Q: Do I have grounds for a discrimination lawsuit
My fiance just signed a contract for a tenant. The landlord didn't ask for a criminal background check just wanted to know who was staying in the home. I have a criminal background so now after we gave up the deposit and 1st month rent the landlord is saying that I might not be able to live there.. What should I do?
A:
In your situation, it's essential to first review the lease agreement that your fiancé signed. Check if there are any clauses regarding criminal background checks or requirements for tenant approval. If the lease was signed without such stipulations, the landlord's later refusal to allow you to live there based on your criminal background might constitute a breach of the lease.
Landlords have the right to conduct criminal background checks, but they must apply their policies consistently and fairly to all potential tenants. If you believe the landlord's actions are discriminatory, particularly if they are based on a protected characteristic under the Fair Housing Act, you may have grounds for a discrimination lawsuit. However, a criminal record is not a protected characteristic under the Fair Housing Act, so the specifics of your background and how the landlord is applying their policies will be crucial.
Contact a local attorney who specializes in landlord-tenant law or civil rights for advice specific to your situation. They can help you understand your rights and determine if you have a viable case for discrimination.
Additionally, you could reach out to the U.S. Department of Housing and Urban Development (HUD) or a local fair housing agency. They can provide guidance on whether the landlord's actions might violate fair housing laws and what steps you can take next.
In the meantime, keep all communications with the landlord in writing. Documenting your interactions can be valuable if you decide to pursue legal action. Remember, navigating these issues can be complex, and professional legal advice is crucial in ensuring your rights are protected.
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