As a parent you might hear, “That balcony just wouldn’t be safe for your toddler.” If you’re a minority, “The vacancy has just been filled.” And if you’re disabled, “Sorry, but the noise of your wheelchair would disturb the other tenants.”
These are just some of the illegal, discriminatory statements that people stumble upon while seeking an apartment.
But not all forms of discrimination are illegal. Denying an apartment to a tenant with a bad eviction record, for instance, is allowable because it is based on valid business concerns.
But discrimination based on race, color, religion, sex, national origin, familial status or disability is prohibited by the federal Fair Housing Act for most types of rental units.
Heavy penalties (ranging from up to $10,000 for the first occurrence to up to $50,000 for repeated offenses) have caused many landlords to stop discriminating and even take a pro-active approach.
Other landlords simply try to conceal their illegal practices. Instead of saying, “We don’t want your kind here,” they might make disparaging remarks about the property to discourage a would-be renter. These subtler statements are just as illegal as blatant remarks.
The practice of steering is another form of subtle discrimination. A landlord or management company might “steer” groups of people into certain areas, for example, putting families with children only on the first floor, in one area of the complex or on the other side of town.
And tenants already living in their apartments can also experience discrimination. The landlord or manager might treat certain types of tenants differently than others, for example, by refusing to make needed repairs, denying specific services or withholding concessions that have been given to the favored class.
So how do you know if you’re being discriminated against when the landlord isn’t being obvious about it? Look for inconsistencies.
For example, if there is a vacancy sign out front, but the landlord claims there is no vacancy, don’t be afraid to question this because it doesn’t make sense.
If you suspect discrimination, don’t wait to report it. Call a local fair housing group, which is dedicated to routing out discrimination in housing. Or you can contact a regional office of the Department of Housing and Urban Development (HUD), the office that oversees the Fair Housing Act’s enforcement. HUD’s national information number is 800-343-3442.
If the agency determines that your complaint seems plausible, it may send out “testers”–people who can test the landlord or manager to see if discrimination is occurring. The testers–some who match the demographics of the claimant, others who don’t–can compare the behavior of the landlord with each type of candidate. Testers are extremely helpful if your case goes to court because the testers can vouch that they have experienced the same type of discrimination. Testing helps avoid a your-word-against-his scenario.
Even if the testers don’t find evidence of discrimination, many people are relieved to find out there is reasonable explanation for seemingly discriminatory behavior.
But if the landlord is found to be practicing discrimination, what then? Many agencies point tenants first toward mediation to resolve the problem out of court.
If mediation doesn’t work or is not right for your situation, the agency can help you (if you haven’t already done so) obtain a private attorney or file a complaint with HUD or any local or state agency that overseas discrimination complaints. The case can then go to trial, which can take many years, especially on the federal level.
Choosing which of these steps to take is often a very personal decision that depends on what you hope to accomplish. If simply sending a message to the discriminating person is your purpose or if you are desperately seeking an apartment and just want to be given the opportunity to apply and be accepted if you deserve to be, you may try mediation. With the help of these agencies, this may be sufficient to set the landlord or manager straight and help you secure an apartment.
If the offense was particularly egregious and the testers have corroborated your assertions, then righting the wrong may be your goal, so the next person won’t have to experience the same humiliation and frustration you have. In this case, you can rest assured that the federal and local agencies will be there to help you file charges and back you up in court.
The easiest thing to do when you face discrimination is to turn and run. There are always more apartments to look at, and you wouldn’t want to live someplace where you’re not wanted anyway, right?
This may be true, but the more people who run from it, the longer it will continue. It may take a little time and effort to report someone, but it may save a bunch of people a lot of aggravation. Even if you’re not sure if you’ve experienced discrimination, you may be surprised if you just call to find out that, for example, a seemingly innocent remark by a landlord that didn’t sit right with you was in fact an illegal statement.
