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| WA State FAIR HOUSING UPDATE: October 2007 |
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If I don't like the way an applicant looks, can't I just say the place is already rented? No. The fair housing laws prohibit a housing provider from stating that a dwelling is not available for rental when in fact it is. You must give truthful information to everyone who inquires about a rental. While your instincts may be good, they are probably not infallible. Many managers would prefer for rental applicants to arrive "all dressed up" - just like they would for a job interview. However, remember that some folks must fit in apartment hunting between their other obligations, such as work, family, etc. The best indicators of who will be a reliable resident are your reasonable rental criteria - income, credit history, rental history, criminal history, etc. When we call a previous rental manager for a reference about an applicant, can we ask if the applicant ever filed any discrimination complaints? When you contact a previous landlord or manager to inquire about an applicant, it is appropriate to gather information about that person's rental history - his timely payment of rent, whether he followed the community rules, etc. It is not okay to inquire about discrimination complaints, because to deny someone housing just because he filed exercised his civil rights would be considered to be retaliation. The condominium board members know that Mr. Paulson previously had cancer, which is in remission, and that he's been symptom-free for a year. They turn down his application for a board position, saying it would be too much of a strain on him. Is this a lawful action? Fair housing laws define a disabled person as one with a physical or mental condition. These laws also include individuals with a record of such a condition (and even those who are "regarded as" having such a condition), if that record or perception is the basis for discrimination. In this situation, Paulson is protected by fair housing laws, because of his history of having a disabling condition. The condo board cannot treat him differently than other board applicants based on their subjective perceptions about his past disability or on their assumptions about his current abilities. If they refuse to permit Paulson to hold a board position, they would be using his history of a disability to limit his opportunities to participate fully in his housing community. Their refusal to consider his application, if based on his past disability, is unlawful. KCOCR Fair Housing Home Page Comments about this Web page Updated: Nov. 6, 2007 King County | DES | OCR | News | Services | Search Links to external sites do not constitute
endorsements by King County. |