Landlords are allowed to deny housing on the basis of legitimate business reasons. A few examples of this include credit history, income, references from past landlords, and past behavior, such as damaging property. Housing discrimination refers to a person being denied housing due to their membership to a protected class, and not for any legitimate business reasons.
Protected classes include:
- Race;
- National origin;
- Color;
- Religion;
- Sex;
- Age;
- Disability, whether physical or mental; and
- Pregnancy.
There are state and federal laws in place that make it illegal to deny someone housing based solely on the above mentioned characteristics. Biased treatment is unlawful during housing related activities, such as renting, buying, and lending. Additionally, it is prohibited to select tenants based on their familial status, such as having children, or their marital status.
Examples of housing discrimination could include:
- A landlord requiring that an interracial couple utilize application criteria that is more burdensome than that required of other applicants;
- A bank refuses to provide loan information to a person based on their protected class;
- A real estate broker acting on behalf of a contractor publishes the availability of a newly built housing complex as being for white tenants only. In such cases, both the broker and the contractor would be engaging in discriminatory behavior;
- A landlord advertising an apartment for sale and confirms with an inquiring couple, on the phone, that the unit is available. However, when the couple arrives to the unit thirty minutes later, and the landlord sees that the couple is interracial, they are told that the unit has since been rented; and
- A potential renter wearing clothing associated with a particular religion visits a leasing office in which it is clearly stated that there are units available, only to be told that the signage is incorrect.