Can a landlord deny me an apartment based on a criminal background check that contained incorrect information?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a landlord deny me an apartment based on a criminal background check that contained incorrect information?

The landlord didn’t do a fingerprint FBI check. Instead they did an on-line background check and it has misinformation about a felony in NY and SC on it. They are going with that to deny me an apartment. I explained that I never went to jail but they are still denying me. I was told they can’t do that. Is that true?

Asked on July 7, 2011 under Real Estate Law, Ohio

Answers:

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

Answered 10 years ago | Contributor

You would really have to consult with an attorney in your area of Ohio.  Some states have it codified - actually written in to the law - that a landlord can choose not to rent to a person as long as the reason is not based upon those categories that are protected from discrimination under the law: race, religion, gender, sexual orientation, etc.  Your category here is not one of those that is protected under the law.  And although it is unfortunate that the owner is not willing to hear you out with what the real story about those criminal matters may be, I think that he or she may be well within their rights to deny you an apartment.   


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption