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My husband has a felony from 04/2017 for marijuana, he has…

My husband has a...

My husband has a felony from 04/2017 for marijuana, he has been cleared thru homeland security for a twic badge to work on the dock, we were just recently denied to rent a home based on him having that felony.. how is this legal? we have good income and this lady just right out said cause he had that felony

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

For?

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Answered in 9 minutes by:
3/1/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,340
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good afternoon,

Unfortunately, it is legal. Being cleared through homeland security is unrelated to a landlord's right to screen tenants and reject those that they feel may pose a risk. While it is a form of discrimination, it's not a protected class, like race, religion, sex, disability or national origin. While in 2016, the Department of Housing and Urban Development released a statement regarding the practice of using criminal records in making rental decisions and the potential discriminatory impact, it was just that -a statement, and not a law.

What they say is that a policy that bars ALL felons, no matter what the nature of their crime or when it was committed, might be considered to be discriminatory because of the perceived disparate impact on people of color. Until actual cases or new “guidance” prove otherwise, a landlord can have policies regarding renting to felons that protect their property, safety, or the safety of you other tenants and neighbors. What they can’t do is have a no-felons policy based on generalizations like “all criminals are bad tenants”.

Bot***** *****ne --regrettably, there is no legal cause of action here based on the facts you provided. The landlord was within their rights to deny the application. I'm sorry I cannot tell you otherwise.

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Customer reply replied 5 months ago
it's ok, I just find that crazy! she said they don't rent to people that have felonies! regardless to how a person try to change their life some states will never let them forget it but they allow people that play with kids more freedom...smh....I appreciate the answer and how you relayed it to me thank u!!

You're very welcome! I agree that's it's completely unfair, because it definitely is a form of discrimination, but it is one that isn't recognized by our law. IT seems that society wants to punish people for mistakes forever, regardless of, like you said, if a person completely changes their life.

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RobertJDFL
RobertJDFL, Lawyer
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