Housing Discrimination and Accommodation |
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There are many legitimate reasons for a landlord to reject you as a tenant, like a bad credit report, unstable employment history, or bad references from prior landlords. In today's housing market, landlords often use some sophisticated tools to help make sure that they get "good" tenants: tenants that pay rent on time and don't cause the landlord problems.
But, landlords have to be careful. You can't be treated differently than other tenants because of some personal characteristic or feature. Federal law bars them from refusing to rent to you based upon things like your race or disability. And, many states have similar laws.
So, if you're the market for a rental, you should know some things about discrimination in rental housing so that you can protect your rights.
Anti-Discrimination Laws in General
The federal Fair Housing Act (FHA), makes it illegal for a landlord to refuse your application to rent a dwelling, like a house or an apartment, based upon things like your: :
- Race
- Color
- Religion
- National origin
- Sex or gender
- Family status, which covers persons who have children under 18 years old or who are pregnant
- Handicap or disability, which includes physical or mental conditions, such as being wheelchair bound, blind, deaf or mentally retarded (developmentally or intellectually disabled)
There is an exception from the family status provision for housing that qualifies as housing for older persons, or seniors. In order to qualify, the housing must:
- Be designed for and occupied by elderly persons under some federal, state, or local government program, or
- Have occupants who are 62 or older, or
- Have at least one person who is 55 or older in at least 80 percent of the occupied units, and the building has and follows a policy that demonstrates an intent to house persons who are 55 or older
In addition, most states, and even some cities, have very similar anti-discrimination laws that are stronger than the FHA. For example, some state and local laws make it illegal to refuse to rent to persons based upon characteristics such as marital status and sexual orientation. If you think you're being treated unfairly, check laws in your area or talk to an attorney to see if a landlord is discriminating against you.
Related Resources on Lawyers.comsm
- Access hundreds of legal forms that cover a wide range of personal and business legal needs, including including rental agreements for a home and an apartment.
- Read Rights & Responsibilities of Tenants, Rights & Responsibilities of Landlords, or access more Landlord and Tenant and Discrimination articles and information
- Find a Real Estate Law attorney in your area, and read about Selecting a Lawyer
- Visit Lawyers.comsm Landlord and Tenant forum for more feedback and help
Related Web Links
Fair Housing Administration (FHA)