Is this considered housing/tenant discrimination?

Question

long story short - myself, my partner, and our 16mo old daughter went to a nice private housing community to rent a condo that was individually owned. we loved it, we wanted it, so we gave him the deposit and the first month's rent. we signed the lease with my partner as the primary lease holder, and we had my father co-sign. the owner signed the lease also, said it was ours, and that we could pick up the keys on the 15th of aug.

i got a phone call a fews days after, he said that he was sorry he couldnt rent us the condo. he said the background check came back and showed that my partner had a criminal charge. well, that was from 8 years ago, and on the application it asked 'have you been convicted in the past 5 years' so she didnt lie. the application was terribly misleading, otherwise she would have been honest about the charge from 8 years ago, or i would have signed the lease. they didnt do backgrounds on occupants, just lease-holders. then he has the audacity to say that he also can't rent to us because it is a single family dwelling and we are not a family. i assume he meant because we weren't a male and female married couple, or that we werent related by blood. i'm pretty positive there is a state law in tennessee that says a landlord cannot discriminate based on familial status.

anyway, my main question is - can we re-apply for a different unit in this community with ME as the primary lease-holder and my father as a co-signer, or would they deny us based on the fact that we had applied with my partner on the lease before? the only social security number they asked for on the application was the primary lease holder, so this time if its me, will they still say no?

sorry to drag this out, we are just devasted to have lost the place. we had signed the lease and were ready to move in and everything when the guy dropped this bomb on us. is what he did legal? and would my plan of being the lease-holder next time work?

(i'd also like to add, for character's sake, that 8 years ago my partner had a drug charge and acknowledges this mistake in her life and has remained clean and sober since and has not been in any other trouble whatsoever)

Answer 1

You can consult a legal aid or real estate attorney in your area and see what they can do.  But I have rental property and I always do a background check, criminal and credit.  I require references from the last landloard and actually go visit that landlord, but I actually look at their car to see how well they keep it cleaned up because that is a indication of how well they will keep up my property.  My guess is that the criminal check was only a part of the reason. He may be prejudiced against your choice of partners or maybe it's in the unwritten rules of who ever owns the complex. the only way you will be able to do anything is through legal channels

Answer 2

Not only is it legal it is common.  If the lease has a clause that states you must be approved prior to taking possession (or if the subdivision has a restrictive covenant to that effect), then the lease is voided.  

As much as I hate to say it, The Mom was correct about one's status as an exconvict not being a protected class against whom discrimination is illegal.  However, you are most likely considered to be a family.

Bottom line:  Why do you want to live in this house after what your landlord and/or the homeowners association has done to you?  You can find another place just as nice or better, where people aren't so bigoted.

Answer 3

Not all discrimination is illegal.  It is legal discrimination for a LL to deny occupancy based on criminal conviction, even 8 years old.  HOWEVER, they run the background and credit check BEFORE signing the lease.  Once they've signed the lease they are bound and you are bound.  So UNLESS there was something you signed saying it was contingent upon acceptable crim/background check, then you've got the place, they can't withdraw it from you.  

Usually the laws are written to prevent discrimination AGAINST families.  Not sure what TENN statute says and whether you would be protected.  However to find out, go to your local HUD or housing agency to talk to some one and file a complaint.

Not sure how you're doing this leasing bit.  I REQUIRE all occupants to be on lease, no one else is permitted to live in unit, except children of the lessees.  If it's as you described, then you'll probably be able to get into complex.

Answer 4

Not sure if it were legal or not, but it sure sounds like discrimination to me. The guys a pure jerk. If you really want in that community, then yes you sign as lease holder. What a jerk, Hope he gets screwed over by whoever does lease his dam condo. >:D<

Answer 5

There are a couple of weird things here.

First, if your partner is over 18 they are legally required to be on the lease.

She can not move in and not be on the lease.

Discrimination based on "family status" would not apply here, you are roommates, not family.   They can require that only families live there or single people w/o roommates.

Criminals are not a protected class at all.

You are most likely looking for housing on the wrong side of town.   You need to stick to the areas that other criminals are, your roommate is not welcome in your average middle class neighborhood.    Families live there, with kids and they want to feel comfortable. The only people comfortable with criminals are other criminals.

Answer 6

Once the lease is signed the landlord cannot change his mind. If you feel that strongly about this I suggest you speak to an attorney. It looks like you were discriminated against because of your sexual orientation.