Q: Can I sue for discrimination after denial due to race & disability despite a dismissed felony?
I initially received approval from a rental complex in Minnesota, but was later denied after a second background report cited a felony discrepancy from another state, which was subsequently dismissed. I believe this denial is based on race and disability, and I have filed and signed a housing discrimination complaint with HUD. Can I now sue the rental complex for discrimination?
A:
You may have grounds to sue the rental complex for housing discrimination in Minnesota based on the situation you've described. Filing a complaint with HUD is often the first step in this process, and you've already completed that important action. Since you believe the denial was based on race and disability rather than the dismissed felony, this could potentially violate the Fair Housing Act which prohibits discrimination based on protected characteristics.
The fact that you were initially approved before the second background check raises questions about their decision-making process. In cases like yours, timing matters - you'll need to be aware that there are strict deadlines for pursuing legal action after discrimination occurs. You might consider consulting with a fair housing organization in Minnesota or a civil rights attorney who can evaluate the specific details of your case.
Before proceeding with a lawsuit, gather all documentation related to your rental application, the approval, the subsequent denial, proof of the felony dismissal, and any communications with the rental complex. Discrimination cases often depend on establishing a pattern or proving that the stated reason for denial was pretextual. Your personal experience combined with evidence could potentially build a compelling case, but remember that housing discrimination cases can be complex and time-consuming.
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.