Housing Discrimination and Accommodation

There are many legitimate reasons- such as a bad credit report, unstable employment history or bad prior landlord references- for a landlord to reject you as a tenant.

But it's illegal for a landlord to treat a tenant differently because of:

• Race
• Color
• Religion
• National origin
• Sex
• Age
• Handicap
• Marital status
• Sexual orientation
• Family status (such as whether you have children)

The federal Fair Housing Act prohibits landlords from discriminating by:

• Advertising for a preference for a particular skin type, religion and so forth
• Having different standards (on credit checks, financially or otherwise) for different groups of prospective tenants
• Refusing to rent to certain types of people
• Ending a tenancy for discriminatory reasons

State laws differ, so it's important to check your local fair housing laws.

If You're Disabled

Federal laws prevent a landlord from discriminating against a disabled person, whether their disability is physical or mental.

A potential landlord isn't allowed to ask questions about your disability or ask for proof of your disability.

A potential landlord may, however, screen disabled applicants according to the same financial standards and other criteria as anyone else.

A landlord must accommodate a disabled person's needs, at the landlord's expense. This may include:

• Installing a ramp for wheelchair access
• Providing close parking if parking is provided to other tenants
• Modifying kitchens by lowering countertops and installing more accessible and safer appliances and plumbing.

A landlord doesn't have to make modifications that would make the space unusable by a future tenant.

One compromise is to make accommodations temporary, so that they can be removed at the end of your lease.

The landlord must approve any tenant improvements ahead of time.

The landlord is entitled to ask for medical proof that the modification is necessary, such as a note from your doctor. The doctor doesn't have to explain why you need the accommodation, only that the modification is necessary.

Filing A Discrimination Complaint

If you think a landlord has discriminated against you, you can contact your local human rights commission or tenants' union for more information.

You can also file a federal complaint with your local office of the U.S. Department of Housing and Urban Development (HUD) as well as your state Attorney General's office. You can find the phones in the government section of your local phone book.

Complaint forms are online, or you can fill them out in the HUD offices.

You must file a federal discrimination complaint within one year of the discriminatory act.

HUD then has 100 days to investigate the complaint and decide whether it should go to an administrative hearing.

HUD will usually have a mediator work with you and the landlord in what's called a "conciliation," aimed at settling your dispute. If you can't reach a settlement, an administrative hearing through HUD may be necessary.

You also have the option of filing a lawsuit in federal or state court.

You must file a lawsuit within two years of the time the discrimination occurred.

It's often difficult to prove in court that you were discriminated against for personal reasons.

But if you win, you'll likely to receive a judgment for damages, which would include any higher rent you've had to pay because of the discrimination.

Because your damages aren't likely to cover the cost of bringing the case, lawsuits are often a losing proposition in the long run.

Even if you decide not to bring a lawsuit, it's important to put the landlord on notice that his or her behavior is illegal and should not be repeated.

Civil Rights Message Board for more help