Picture this: A gay couple visits your leasing office asking about available one-bedroom apartments. There are two such apartments available, but your leasing agent shows the couple only one — because she's heard the neighboring resident use gay slurs and wants to keep the couple away from him. Since she's only trying to protect the couple, her actions don't violate fair housing law.
The manager said that she could keep the dog if it was “within the weight limits in the rental agreement” and she paid a $14 monthly pet fee. The tenant replied that she was not aware of any weight limit for pets in the rental agreement. The manager responded, “15 lbs. [The landlord] is pretty strict about that.
The landlord objected, citing the tenant’s failure to serve proper notice of the claim and insisting that the suspicious timing was mere coincidence and that it was evicting the tenant for legitimate and nondiscriminatory reasons—namely, harassing and threatening his neighbors.
Outcome: The Nevada federal court issued the TRO.
While concerning, those numbers aren’t all that surprising. But what is surprising is that retaliation complaints more than doubled from the previous year to the highest recorded level.
Not all fair housing-related decisions are straightforward. Even when staff members make the correct decision, prospects or residents may contest it by filing a discrimination claim.
Answer: This is a typical scenario. You are entitled to ask for verification, and you should unless the need is already apparent. MHCO has forms for the tenant application and landlord agreement (if approved). You should use them!
What Did FHEO-2020-01 Do?
Federal and State Fair Housing Issues. The federal Fair Housing Act, prohibits discrimination based on:
Even if well meaning, the leasing agent could be accused of discrimination because she directed or “steered” the couple away from a particular apartment because of their sexual orientation.
Once that happens, it becomes impossible to predict the outcome, since each case turns on the specific facts and circumstances and the credibility of the parties and witnesses involved.