Is it legal to deny a person an apartment because they have a felony charge from 5 years ago?
My husband and I were recently looking to get an apartment close to where we live now. I have a good credit score and the apartment was going to be 100% in my name. Because my husband was also going to live there we were told he had to fill out a seperate application and have background and credit checks on him as well, and since we've not rented or owned a home before we would have to have a co-signer. We got all the paperwork signed and turned in, and before the woman even ran background checks or anything she denied our application because my husband put on his app. that he has a felony charge from 2002.
That charge was only put on his file because the arresting officer was in a bad mood that day. To quote the arresting report "the suspect immediately began to slow when he saw me approaching with my lights on, but turned his turn signal on and continued less than 1/3 of a mile and turned off onto a side street before stopping" he was getting out of the way of oncoming traffic...
Answers:
A charge or a conviction? A conviction can be grounds for denial.
Yes. It's legal and reasonable.
For what it's worth, I don't think what you described is a felony and I'd check into what your husband's saying coz it doesn't make sense.
Yes it is legal especially if it is child related or drunk related or domestic related. I know it isnt fair but we were denied access to our apartment because of our credit score. i was mad but i realized i made the mistake of not paying my bills on time and so i had to face the music. next time when u apply for housing tell them the whole truth and not that the cop was in a bad mood and take responsiblity u will see honesty may get u a new start and some great digs...
A felony "charge" is meaningless. A felony "conviction" on the other hand, can be significant. A private apartment owner can decline to do business as they wish, so long as it is not based on race, religion, etc. If your husband has a felony conviction that is a legitimate reason to decline to do business. Find out if he has merely charged or if that charge resulted in a conviction. The police report you described does not describe any crime, just the cause for investigating a crime, and is therefor irrelevant to the discussion.
ANY business has the legal right to refuse service/business to anyone they chose not to. If they don't want you, then hey, it's there loss. Give your money to someone who wants it.
yes it is.
Well, what you told us he did is not a felony. He obviously robbed someone, battered someone, stole something or ran drugs or something. They don't slap you with a felony unless you are dangerous.
Yes- the point of being a felon is to make your life diffucult, like renting somewhere etc.
I run a daycare, and it's the first thing I check on. No way would I let a felon into my home. I have no problem with traffic citations, which are misdemeanors.
It was illegal because he had a charge only, not conviction. The denial of rent is legal in case of conviction only. If he had been convicted for that charge, then yes, the denial of rent was legal. If, however, he had never been convicted for that charge, he does not have to state that charge on any paper whatsoever.
Most lenders and credit agencies would consider a felony conviction as a red flag. Denying your application based upon an old charge is ridiculous, but probably not "illegal" if the denial wasn't based on age, sex, etc.
I think there's more to the story about the arrest - police are scrutinized for felony arrests. If he went to court on the charges or plead guilty (paying a fine), then the charge is on his record. If the charges were dropped or he was acquitted, there is no reason to put it on an application. Most applications ask if you were "convicted" of a crime, and the truthful answer is "no".
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