Housing Discrimination: What you need to know.
Finding a rental in Missoula is challenging due to the competitive rental market, but it can be even more frustrating if a landlord denies you housing for discriminatory reasons. In this blog post we will describe the laws that are in place to protect renters, and what you should do if you believe you may be a victim of housing discrimination.
Here is what you need to know:
You are protected from discrimination in the rental market by (1) the Federal Government, (2) Montana State, and (3) the City of Missoula. Each of these bodies have enacted laws that protect certain classes of people from housing discrimination.
Federal Fair Housing Act, 42 U.S.C. 3601
Montana Code Annotated § 49–2–305
The good news is that if you live in Missoula, Montana, all three laws apply to you when you are seeking housing.
1. What groups of people are protected by anti-discrimination laws?Each of the laws described above protects certain groups of people from discrimination, these are called Protected Classes. Below is a chart illustrating the classes that are protected under each law.
These laws also protect suspected members of protected classes. Therefore, you do not actually need to be a member of the class, the landlord or property manager must only think that you are a member of a protected class. (Learn more about Protected Classes.)
2. What discriminatory behaviors do these laws forbid? The following are illegal discrimination practices:
- Refuse to rent housing
- Refuse to negotiate for housing
- Otherwise make housing unavailable
- Set different terms, conditions or privileges for sale or rental of a dwelling
- Provide a person different housing services or facilities
- Falsely deny that housing is available for inspection, sale or rental
- Make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination
- Impose different sales prices or rental charges for the sale or rental of a dwelling
- Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements
- Evict a tenant or a tenant’s guest
- Harass a person
- Fail or delay performance of maintenance or repairs
- Limit privileges, services or facilities of a dwelling
- Discourage the rental of a dwelling
- Assign a person to a particular building or neighborhood or section of a building or neighborhood
Landlords and property managers cannot deny housing to people because they are a member of a protected class. There are a few narrow exceptions but generally the landlord must be able to give a commercially reasonable explanation for denying housing to an individual (low credit score, poor rental references, or a more qualified applicant applied).
Discrimination in advertisement is also forbidden. Landlords may not post adds online or anywhere else that indicate a preference or limitation for members of a protected class.
Housing discrimination can take many forms. Here are examples of illegal discrimination:
Example 1: John, who is a Black man, speaks to a prospective landlord on the phone about leasing an apartment. On the phone, the landlord seems eager to rent to John, but when John meets with the landlord in person to fill out an application, the landlord’s attitude is entirely different. A few days later, John receives a letter saying that his application was denied because of a negative reference from his current landlord. John is surprised because he never had problems with his landlord, and his landlord swears she was never contacted for a reference. John suspects that the real reason he was denied the apartment was because he is Black, so John files a complaint with HUD. HUD investigates and it turns out John is right — the landlord’s files show a pattern of discrimination because of race and color.
Example 2: Jane is a Muslim woman who wears a hijab. Jane walks into the leasing office for a large apartment building because she saw a sign in the building’s window advertising several available units. Jane introduces herself to the leasing officer, who immediately says there are no units available. Jane asks to be put on the waiting list, but she never receives a call. Jane files a complaint with HUD because she suspects that the leasing officer does not want to rent to her because she is Muslim. HUD investigates and it turns out Jane is right — other employees of the building give HUD information that substantiates Jane’s claim of religious discrimination.
Example 3: Steering Is A Form Of Discrimination: John, who is an Asian man, meets with a real estate broker to discuss purchasing a house for his family. When John names the neighborhood that he is interested in, the broker asks John if he is sure that his family will feel comfortable there. The broker tells John that she has a wonderful listing in another neighborhood where there are more “people like them.” When the broker takes John to see the house, John notices that the residents of the neighborhood appear to be mostly Asian. John files a complaint with HUD because steering someone to a certain neighborhood because of his race is a form of race discrimination.
Example 4: Harassment Is A Form Of Discrimination: Jane has a Housing Choice Voucher (Section 8), but one month she falls behind on her portion of the rent. When Jane asks her landlord if he will give her a few more days, her landlord says yes but only if she will go out with him. Feeling she has no choice, Jane says yes. Over the next few days, Jane’s landlord sends her sexually explicit text messages even though Jane tells him to stop. Jane’s landlord tells her that if she does not go out with him again he is going to evict her and she will lose her voucher. Jane files a complaint with HUD because sexual harassment is a form of sex discrimination.
Example 5: Many Housing Units Have Accessibility Requirements: John, a person with a disability who uses a wheelchair, views a condominium he is hoping to purchase in a new multistory building. When John arrives, he finds there are no accessible parking spaces in the building’s parking lot. When John tries to enter the unit, his wheelchair can barely fit through the door and he bangs his arms on the way in. Inside the unit, the thermostat and light switches are all too high for him to reach. The building has a fitness room, but he cannot look at it because the only way to get to the fitness room is to go up steps. John files a complaint with HUD because failing to comply with accessibility requirements is a form of disability discrimination.
Example 6: Reasonable Accommodations Are Required for Persons With Disabilities: Jane has a developmental disability that affects her capacity to manage her own finances. Jane tells her building manager that her mother will be paying her rent for this reason and asks if all notices relating to her rent can be sent to her mother. The building manager tells Jane that the management company has a policy of only sending notices to residents, no exceptions. Several months later, Jane receives an eviction notice because her mother had not known that Jane’s rent had been increased. Jane files a complaint with HUD because denying a reasonable accommodation is a form of disability discrimination.
Example 7: Rules Against Children Are Discriminatory: John has three teenage children. John’s building has a patio with picnic tables, and one day John’s children decide to have lunch there with some of their friends. The next day, John receives a notice from the homeowners association informing him that the building rules say that the patio is for adult-use only and that he needs to make sure his children do not violate the building rules. John files a complaint with HUD because building rules that discriminate against children are a form of familial status discrimination.
Example 8: Discrimination in the Conditions of Housing Is Illegal: John recently moved to the United States from Mexico. One day, John sees that there is a new tenant in the apartment next to his, so he welcomes her to the building. John’s neighbor comments on how nice everyone in the building seems, especially the building manager who offered to waive her security deposit because she seems like a good person. John is surprised because the building manager was short-tempered with him and said that John’s accent made him hard to understand. John later asks around and finds out that the building manager has waived fees and deposits for other tenants he likes, but not for him or other persons from Mexico. John files a complaint with HUD because providing different terms and conditions to tenants because of national origin is illegal discrimination.
These examples were taken directly from the Department of Housing and Urban Development’s website
3. What about Roommates?
The FHA applies only to dwellings. This means that if you are renting a room in your home or apartment the FHA does not apply. A roommate is someone that shares common areas (such as the kitchen, bathroom, hallway etc.). Therefore, if you are a lady and are not comfortable living with a man, you may be allowed to show a preference for women when searching for a new roommate. However, under Montana and Missoula law if the home has more than 3 bedrooms for rent, discrimination is prohibited.
4. What should you do if you are concerned about housing discrimination? Or are a victim of discrimination? If you feel you may have been a victim of housing discrimination or you have questions about anything discussed in this post, please reach out to ASUM Legal Services the ASUM Renter Center, or Montana Fair housing. Discrimination is detrimental to society as a whole, and the only way to stop it is to increase awareness and say something when you see discriminatory behavior.
If you are struggling to find housing in Missoula or the surrounding area, the ASUM Renter Center may be able to help you.
ASUM Legal Services
University Center, Room 116
(406) 243- 2613
ASUM Renter Center
University Center, Room 118
(406) 243- 2017
Montana Fair Housing
501 E. Front Street, Suite 504
Butte, MT, 59701
(406)782- 2573
**Disclaimer: The contents of this publication are not legal advice. There is no guarantee contents are current and up-to-date, or that they apply to your specific situation.
