“Non-existence of any law or bye-law for housing societies could be a reason for the problem of housing societies not allowing students or bachelors as tenants,” said Arvind Shah, advocate. “No bye-law bars any house owners from renting out or selling their property to any particular person or persons. However, a society, being a body of the apartment owners, is in a way, the owner of the land and so has the right to make rules by consent of society members. Such rules, like not allowing students or bachelors is possible by passing a resolution, in which the society members vote. Yet, if the house owner wants to rent out his property to students he has the right to challenge the resolution by calling it arbitrary,” he added.
Shah, however, said that since rules differ from society to society, so will the treatment of the case. There are societies that allow renting out of apartments to students on certain conditions and some that don’t allow them at all.
“One problems breeds another. Many working bachelors are going in for fake registered marriages just to get a house and they then go for divorce after the minimum required period of separation. Such activities are only the outcome of housing societies’ decision of not allowing bachelors as tenants,” said F Saran, a civic activist.
According to Asim Sarode, human rights activist, it’s the prejudiced attitude of people that makes life difficult for students. “Ideally, after police verification, students should be allowed as tenants,” he said.
Raghav Sinha, who had rented out his property in Wanavdi to four students in the city, could not renew the contract with his tenants because of his society not allowing the members to rent flats to college students. “The students at my flat came from decent family backgrounds and I did not have any trouble from them during their tenure as tenants. Though I could not extend their contracts, finding a new tenant is not an easy task, and I am planning to continue giving it to students again, against the rules of the society. I will approach the court if the society objects,” said Sinha.