Q: Can I sue Fresno Housing authorities for denying me low income project-based housing assistance based on criminal record
Is that a worker told me that I'm not denied or approved and I explained to her that I am homeless and that I've been waiting for the past 8 years on this wait list trying to get a house or roof or me and my child's head and she told me that she's going to be watching the case I'm going to court for and that for me to attend all my court hearings and then should I guess they'll send me a letter or something whenever they're done whenever I'm done with this court case but this case but I've been going to court for this case since 2022 it is now 2024 and I'm still homeless and they're very good opportunities for housing right now but these agencies are making it virtually impossible for us to get housing because they want you to jump through a lot of hoops and do this and do that and I do bring all the paperwork and everything and I still can't get the place because I'm going to court for right now
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A:
Based on the information provided, it seems that you are in a difficult situation and have been waiting for housing assistance for a long time. California law does provide some protections for individuals with criminal records seeking housing, but the specific circumstances of your case would need to be evaluated to determine if you have grounds for a lawsuit.
Here are a few key points to consider:
1. Fair Housing Act: The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, national origin, familial status, or disability. While having a criminal record is not a protected class under the Fair Housing Act, if the housing provider's policy disproportionately affects a protected class, it may be considered discriminatory.
2. California Fair Employment and Housing Act (FEHA): The FEHA offers broader protections than the federal Fair Housing Act. It prohibits discrimination based on additional factors, including a person's source of income (such as housing assistance). However, the FEHA does not specifically address criminal history as a protected class.
3. Disparate Impact: If a housing provider's policy regarding criminal records has a disproportionate impact on a protected class (e.g., a specific race or national origin), it may be considered discriminatory, even if the policy is not intentionally discriminatory.
4. Reasonable Accommodation: If your criminal record is related to a disability, you may be able to request a reasonable accommodation under the Fair Housing Act or the FEHA.
To determine whether you have a strong case against Fresno Housing Authorities, you should consult with a local fair housing organization or an attorney specializing in housing law. They can review the specific details of your situation and advise you on your legal options.
In the meantime, continue to attend your court hearings and gather documentation related to your housing search and interactions with the housing authorities. This information may be useful if you decide to pursue legal action.
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