Receiving an eviction notice can be frightening. Many tenants worry about where they will live, how they will pay moving expenses, and whether an eviction will make it harder to rent another home.
When the circumstances surrounding an eviction seem unfair, another question often follows:
Can tenants sue for discriminatory eviction?
In some situations, the answer may be yes.
Federal and state fair housing laws prohibit landlords from making housing decisions based on certain protected characteristics. If an eviction was motivated by unlawful discrimination rather than a legitimate lease violation, legal action may be available.
A civil rights lawyer from Ben Crump Law can help.
What Makes an Eviction Discriminatory?
Not every eviction is unlawful.
Landlords generally have the right to remove tenants who fail to pay rent, repeatedly violate lease terms, damage property, or engage in illegal activity.
A legal issue may arise, however, when a tenant is treated differently because of a protected characteristic rather than for legitimate business reasons.
Under the federal Fair Housing Act, protected classes generally include:
- race
- color
- religion
- sex
- national origin
- disability
- familial status
Many states and local governments provide additional protections that may include age, sexual orientation, gender identity, military status, marital status, or lawful source of income.
What Evidence May Help Support a Claim?
Housing discrimination is not always obvious.
In many cases, the strongest evidence comes from comparing how different tenants were treated under similar circumstances.
Useful documentation may include:
- eviction notices
- lease agreements
- rent payment records
- emails and text messages
- photographs
- maintenance requests
- witness statements
- records showing how other tenants were treated
Keeping copies of these materials may help preserve important facts while questions are investigated.
Facts, Figures, Events, Cases, and Trends
The Fair Housing Act of 1968 prohibits many forms of discrimination involving the rental, sale, and financing of housing. (U.S. Department of Housing and Urban Development)
HUD and its Fair Housing Assistance Program partners investigate thousands of housing discrimination complaints every year. Disability discrimination consistently accounts for the largest share of complaints. (HUD Annual Fair Housing Report)
The National Fair Housing Alliance estimates that millions of discriminatory housing incidents occur annually, although only a fraction are formally reported. (NFHA Fair Housing Trends Report)
In Texas Department of Housing and Community Affairs v. Inclusive Communities Project (2015), the U.S. Supreme Court confirmed that certain housing practices with discriminatory effects may violate the Fair Housing Act. (U.S. Supreme Court)
The U.S. Department of Justice continues bringing enforcement actions against landlords and property managers accused of violating federal fair housing laws. (DOJ Civil Rights Division)
Brief Timeline of Key Developments
1968
Congress enacted the Fair Housing Act to combat housing discrimination.
1988
Congress strengthened federal enforcement and expanded protections for people with disabilities and families with children.
2015
The U.S. Supreme Court affirmed that disparate-impact claims may proceed under the Fair Housing Act.
Present
Federal agencies, state officials, and nonprofit organizations continue investigating allegations of unlawful housing discrimination.
Frequently Asked Questions
Tenants often ask:
- Can my landlord evict me after I request a disability accommodation?
- Is it legal to treat families with children differently?
- What if other tenants broke the same rules but were not evicted?
- How long do I have to file a housing discrimination complaint?
- Should I save text messages and emails from my landlord?
The answers depend on the specific facts, the available evidence, and the laws that apply where the property is located.
FIND OUT MORE
Nationally renowned civil rights and personal injury attorney Ben Crump, today, Martin Luther King Jr. Day, urged California Gov. Gavin Newsom, Attorney General Rob Bonta, and state lawmakers to issue a moratorium on mortgages and unsolicited offers to purchase properties affected by the Eaton fires.
Understanding Your Rights
The law recognizes that landlords have legitimate reasons to remove tenants in appropriate situations.
At the same time, fair housing laws exist to ensure those decisions are based on lawful factors rather than prejudice or unequal treatment.
Knowing your rights may help you recognize when an eviction deserves closer legal review.
Seeking Legal Guidance
Every tenant deserves an equal opportunity to remain in housing free from unlawful discrimination.
If you believe your landlord sought to evict you because of a protected characteristic, understanding your legal rights may be an important next step.
You may contact Ben Crump Law at +1 (800) 683-5111 for a free, confidential consultation.
