Is it discrimination if an a company that owns several apartment communities has different qualification guides lines for each?

UPDATED: Sep 29, 2022

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Is it discrimination if an a company that owns several apartment communities has different qualification guides lines for each?

My application was denied at one community due to my husband’s 23 year old felon conviction which was not a violent felony conviction. I saw that at 1 of their communities that it had to be in the past 10 years and it had to be a violent felony which they go in to describing as rape, murder and armed robbery. My husband has not had any of the abovementioned. The president wrote me a letter stating that the 3rd party company rule was company wide, which is not the case and stated that the decision was final due to fair housing, they did not offer me the dispute form that is on their website.

Asked on October 14, 2015 under Real Estate Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately, even if they are inconsistent in how they treat felony convictions or criminal records more generally, they are allowed to be inconsistent and to refuse to rent to you and your husband in your state, there is no protection in housing applications for people with criminal records, so they can legally and arbitrarily refuse to rent on this basis.

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 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.

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