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Is this discrimination?

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Brookston

Junior Member
What is the name of your state (only U.S. law)? Illinois

I am looking for a new house to rent with my girlfriend and two male friends, we are all in our 20's except for 1 of us in his 30's. We found a beautiful 4 bedroom house right outside of town that would be perfect for us, and the rent is exactly what we are looking for.

After calling the number and talking to a lady, she said to call back when we all had time to look at the house and to make an appointment to see it. We decided on a time and my friend called back and this time the phone was answered by what sounded like an older gentleman with a pleasant eastern European accent. We made the appointment with him, he said he would tell the lady to meet us there at 1:30 the next day, but to call that morning to remind him. We called him that morning and he said she was out of town so we re-scheduled for the day after at 1:30.

This morning, when we called no one answered and we went out to the house. No one was there. We called again from the house, and this time, when the gentleman answered, he went on about how we "didn't tell him who we were." I said I didn't understand, did he need our names or something? He said he would "explain it again to me slowly." He said he didn't know who we were and he could not "rent to us." He then hung up on me.

Later in the day my friend called him back hoping that the lady he had originally spoken too would be around and the gentleman told my friend point blank that he "would not rent to 3 boys!"

Is this an example of housing discrimination??? Either way it feels wrong to be dismissed out of hand without even showing up for the appointment.

Thanks,
Brookston
 


Hot Topic

Senior Member
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
 

Brookston

Junior Member
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
Thank you both for your quick replies!

I guess my question is, then, does "familial status" only include not renting to someone because they have children? Or does it also include not renting to people because they are not a married with 2.5 kids kind of situation?
 

MIRAKALES

Senior Member
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

In the Sale and Rental of Housing:
No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:

* Refuse to rent or sell housing
* Refuse to negotiate for housing
* Make housing unavailable
* Deny a dwelling
* Set different terms, conditions or privileges for sale or rental of a dwelling
* Provide different housing services or facilities
* Falsely deny that housing is available for inspection, sale, or rental
* For profit, persuade owners to sell or rent (blockbusting) or
* Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

Further investigation required to confirm whether this circumstance would exempt the “single-family housing sold or rented without the use of a broker.” In addition, the discrimination being claimed is about SEX with the statement “would not rent to three (3) boys.” (It is a presumption that familial status was the issue when it was not mentioned.) The LL may not take issue with male tenants, but may take issue the number of male tenants (three) or the number of unrelated tenants (four) which are not family. LL may rent to three male roommates that are related to one another, such as father and two sons or three brothers. To be clear, the above exemptions does not exempt those who qualify for exemption to practice blatant selective discrimination. The exemptions are to allow for discretionary choices, such as may be the case with four unrelated roommates -- which, for the record, are not the top choice for tenants based upon stability.
 

Brookston

Junior Member
Look up exceptions to fair housing act to see if the above applies to the landlord in question.
Thanks Alaska Landlord!


I looked up exemptions and the only one I found that I think might apply is:

"Small Property & Owner-occupied

Fair Housing exemptions, sometimes called the "Mom & Pop" exemption applies to certain landlords owning certain types of properties. "

I can't find information on the "certain landlords owning certain types of properties." I know that it is not owner occupied.

Either way, how would I be able to find out if the landlord qualifies? All I have is their phone number, the rental property address, and what google says their address is based on the phone number. Again, thanks in advance, and any guidance you can suggest is appreciated.
 

Brookston

Junior Member
The exemptions are to allow for discretionary choices, such as may be the case with four unrelated roommates -- which, for the record, are not the top choice for tenants based upon stability.
So I am reading this as: it is most likely not an example of fair housing discrimination.

I realize that four unrelated tenants are not the top choice, unfortunately, that is the situation that I am in. I do not want to rent another apartment because I have had trouble with noise from neighbors before, and like to live in a quite environment. In order to rent a single family home though, I would have to have roommates.

Thanks for your response! Have a great one.
 

Brookston

Junior Member
If they only own the one house, they're probably exempt.
You know I doubt that it is the only house they own/rent out because they live over an hour and a half from the property. It seems strange to own a rental that far away if it is the only one, no???

(edited for grammar)
 

ecmst12

Senior Member
To be perfectly honest, if it were me I'd just let it go. The guy sounds like a jerk that you don't want to rent from anyway. Better to find out now then AFTER you're locked into a lease.
 

Brookston

Junior Member
To be perfectly honest, if it were me I'd just let it go. The guy sounds like a jerk that you don't want to rent from anyway. Better to find out now then AFTER you're locked into a lease.
I realize. I'm just a bit miffed and want to know, basically, did he or did he not break the law? I don't know that I want to do anything about it, I just want to know.
 

Alaska landlord

Senior Member
I would think that he would rent to you only as an act of desperation.
Statistically speaking the odds are that the house would be trashed at the end of the tenancy and that he will not be able to recover from the SD the cost of repairs. Then, there are the noise complaints from the neighbors and frequent police visits to his property. One of the biggest problems with renting to young people is that you start out with 3 and could end up with 10.

Is this a discriminatory practice? yes.
Is it illegal?
Probably not, as I would have found a logical reason for rejection.

Mind you, I am not saying that this will be the case with you and your friends, but every landlord that rents to young people knows that he will have to not only deal with the tenants, but with their friends as well.
 

Brookston

Junior Member
I would think that he would rent to you only as an act of desperation.
Statistically speaking the odds are that the house would be trashed at the end of the tenancy and that he will not be able to recover from the SD the cost of repairs. Then, there are the noise complaints from the neighbors and frequent police visits to his property. One of the biggest problems with renting to young people is that you start out with 3 and could end up with 10.

Is this a discriminatory practice? yes.
Is it illegal?
Probably not, as I would have found a logical reason for rejection.

Mind you, I am not saying that this will be the case with you and your friends, but every landlord that rents to young people knows that he will have to not only deal with the tenants, but with their friends as well.

LOL!!! You have issues man.
 
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