Category Archives: Fair Housing

Can Landlord Discriminate When Renting?

Tenants often ask, “can a landlord not rent to me for”, for example, “not having a high enough credit score” or “having a certain kind of pet” or “not having high enough income”. The feeling that many tenants have in this regard is that the landlord is not justified in denying a rental application based […]

The ABCs of Fair Housing Law

An area of law with which property managers (and many attorneys) have difficulty is Fair Housing law, particularly with regard to service animals. Admittedly, dealing with these issues can be confusing for a variety of reasons. Property managers need basic knowledge of the issues and law to safely stay within the law’s confines and prevent needless litigation. […]

A Case Study In Pretext Racial Discrimination

In Osborn v. Kellogg, 547 N.W.2d 504 (Neb. 1996), a rental applicant (“applicant”) filed a complaint with the Nebraska Equal Opportunity Commission (NEOC) alleging that the landlord rejected her application because her live-in boyfriend was black. NEOC found that the (legitimate) reasons offered by landlords for refusing the applicant’s rental application were, in fact, a pretext […]

Disparate Impact Theory and Fair Housing Law

The Florida Bar recently published an article authored by Allison K. Bethel entitled “Fair Housing and Criminal Records Policies” (The Florida Bar Out-of-State Division, Summer 2017, p. 6). The content of this article, and possible future fair housing legal trends, should be understood and considered by property managers when using a rental application criteria, as they […]