Question 1 The law and MHCO ocupancy agreement both state that a landlord can screen an occupant for conduct or criminal history but not for credit history or income level.  If after screening a temporary occupant, the findings reveal that they have civil case(s) and/or eviction matters relating to previous rental history where the derogatory rental reference is financial (not necessarily bad personal conduct).  Can this be grounds for denial? 

The disparate impact rule also opens the door for groups that the FHA doesn’t list as protected classes to sue for housing discrimination, as illustrated by an important case from Pennsylvania.

Situation: A domestic violence victim tells her landlord that she’s being stalked by her ex-boyfriend and needs to move out. When the landlord refuses to let her out of the lease, she sues for discrimination and failure to accommodate. The landlord asks the court to dismiss the case because domestic violence victims aren’t a protected class under the FHA.

This article is general in nature and is not intended as legal advice for any specific issue that might arise, since every situation is different. Always consult a knowledgeable landlord attorney with your specific legal issues. 

A very recent court case highlights the ongoing importance of always conducting background checks on potential tenants.  This particular situation arose at an RV park when two overnight guests refused to vacate despite never being offered a rental agreement.  There were unusual circumstances that led to the situation, but the main point is to never let anyone become a tenant without running a thorough and accurate background report first.

While enforcing legitimate and nondiscriminatory rental and community policies is allowed, an Oregon case serves as a reminder how policies that look neutral on their face may still be illegal if they have the effect of excluding people the FHA protects.  

Situation: A landlord rejects a black prospect with a credit score of 680 because her husband’s credit score is below the community’s 600 minimum. After the prospect sends the landlord an eloquent letter complaining about the “inequitable” credit score policy and its impact on “marginalized communities,” the landlord reaches out and tries to negotiate an arrangement with her. But she never sees the email. Testers later gather evidence suggesting that the landlord applies the policy selectively to exclude minorities. And even though she never actually applies for a rental, the prospect sues for racial discrimination.

Exempting a disabled tenant’s service animal from a no-pets policy is a common kind of reasonable accommodation. But a Florida case deals with what a landlord can do when those accepted service animals create a nuisance for other tenants.