ACLU Takes Aim at Landlord in Rental Fairness Dispute

A criminal record can prove a troublesome barrier to many necessities, from securing gainful employment to obtaining approval for decent housing. Because of the problems that often develop from those difficulties, state and federal lawmakers have passed a range of regulations intended to promote fairness and non-discrimination.

Fair Chance Laws

Typical among those provisions is the stipulation that landlords may not summarily deny applicants based on their criminal history, particularly for housing; otherwise, supporters contend, it might become impossible for rehabilitated individuals to locate housing.

For example, according to a 2017 report by Virginia affiliate NBC 12, alleged violations of these laws created problems for a property management company. 

In a suit filed on behalf of former applicants to an apartment complex in the small community of Woodlake, the American Civil Liberties Union (ACLU) claimed that the landlord used an application that plainly stated applicants with felony convictions and other criminal charges would be denied, and their applications would not be fully considered. The application went even further, barring applicants who were on probation. 

ACLU Purpose

The ACLU claims that these procedures were discriminatory. The landlords insisted that the suit was based on a misunderstanding—their original statement was meant only to notify applicants that they would face a required background check. As NBC 12 reported, the application form did not feature appropriate language and contained only a background check notification. 

The ACLU claimed that the original statement didn’t aim to notify applicants but to warn them of disqualifying conditions. While a landlord may consider criminal history facts, failing to consider the full breadth of an applicant’s suitability by using a blanket ban on criminal charges is closer to illegal discrimination. 

The ACLU’s stated goal is to ensure that all prospective tenants know their right to an equal opportunity to secure housing while warning landlords and property managers that violating the principles of non-discrimination has consequences. The organization also wants to ensure that the apartment complex in Woodlake ceases any discriminatory practices.

Evaluating an applicant’s criminal record is not an unusual step for landlords. Indeed, checking creditworthiness, contacting references, and other vetting steps are often an integral part of their effort to attain a holistic view of an applicant’s suitability. It is fundamental for property owners to make a balanced consideration based on what they learn through an application rather than letting one factor—such as a past conviction—influence their decision. 

More Recent Cases

In a more recent case, HOME of Virginia, Inc. filed a lawsuit against Wisely Properties, LLC, & Multifamily Management Services, Inc. This lawsuit challenges the companies’ policy on criminal records. It claims that policies breach anti-discrimination laws.

The complaint asks for a permanent injunction, meaning they want the property owners to change their policies about criminal records in housing applications. It’s essential to have individual assessments instead of refusing housing based on someone’s past.

This case demonstrates how concerns about unfair practices in housing persist. Fair housing laws are fundamental to ensure people aren’t unfairly denied homes because of past convictions.

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