Property Discrimination Lawyers

When searching for a new home, apartment, or condo, people can experience discrimination.

Housing discrimination occurs when a seller, landlord, leaser, or real estate agent violates your rights while trying to secure a home or rental space.

Federal and state laws have been established to prohibit property discrimination and protect people from being unfairly treated. One such law is the Fair Housing Act, which sets standards for everyone and defines what constitutes property discrimination.

What is the Fair Housing Act?

The Fair Housing Act is a federal law that prohibits discrimination based on race, color, religion, national origin, family status, sex, age, disability status, and pregnancy.

It applies to all aspects of purchasing or renting property and outlines specific actions that are prohibited, including:

1. Advertising or making statements that infringe on the rights of any protected categories: For example, a rental advertisement states, “No Asians allowed,” which clearly violates the rights of a protected category (race).
2. Falsely claiming a rental space is unavailable: For example, a landlord tells a prospective tenant with a disability that an apartment is already rented when it is, in fact, still available. This may be an attempt to avoid providing reasonable accommodations for the tenant’s disability.
3. Imposing more restrictive standards on certain people or denying rental space: For example, a property manager requires higher credit scores from applicants of a particular nationality, making it more difficult for them to secure housing than applicants from other nationalities.
4. Applying inconsistent terms, privileges, and deposit dates for renting properties: For example, a landlord offers flexible lease terms and lower security deposits to male applicants, while female applicants are given more stringent lease terms and higher security deposits.
5. Terminating a tenancy for discriminatory reasons: For example, a landlord evicts a tenant because they discover the tenant is gay, which constitutes discrimination based on sexual orientation.

Examples of Discrimination

Many forms of discrimination are prohibited under the Fair Housing Act. These can include, but are not limited to:

• Race and religion-based discrimination, such as prioritizing applications from a specific race or disallowing certain religious beliefs in a residential area.
• National origin discrimination, like offering discounts only to specific groups or inquiring about an applicant’s immigration status.
• Family status discrimination, where landlords refuse to lease space to families with children.
• Age discrimination, which involves setting different rules for different age groups.
• Disability discrimination, where landlords fail to provide reasonable accommodations for disabled individuals.
• Gender discrimination, such as denying housing to one gender based on security concerns.

What Properties Are Exempt from the Federal Anti-Discrimination Laws?

Certain residential properties are exempt from the federal Fair Housing laws for specific reasons, which are often designed to protect property owners’ rights or cater to certain communities’ unique needs.

Owner-Occupied Buildings with Four or Fewer Rental Units

This exemption gives small-scale landlords more control over selecting their tenants, especially when they live in the same building. This is often referred to as the “Mrs. Murphy exemption.”

For example, a homeowner rents out three units in a four-unit building where they also reside. They are exempt from certain provisions of the Fair Housing laws due to the small scale of their rental operation and their proximity to the tenants.

Single-Family Housing Rented Without Advertising or a Real Estate Broker

This exemption allows individual homeowners more control over who they rent their property to when renting without involving third-party advertising or real estate brokers.

For example, a homeowner decides to rent their single-family home to a friend without using any advertising or a real estate agent. This arrangement is exempt from the Fair Housing laws because it’s a private, direct agreement between two parties.

Housing Operated By Religious Organizations and Private Clubs for their Members Only

This exemption respects the rights of religious organizations and private clubs to preserve their unique beliefs and values by providing housing exclusively to their members.

For example, a church owns an apartment building and rents units only to its congregation members. This practice is exempt from the Fair Housing laws because a religious organization operates it for its members.

When Can You Be Legally Denied Housing?

Landlords must apply fair and objective screening processes for all prospective tenants. Legally permissible factors to consider when evaluating rental applicants include:

1. Credit history: A landlord reviews an applicant’s credit report and finds a history of late payments and a low credit score. The landlord may decide not to rent to the applicant based on their poor credit history.
2. Income: An applicant’s monthly income is insufficient to cover the rent and other living expenses. The landlord may deny the applicant based on their inability to afford the rental property.
3. History of non-payment of rent: A landlord discovers that a prospective tenant has been evicted multiple times for failing to pay rent on time. The landlord may decline the applicant due to their history of non-payment.
4. Prior bankruptcies: An applicant has filed for bankruptcy twice in the past five years. Based on this history, the landlord may be concerned about the applicant’s financial stability and choose not to rent to them.
5. References: A landlord contacts an applicant’s previous landlords and receives negative feedback, such as complaints about property damage, noise disturbances, or lease violations. Based on these poor references, the landlord may decide against renting to the applicant.
6. Certain types of criminal convictions: A landlord runs a background check on an applicant and finds a history of violent or drug-related offenses. The landlord may deny the applicant’s rental application based on concerns for the safety and well-being of other tenants and the community.
7. Pets: A rental property has a strict no-pets policy, and a prospective tenant has a large dog. The landlord may decline the applicant’s rental application due to their inability to comply with the pet policy.

When Do I Need to Contact a Property Discrimination Lawyer?

As you search for a rental property or a home to purchase, you must be aware of potential discrimination. If you suspect you have been a victim of housing discrimination, consult a real estate lawyer to determine your next steps and possible legal actions.

LegalMatch is a platform that connects clients with qualified attorneys in their area who can help them with their legal issues, including property discrimination cases. By using LegalMatch, you can find attorneys who practice property discrimination law and have experience in handling similar cases.

To start, you can visit LegalMatch’s website and complete a brief form describing your case. The platform will then match you with attorneys with experience in property discrimination law and are available to take your case. You can review each attorney’s profile, including their experience and ratings from previous clients, and choose the one you think best fits you.

Working with an experienced property discrimination lawyer can help you understand your legal rights, evaluate the strength of your case, and determine the best course of action to protect your rights. They can also represent you in court or negotiations with the other party, working to secure a fair outcome for you.

If you believe you have been a victim of property discrimination, consult with a lawyer as soon as possible to protect your rights and explore your legal options. LegalMatch can help you connect with qualified lawyers to assist you with your case.