Fair Housing Act

C

Carroll R.

Guest
Jurisdiction
North Carolina
I have read that the FHA (or some housing laws or consumer protection) "may" cover other kinds of discrimination than just "protected classes' discrimination .
Specifically that landlords may not discriminate or show 'favoritism' in enforcing rental complex rules. IOW they can or 'should' not enforce some rules against some tenants and not enforce all rules against all tenants.
I have leased at my present residence for 23 years and received a' non-renewal" notice of my lease, that ended August 1st , due to the fact that my cat gets out of the apartment and has "occasionally" gotten on a car and left a paw print. During the 15 years I have had this cat only three people have ever complained about his escaping and doing this.
Nevertheless I was ready to move anyway. I leased a new duplex with no problem and paid $2888 deposit. However the duplex was treated some insecticide treatment after my first inspection that made it impossible for me to move in on August 8th as planned because of my AlphI-1 lung disease. However that is not the problem as the agent and owner were very understanding, acknowledged the insecticide problem and refunded my deposits and are helping me search for another rental..
But when I called my current and 'new ' property management Firm's new manager here to ask for a reasonable extension of my tenancy for me to go thru the process of again finding and leasing a new duplex she said it ''was my problem' and within a hour of that conversation she sent me notice that she was filing for a eviction. I had also given her a check for the prorated portion of the 8 days into August until my move out date and she returned that also.
I question the 'favoritism' this property manager shows some tenants while not others. She enforces 'some' rules against 'some' tenants and does not enforce 'all rules' against all tenants--and yes I do have proof of this. She also does not enforce evictions equally against all non paying renters---yes I have proof of this also. IOW she applies the 'rules' according to who she 'personally' likes and dislikes or what 'irritates' her and what doesn't. She also seems to have a pattern of going after older and long term tenants judging by the people she has in effect evicted by refusing to renew their leases.
I have hired a attorney to drag out this eviction process so I will have some time to find a new residence.
BUT.....what I want to know ---if any of you are experts in the FHA is if this type of discrimination/favoritism is covered by the Fair Housing Act.

From what I read at the American Bar Association site regarding this :
''Rules must be enforced uniformly against all residents ''

This may be a 'gray area' but I am willing to go through the process of filing a FHA complaint once I move to see if they will accept the complaint to perhaps set a precedent for this kind of discrimination also if it is not currently included.


 
You are the one who must decide if you wish to file a complaint against any entity or person with any applicable agency.

Unless you have time to waste, love to complete forms, and chase your tail, you might just want to let it go.

You'll soon have a great new apartment, and everything will be hunky dory.

Most people avoid like the plague having an eviction filed against them.

Why?

It'll screw up your FICO, and will all but destroy your chances to ever rent decent housing in your life time.

Not the eviction alone, mind you, just the mere filing will do as I described.

A judgment against you is even worse for you.
 
From what I read at the American Bar Association site regarding this :
''Rules must be enforced uniformly against all residents ''

That quotation comes from Item 5. Apartment Rules of the following article of the ABA:

10 Things Landlords Should Know About Fair Housing

And is only the "opinion" of the writer without specifying any particular provision of the Fair Housing Act other than to say

"All information contained in this article is consistent with the Fair Housing Act (42 U.S.C.A. 3601 et seq.)"

Now let's look at the statute.

Section 802(f) "Discriminatory housing practice" means an act that is unlawful under section 804, 805, 806, or 818 of this title.

Section 804 applies to rentals and you can read it at:

http://www.lincoln.ne.gov/city/attorn/human/pdf/FairHousingAct.pdf

I don't see anything in there that supports your theory. If there are any court decisions that do, you are going to have to find them before you go through the process of filing a complaint, or, you can just file one and see how it goes.
 
It'll screw up your FICO, and will all but destroy your chances to ever rent decent housing in your life time.

Well at 72 my life time is limited due to my lung disease and my credit score is an excellent 820 and I would indeed hate to see that ruined. What I might hate even more is seeing a psychopathic apartment manager get away with what she is doing , not just to me but to others here. When I meet with my attorney tomorrow I will ask him to call the actual ' owner' of this complex and plead my case.
As far as chasing my tail, that is what I was first told by several attorneys when I was trying to get Aetna to pay the disability they owed me during the time I was under treatment for cancer. When Aetna had exhausted all their ERIS allowed 'stalls' I got the Health Care Task Force at the DOL to handle it---and in 3 days I had a fed'xed check from Aetna. There are plenty of agencies and orgs always looking for cases to set precedents . So that will be my new hobby.
Thanks for answering.
 
Well at 72 my life time is limited due to my lung disease and my credit score is an excellent 820 and I would indeed hate to see that ruined. What I might hate even more is seeing a psychopathic apartment manager get away with what she is doing , not just to me but to others here. When I meet with my attorney tomorrow I will ask him to call the actual ' owner' of this complex and plead my case.
As far as chasing my tail, that is what I was first told by several attorneys when I was trying to get Aetna to pay the disability they owed me during the time I was under treatment for cancer. When Aetna had exhausted all their ERIS allowed 'stalls' I got the Health Care Task Force at the DOL to handle it---and in 3 days I had a fed'xed check from Aetna. There are plenty of agencies and orgs always looking for cases to set precedents . So that will be my new hobby.
Thanks for answering.


Dude, I didn't need to know anything about your PRIVATE business.
This is the Internet, remember?
Loads of vermin, roaches, and miscreants peeping, probing, prying.
Anyway, best of luck to you, mate.
 
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