However, a non-violent crime that occurred many years ago is not as likely to justify a denial. Situations where a criminal conviction may arguably be significant in this context include those in which the offense at issue could reflect a danger to other tenants. If someone has an actual conviction in their past, landlords must evaluate whether this fact is relevant based on the nature of the crime as well as how old the conviction is. It is not considered permissible to deny housing to someone on the sole basis that they have an arrest on their record. Similarly, landlords must exercise caution when reviewing a prospective tenant’s criminal or arrest record. State and local laws may additionally prohibit discrimination on the basis of marital status, sexual orientation, or gender identity. In general, two persons are allowed per bedroom. The unstated goal of requiring that only two people can rent a two-bedroom apartment might be to exclude families, which is illegal under federal law. Refusing to lease property to someone based on race, for example, constitutes overt discrimination, but an apartment advertisement stating “safe Catholic community” is just as illegal, since potential tenants might reasonably believe that Catholics are preferred tenants.Īnother more discrete method of discrimination occurs when landlords set unreasonably low occupancy limits. Some illegal actions are overt, and others may be carried out indirectly. The form of discrimination may vary, but the Fair Housing Acts, as well as state and local laws, prohibit landlords from taking illegal action against tenants (or potential tenants or home buyers) based on certain protected categories. Illegal conduct includes discrimination in the sale, rental, financing, and advertising of real estate.Įxamples of Illegal Housing Discrimination Some state and local laws also prohibit housing discrimination based on marital status, sexual orientation, and gender identity. Congress enacted the Fair Housing Act of 1968 and the Fair Housing Amendments Act of 1988 to prohibit housing discrimination based on race, color, religion, sex, national origin, family status, age, and disability. Federal and state laws make it illegal for landlords, and other property owners and agents, to discriminate on the basis of certain group characteristics.
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