Is it discrimination if my husband and I are denied an apartment because of his misdemeanor?

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Is it discrimination if my husband and I are denied an apartment because of his misdemeanor?

My husband and I currently live in an apartment complex that had no issue with his misdemeanor charge for possesion of marijuana from 4 years ago. However the manager of the one we want to move in to has said she has to ask her boss if it’s okay with him. I thought it was only a denial if it was a felony. Would it be considered discrimination if he says no and we are denied?

Asked on July 12, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Here is the thing: the decision to rent to a person with a criminal record is not a governmental decision.  Rather it lies solely with the particular apartment owner. Different landlords have different policies. Denial is not necessarily discrimination.  What you may want to do is to try and have his record sealed or expunged so that this issue will not pop up in the future.  Good luck.


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