Is it legal to discriminate renting a house based on age?

Discussion in 'Legal Issues' started by CLKeenan, Dec 24, 2006.

  1. #1
    I got a job working for GE in their Corporate CIS division for the spring and summer in their Information Management Leadership Program at their headquarters in Fairfield, CT. One of the houses myself, and two other college students who also received jobs in the area wanted to rent had no problems with renting the house to us based on our credit but when they found out that we were college students they told us we could not rent the house anymore.

    Is that legal? Is there anything we can even do?

    Thanks,
    -Chris
     
    CLKeenan, Dec 24, 2006 IP
  2. Will.Spencer

    Will.Spencer NetBuilder

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    #2
    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Arial, Helvetica, sans-serif]It does not appear that you are a legally protected class, unless the landlord is receiving federal financial assistance.

    The Fair Housing Laws:
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    [/FONT][FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]
    Fair Housing Act

    [/FONT][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). More on the Fair Housing Act[/FONT]
    [/FONT][FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Title VI of the Civil Rights Act of 1964[/FONT][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]
    Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial
    assistance.
    [/FONT]
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    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Section 504 of the Rehabilitation Act of 1973
    Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance.
    [/FONT]
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    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Section 109 of Title I of the Housing and Community Development Act of 1974
    Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in programs and activities receiving financial assistance from HUD's Community Development and Block Grant Program.
    [/FONT]
    [/FONT]
    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Title II of the Americans with Disabilities Act of 1990
    Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.
    [/FONT]
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    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Architectural Barriers Act of 1968
    The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.
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    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif] Age Discrimination Act of 1975
    The Age Discrimination Act prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.
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    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Title IX of the Education Amendments Act of 1972
    Title IX prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance.


    Fair Housing-Related Presidential Executive Orders:
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    [/FONT][FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]
    Executive Order 11063
    Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds.
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    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Executive Order 11246
    Executive Order 11246, as amended, bars discrimination in federal employment because of race, color, religion, sex, or national origin.
    [/FONT]
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    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Executive Order 12892
    Executive Order 12892, as amended, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort. The Order also establishes the President's Fair Housing Council, which will be chaired by the Secretary of HUD.
    [/FONT]
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    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Executive Order 12898
    Executive Order 12898 requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude persons based on race, color, or national origin.
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    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif]Executive Order 13166
    Executive Order 13166 eliminates, to the extent possible, limited English proficiency as a barrier to full and meaningful participation by beneficiaries in all federally-assisted and federally conducted programs and activities.
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    [FONT=Verdana,Geneva,Arial,Helvetica,sans-serif][FONT=Verdana, Geneva, Arial, Helvetica, sans-serif] Executive Order 13217
    Executive Order 13217 requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities.
    [/FONT]
    [/FONT]
     
    Will.Spencer, Dec 24, 2006 IP
  3. slipxaway

    slipxaway Active Member

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    #3
    "Fair housing in Connecticut also means you may freely choose a place to live without regard to your age, ancestry, marital status, sexual orientation or lawful source of income (which means that income from social security, SSI, housing assistance, child support, alimony, public or general assistance should not restrict your housing rights)."

    This was found on a state website, http://vvv.munic.state.ct.us/ansonia/complaint.htm
    It's actually a page for the city of Ansonia, so it's not exactly the proper contact for you, but according to what they say, age is included in Connecticut's Fair Housing Laws. I haven't verified that though.

    So basically your best approach is to research the Fair Housing laws for Connecticut and possibly try to find someone on the http://www.fairfieldct.org website who you can file a complaint with. Or check the phonebook for the local housing authority.
     
    slipxaway, Dec 25, 2006 IP
  4. Will.Spencer

    Will.Spencer NetBuilder

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    #4
    Excellent point! I forgot to check State and Local laws. Good find!
     
    Will.Spencer, Dec 25, 2006 IP
    uca likes this.
  5. slipxaway

    slipxaway Active Member

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    #5
    Technically though, they haven't specifically discriminated against you based on your age, but rather on the fact that you are in college :) One could conclude that the one leads to the other, but legally, it may not be enough.
     
    slipxaway, Dec 25, 2006 IP
  6. CLKeenan

    CLKeenan Peon

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    #6
    What if someone said in writing (email):

    "I thought maybe these were seniors on their way to graduate school but I am uncomfortable w/ the ages, the proximity of the neighbors, and leaving my furniture in their care."

    That was an email to the real estate agent that were using from the owner/landlord/listing agent (all the same person).

    Like I said in my original post, I have already passed the credit check and the landlord agreed to all the terms that we asked for in our lease (8 months) but then she reconsidered and said we couldnt live there because we were too young.

    -Chris
     
    CLKeenan, Dec 25, 2006 IP
  7. trafficfacts

    trafficfacts Peon

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    #7
    I had faced a similar problem in the past, though the reason for denial is not the age but people try avoiding possible problems that may arise with students. Problems include "Having a good time, Parties etc etc etc."

    Guess they take term precaution too literally.
     
    trafficfacts, Dec 25, 2006 IP
  8. marketjunction

    marketjunction Well-Known Member

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    #8
    marketjunction, Dec 26, 2006 IP
  9. MattKNC

    MattKNC Peon

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    #9
    Even if you win the battle, do you still want to live some place where the landlord's hand has been forced? Your lease is short term -- a good thing -- but I would probably seek another residence instead of fighting it. But, that is my personal response.
     
    MattKNC, Dec 26, 2006 IP
  10. slipxaway

    slipxaway Active Member

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    #10
    Personally, I think it's a bunk law. If insurance companies have the right to discriminate and charge higher rates for our insurance based on age, sex, credit history, etc etc.... why can't landlords? They should be allowed to assess the risk vs reward based on statistics, and form their own conclusions about who they want to allow to rent THEIR property... The government isn't going to come in and pay to fix their property up if its destroyed by a college party and their home owners insurance will only go up for the exact discriminatory reasons. So why hold the landlord to some higher moral standard when they're going to be the ones getting screwed?
     
    slipxaway, Dec 26, 2006 IP
  11. Corey Bryant

    Corey Bryant Texan at Heart

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    #11
    My sentiment exactly.
     
    Corey Bryant, Dec 26, 2006 IP
  12. roy77

    roy77 Active Member

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    #12
    no, i do not think this is a type of discrimination or even a streotype. its for his property's good, maybe thinking that you college boys are gona party to much :)
     
    roy77, Jan 6, 2007 IP
  13. marketjunction

    marketjunction Well-Known Member

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    #13
    That's not correct. It is discrimination according to state law. I posted a link about it above.

    The owner(s) admitted that they were retracting an approved application based on age.
     
    marketjunction, Jan 6, 2007 IP
  14. uca

    uca Well-Known Member

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    #14
    What would you do if you were the landlord?

    I think a landlord should have the right to choose their tenants as a general rule. That doesn't mean that the landlord can be rude or hurt anybody's feelings basing so openly on age or whatever, but choosing to rent out is an investment and as all investments you have to be free to make your own decisions.

    Anyway, if we want to push landlords too far, you know what's going to happen?
    Simple, rental prices go through the roof!
    Want to force prices down?
    Owners are not going to rent anymore.
    And then what? Force them to rent? they wouldn't buy in the first place, and so on...

    I've seen similar scenarios abroad and as a former landlord (actually son of a landlord) I think there should be more freedom, after all, if I decide against renting to someone, I am the first to loose!

    I hope nobody understands that I'm in favour of discrimination, because that's not the case, just in favour of freedom...

    I'm a foreigner in the US, so I might be a victim of discrimination too...
     
    uca, Jan 7, 2007 IP
  15. marketjunction

    marketjunction Well-Known Member

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    #15
    You missed the entire point. The Landlord DID choose their tenant. That tenant was the original poster. It was AFTER the landlord chose the tenant that they decided to pull the plug on the deal SOLY BECAUSE of age. And that's why it's discrimination under CT state law.

    The landlord could have initially denied the application and no one would be the wiser. However, that's not what happened.
     
    marketjunction, Jan 7, 2007 IP
  16. uca

    uca Well-Known Member

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    #16

    No, I don't think I did.

    You see, either there was a binding contract already, so who cares about discrimination as he could still sue her, or there wasn't, in which case I do believe that the landlord should not have acted that way, in the sense that she could have done better to avoid any disappointment, but I still believe that she had the right to pick the tenant that she believes right. After all she is the one that misses out first.

    That doesn't mean that i am not sorry for the thread starter, the landlord should have acted differently, particularly if she is not renting out for the first time.

    So in other words, discrimination is something that is used and abused nowadays, and I say that being a foreigner in this country where I am now...
     
    uca, Jan 7, 2007 IP
    Will.Spencer likes this.