Familia Discrimination or Not?

Question

This owner occupied triplex, legally discriminated against renting to families with children.

The owner hired a licensed agent to represent them to rent a 2 bedroom apartment in this owner occupied triplex.  A well qualified applicant was turned down by the owner because the applicant had one child.

The agent, to get around the legalities, changed the listing to a one bedroom and eventually rented the apartment to a single person.

Did the agent break the law?

Russell Brazil · Answer

Sounds like they did, but of course its impossible to say without all the details. Did they actually say the reason the applicant was turned down was because they had a child? It would seem pretty brazen for someone to openly admit that.

Debbie C. · Answer

@Ken George You state that a well qualified applicant was turned down. That they had a child might not have had anything to do with it.

We recently had a sfh ( 2 bedrooms) available for rent in a good area and slightly below market and we were flooded with calls and e-mails. We had many people submit applications without having toured the house. We had some applicants that did not qualify, however, multiple people met or exceeded our listed requirements. We ended up renting to a single person who was the most qualified applicant. Nothing else entered into it.

Without knowing how many other applicants there were and their qualifications including the person with the child that was turned down, I can't say if discrimination took place. I sincerely hope not.

Jackie Cramer · Answer

Who are you in this?

perhaps the party with the child was not qualifiable.

Maybe the new listing specified a BR + an office.

Could there be rules that an owner occupied triplex does can be more selective than larger multi families

Mat O'Grady · Answer

I believe if you live in a four unit or less property, you can discriminate against anyone for whatever you want. Not saying that I would...

Taylor L. · Answer

I'm honestly surprised you guys don't spend more time on these types of forums Alex

Bill B. · Answer

@Alex Guzmán

Yes, actually I do understand that. But the OP said “the owner legally discriminated”. He then went on to make it sound like the original applicant with the kid found out that a single person rented it.

If HUD was involved and there was a violation cited and a fine assessed I assume the OP would have included that in the post. Since it wasn’t. Either there was no violation found or there was no HUD investigation, pick one. Maybe the OP can chime in

In todays market I assume they got 20-50 applications in the first 2-3 days. If the owner only got 2 applicants. And they chose the less qualified applicant because they didn’t have a kid he did a horrible job of hiring an agent. If the agent said here are two qualified tenants we got today pick one then there was no violation.

Alex Guzmán · Answer

@Bill Brandt it’s necessary to enforce Fair Housing laws, actually.

Proving discrimination actually requires evidence, and that evidence is often a comparison of who received the unit vs who did not receive the unit. HUD funds organizations to conduct these sorts of undercover investigations to assist people who are alleging discrimination. That evidence is then used to file a complaint or lawsuit.

It’s like the police, but for housing discrimination.

People are free to collect their own evidence, as well, within the bounds of the law.

Bill B. · Answer

Maybe someone walked the property who wanted 2 bedrooms and noticed it wasn’t a legal bedroom and it had to be re-listed as a 1 bedroom.

As stated above. NOBODY, especially an agent would call someone and say “sorry, we’re turning you down because you have a kid”. BUT, I could see someone with a kid justifying why they were turned down to themselves. I’m not excited that they stalked the owner/property to find out who rented it and that person’s familia status. Sounds like a psycho I wouldn’t want in my home where I sleep.

When I don’t get a property I certainly don’t go hunting down the person who got it to find out if they’re single or married.

Alex Guzmán · Answer

If they used an agent, FHA applies— no exemptions, regardless whether owners occupy the property or not. HUD would consider an office or living room as a bedroom for occupancy purposes per the Keating Memo. If all applies, allegations could include refusal to rent and misrepresenting availability on the basis of familial status. Both owner and agent potentially liable.

Jackie Cramer · Answer

Who are you in this?

perhaps the party with the child was not qualifiable.

Maybe the new listing specified a BR + an office.

Could there be rules that an owner occupied triplex does can be more selective than larger multi families

Familia Discrimination or Not?

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