Q: Is it legal for a landlord to deny someone's rental application because they received rental assistance last year
In phoenix the mayor did a press confrence announcing the ban on discriminating against people for their source of income and their ability to pay for housing. If a property manager specifically states on its of qualifications and rental criteria that anyone who applied for or received rental assistance in the last 2 years will be automatically denied , and they follow through on that declaration could their be legal implications for that? And will they be liable to pay compensation to all applicants who were denied for this reason in the past?
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A:
The situation you describe could have legal implications for the landlord in Phoenix, Arizona. In March 2023, the Phoenix City Council passed an ordinance that prohibits housing discrimination based on a person's source of income, including rental assistance. This ordinance went into effect on June 1, 2023.
Under this new law, it is illegal for a landlord to refuse to rent to someone solely because they received rental assistance within the past two years. If a property manager explicitly states this discriminatory policy in their rental criteria and follows through with it by denying applicants on this basis, they would be violating the city's anti-discrimination ordinance.
Legal consequences for the landlord could include:
1. Fines and penalties imposed by the city.
2. Potential lawsuits filed by denied applicants seeking damages for housing discrimination.
3. Orders to change their rental policies and practices to comply with the law.
However, it is unlikely that the landlord would be required to retroactively compensate all applicants who were denied in the past based on their receipt of rental assistance. The new ordinance does not appear to have a retroactive provision, meaning it would only apply to discriminatory acts that occur after the law went into effect on June 1, 2023.
If someone believes they have been discriminated against based on their source of income when applying for housing in Phoenix, they can file a complaint with the city's Equal Opportunity Department. It's always a good idea for both landlords and tenants to familiarize themselves with local and state fair housing laws to ensure compliance and protect their rights.
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