Discrimination when renting an apartment
It’s my property so I can rent to whoever I want. ”This attitude is understandable, but landlords must realize that today there are legal limits to landlord decisions. A landlord’s tastes can be reasonable, strict, or extravagant. , but they cannot be based on race, religion or other categories that the tenant law protects.
- Can I choose the tenants I want?
- What is “retaliatory eviction” about?
Can I choose the tenants I want?
Yes, within the limits established by the owner’s law.
Federal, state, and local landlord laws make it illegal for landlords to “discriminate.” But people sometimes say “That’s discrimination!” without understanding what is forbidden.
Federal laws prevent landlords from discriminating on the basis of race, religion, sex, ethnicity, and disability. Some state and local laws go further and prohibit discrimination based on marital status, sexual orientation, presence of children, and age.
But as long as you don’t discriminate on one of the listed reasons, you can rent to whomever you want. If you don’t want smokers in your building, or if you think a prospective tenant has low credit risk (even if you’re wrong), or if for some other non-prohibited reason you simply don’t like the person, there is no law that prevents you from turning down to a tenant for that reason.
If you are threatened with a discrimination claim, consult an attorney immediately. You may be facing a lawsuit for large money damages.
What is “retaliatory eviction” about?
Sometimes it seems that a landlord has a “right” to vacate. You have given proper notice to terminate a month-to-month lease, or a fixed-term lease has expired. If the tenant does not leave, he will sue to evict him, and the tenant’s position seems hopeless. But even when it appears that the landlord’s right to evict is absolute, the courts may refuse to help you if the underlying reason for your desire to evict is to “retaliate” against the tenant for exercising any legal rights.
Suppose the tenant has a month-to-month lease and the landlord refuses to repair a leaky roof. The tenant complains to the city housing inspection department and the landlord learns of the complaint. Since he no longer wants such a troublemaker, he gives him a notice of termination of his lease. If she does not leave and he demands eviction, the tenant can present the “retaliatory eviction” defense. If you prove the landlord’s reason (which might not be easy), the court will refuse to evict you. Evicting her in this situation would discourage other tenants from reporting code violations. Because code enforcement agencies rely (in part) on tenant complaints, and one of the basic purposes of the code enforcement program would be undermined. The court will refuse to help the landlord undermine the efforts of another government agency.