Understanding Legal Housing Discrimination: A Guide for Tenants and Landlords

When it comes to housing, the Fair Housing Act (FHA) provides a robust framework to protect individuals from discrimination based on race, color, national origin, religion, sex, familial status, and disability. However, not all forms of housing discrimination are illegal, and landlords may have some latitude under certain circumstances. This article explores the nuances of legal housing discrimination and highlights the exceptions that allow for some form of selective tenancy practices.

The Basics of Housing Discrimination and the Fair Housing Act

The U.S. Fair Housing Act was enacted in 1968 to prevent discrimination in the sale, rental, and financing of housing based on protected characteristics. These include:

Race Color National Origin Religion Sex Familial Status Disability

In addition, some states have expanded this list to include age, veterans status, genetic information, and citizenship status. Despite these protections, not all landlords are bound by the Fair Housing Act, and some selective practices are legally permissible.

Exceptions to the Fair Housing Act

While the Fair Housing Act provides strong protections, certain limited exceptions exist under specific circumstances. These include:

Refusal to Rent to Ex-Cons

Landlords are legally permitted to refuse to rent to individuals who have a criminal history, including ex-cons. Some landlords may have policies against renting to those with felony convictions, particularly those related to criminal activities such as drug-related offenses. This practice falls within the realm of permissible exceptions and is often based on safety and security concerns.

Evictions and Credit Score Issues

Landlords can evict tenants or refuse to rent to individuals based on past evictions or having a low credit score. If a tenant has been evicted in the past, this can be a valid reason to decline their rental application. Similarly, a low credit score can be a legitimate reason for a landlord to be cautious about renting to a tenant, as it may indicate a higher risk of non-payment or other financial issues.

Smoking and Drug Use

While protecting public health, landlords can legally refuse to rent to anyone who uses illegal substances or those who are under the influence of such substances. This includes individuals who habitually use or sell illegal drugs, such as marijuana. Landlords can enforce no-smoking policies or even outright ban smoking, as long as the policy is applied consistently to all tenants.

Drug Convictions and History of Drug Abuse

Another permissible exception involves individuals with a history of drug abuse. While those with drug convictions are protected by the Fair Housing Act, individuals with a history of drug abuse may be excluded. This exception is in place to protect the health and safety of other tenants and to prevent potential issues such as illegal drug activity in the property.

Legal Landlord Practices and Public Perception

Despite the robust protections provided by the Fair Housing Act, it is important to note that not all landlords are bound by these statutes. Some states and local jurisdictions have more stringent fair housing regulations, which may extend the protections further. For example, some states legally allow discrimination based on sexual orientation, similar to familial status and disability.

It is a common misconception that landlords can discriminate at will. However, landlords must be transparent and ensure that any refusal to rent is based on permitted and reasonable grounds. They should avoid making decisions based on stereotypes or biases, as this can lead to legal repercussions.

Conclusion

In conclusion, while the Fair Housing Act provides strong protections against discrimination in housing, there are certain exceptions that allow landlords to refuse to rent to individuals based on specific circumstances. These include past criminal history, evictions, financial issues, and history of drug abuse. It is crucial for both tenants and landlords to understand the nuances of these exceptions to ensure compliance with local and federal laws.

Keywords

These articles can be optimized with the following keywords:

housing discrimination fair housing act protected classes

Related Terms

Additional terms that can be used for SEO include:

evictions credit scores criminal history tenant screening