By Helene Lesel
After searching for weeks for a sunny unit in a quiet building, a young couple finally found a unit in their price range. Enthusiastically submitting their application to the owner, they were sure the place was theirs. And why not? They had good jobs, excellent credit and no evictions. Yet the landlord turned them down when they couldn't produce a specific piece of paper. What document was lacking? A wedding license. Is that legal? Depends on where they where. Rejecting applicants due to marital status is not illegal currently in the United States, but is illegal in some cities and states. In the state of California, for example, marital status, familial status or age, among other things, cannot be the basis for applicant rejection.
Other state laws may be silent on discrimination specifics, but their city laws have plenty to say. Chicago, New York, Atlanta, Miami, Pittsburgh and Seattle are among many cities that have passed specific laws on personal discrimination, including sexual orientation.
On the national level, the United States Department of Housing and Urban Development has the most basic laws blanketing the entire country. According to its Web site, "Federal law prohibits housing discrimination based on your race, color, national origin, religion, sex, family status, or disability." Since the Fair Housing Act was adopted in 1968, HUD has played a lead role in administering and enforcing the law. In 1988, mandatory enforcement was added to HUD's to-do list. Details can be found at www.hud.gov.
Discrimination, defined as "making improper distinctions or different treatment of applicants for housing," cannot block the right to a home and leave certain groups out in the cold. Which basic groups does the Federal blanket cover?
- Race, color or physical characteristics. Race is defined as "the major biological divisions of mankind, divided by color and texture of hair, eye and skin color." No matter what skin tone or hairdo an applicant presents, the landlord should disregard those features.
- National origin, ancestry or ethnic background. Coming from another country is challenging. My folks barely spoke English when they arrived in this country, and worked hard to learn the language and culture of America. Having a non-native accent marked them as foreigners, a mark they could never erase. Being judged for having a strong accent is not only frustrating, it's illegal.
- Religion. Being asked personal questions about worship or faith are not allowed. Sometimes neighborhoods and landlords favor certain religions based on location, such as a church or synagogue, nearby. Whether someone believes in God or miracles, their choice of religion is not a basis for applicant credibility or rejection.
- Source of income. For example, receiving funds from government aid is perfectly acceptable, as long as the source is documented. The catch? Wherever the income springs from, the source has to be sufficient to cover all personal expenses, including a deemed amount (33 percent is typical) for the rental cost share of expenses.
- Families. Often discriminated against, some owners use the "occupancy rule" to limit families. For example, the landlord allows roommates to occupy a two-bedroom place, allowing four adults to share. Along comes a family of four applying for a similar two-bedroom. Suddenly declaring a new policy of three per unit, the owner rejects the family, and tells them to look elsewhere, possibly breaking the law if the rejection was based on changing the rules to keep the family out.
- Age. Unless a viable reason exists, the elderly tenant has every right to occupy a place. Youngsters? They cannot be barred except where special housing for seniors exists, with specifications of age a written enforced policy.
- Disability. Judging an applicant by disability is not allowed. Barring a disabled tenant from checking out all units available is also illegal. For example, if both an upstairs and downstairs unit are vacant, the tenant has the right to view both, and can apply and be considered for either unit.
Owners have the right to reject an applicant for a legitimate business reason, such as lack of applicant income, prior eviction or insufficient credit. Most areas allow pets to be barred, with the exception of Seeing Eye pets. Further details intensify and vary by city and state. If you feel you have been treated unfairly, asking the manager or landlord first is a good start, and document everything. Fair housing details and complaint information can be found at the Federal Housing and Urban Development Web site at www.hud.gov. Links to information for state and local filings are available via the site, too.
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