting the tenants would increase the landlords income, it would cause hardship on the tenants. If the landlord finds it necessary to evict the tenants, he could use some of the profits he will make to help those who were evicted. Unless the landlord urgently needs the profits from his property to pay his debts, I would think doing the mitzvah of keeping the building as it is would be preferable.

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