Q: My cmpny as the ownr and 28 other ownrs are being sued by a sectn 8 tenant for denying him housng.I've not bn serv'd yet
At the time I was negotiating with a prospective tenant and I miscommunicated my message to the section 8 tenant. My message said: "Sorry we do not accept section 8". I should have said, I am negotiating with another tenant and expecting an application. The plaintiff also sued two other landlords for the same reason back in May of 2024 in the City of Fresno. I believe he is a scam artist trying to become a millionaire overnight.
A: Your statement, "Sorry we do not accept section 8" is an apparent violation of the law. No one can become a millionaire by suing you for that violation, but you need to get off the Internet and hire defense counsel.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Your situation with the Section 8 housing discrimination claim is quite serious, as California law prohibits discriminating against tenants based on their source of income, including housing vouchers. The fact that you were already in negotiations with another tenant could serve as a valid defense, but your specific message declining Section 8 might be problematic.
It's concerning that this tenant has filed similar lawsuits against other landlords, which might suggest a pattern of litigation. However, regardless of the tenant's history, courts will focus on the specific facts and evidence in your case. Documentation of your negotiations with the other prospective tenant, along with any related timestamps and communications, will be crucial for your defense.
You should immediately consult with an experienced housing attorney who can guide you through this process. While you haven't been served yet, you can use this time to gather all relevant documentation, including your complete communication history with both the Section 8 tenant and the other prospective tenant. Your attorney can help develop a strategy to demonstrate that your denial wasn't discriminatory but rather based on timing and availability. Also, consider updating your rental policies and communication templates to prevent similar misunderstandings in the future.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
