Have you been discriminated against in your search for housing? Do you have the same access to housing as your friends and neighbors do?

Ever since 1866, there has been a law on the books that prohibits racial discrimination. The Fair Housing Act also prohibits discrimination based on race, religion, handicap, national origin, color, and gender. People with disabilities are protected by the Americans with Disabilities Act.

So why is there still housing discrimination? Equal housing opportunity should be a basic right in this country, but there are more than 25,000 cases of discrimination reported each year.

In this article, we’ll cover what you need to know about equal opportunity housing. If you’re in the market for a new rental apartment or home, you need to know what your rights are!

1. Advertising

Landlords typically advertise online or in newspapers for their rental properties. They should stick to describing the benefits and amenities of the property and never pinpoint who they’re looking for. It can be discriminatory to say “looking for Asian family only” or “women only.”

Landlords should also avoid saying that a property is exclusive or safe, as this can be interpreted to mean they only want to rent to certain groups of people. They should also mention the Fair Housing Act and explicitly state that they don’t discriminate in choosing their tenants.

If you believe that you’ve been a victim of discrimination, read more here about your options. You have the law on your side. Make sure you print out a copy of the advertisement before the landlord has a chance to change it.

2. Screening

Landlords are allowed to ask you about prior evictions, bankruptcy, and why you’re looking for a new place. They are not allowed to screen for mental or physical disabilities on the application. They should also have a clearly-written policy statement that describes their “rental criteria.” For example, landlords are allowed to screen according to your income and credit score.

Landlords, however, should not ask you about your drug and alcohol use. You are not required to provide that information. Likewise, you are not required to give them links to your social media profiles or information about your dating life.

If you have a disability, you are within your rights to ask for reasonable accommodations to a property. You may end up having to pay to install and remove it, however. You should also be able to inspect the rental before you move in for water damage or other deficiencies.

3. House Rules

Landlords are allowed to generate their own house rules, but they need to reflect equal opportunity housing laws. For example, they can’t ban young children from a pool. They can, however, make it a requirement for adults to supervise their children by the pool.

Landlords should also enforce these house rules in an unbiased manner. If you feel like you’re getting prosecuted for a rule that doesn’t seem to apply to other residents, it’s important to note the time and date of the occurrence and obtain video footage if you can.

For example, if a woman can have her boyfriend spend the night at her apartment without being persecuted for it, a gay man should be able to have his boyfriend spend the night as well. House rules need to apply to everyone and landlords should not interfere in people’s personal lives.

4. Eviction

Unfortunately, landlords can evict people when they violate house rules or fail to pay rent. Even if you belong to a minority group or have a disability, you will still be evicted if you don’t follow along with the lease agreement.

If they keep accurate records and can prove that they evict other residents for the same violations, landlords are allowed to evict you. They have to follow the due process in your state, so the length of time before you need to vacate may vary.

If you suspect that you’re being discriminated against during an eviction process, keep records so you can prove your right to equal opportunity housing.

Make sure that you go to the hearing and defend yourself, and get a lawyer if necessary. You may be able to win your case and remain in your home.

5. Felonies

If you have a prior record that includes a felony, you may have a difficult time finding an apartment. When landlords perform a background check, they will find that you have a criminal history. Once they know your background, they may not be willing to rent to you and your family.

You may be surprised to know that landlords can legally deny you according to your criminal past. It doesn’t matter how long ago your felony occurred. You can still be denied residency because your landlord has the right to deny your application.

If you have a felony on your record, you should look for rentals that don’t require a background check. You should also obtain a few character references from your work and from previous landlords if you can. You can also ask the court to seal or expunge your record so it won’t be visible going forward.

Help! I Have an Equal Housing Opportunity Case

If you have a housing discrimination case, you’re going to want to find a lawyer. Although it is possible to settle your case quickly and out of court, it could take months or even years until your case is resolved.

How strong is your case? If you have a landlord saying straight out that he won’t rent to Muslims, for example, try to get video evidence. Ask him or her to state the reason they aren’t following equal housing opportunity laws and let them know you intend to prosecute them.

You should always start with your local Housing and Urban Development office. They can point you toward effective, experienced lawyers and help you with filing your lawsuit. If you feel that you’ve been discriminated against, keep all written communication between you and that landlord.

Most importantly, don’t stop until you feel that your case has been settled to your satisfaction. Send us an email about your housing discrimination experiences.