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  1. #1
    Join Date
    Sep 2016
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    Default Is Unequal Rule Enforcement a Fair Housing Act Violation

    If a landlord does not enforce the rules in a consistent manner against all tenants in a large apartment complex, is that a fair housing violation?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Is Unequal Rule Enforcement a Fair Housing Act Violation

    It can be a fair housing violation. For an obvious example, if the landlord is enforcing a rule only against people of a specific race, gender, religion, skin color, etc., then it would almost certainly be a fair housing violation. If a rule is enforced only against families with children, that would almost certainly be a fair housing violation.

    However, let's say that we're talking about a parking rule, and the landlord only enforces the rule in one area of the parking lot, or only on weekends. Absent additional facts, that sort of arbitrariness or inconsistency is not going to be a fair housing violation, as it in no way relates to a protected right or status of the tenant. If a tenant lets one specific tenant pay rent late, because that tenant is a personal friend, it doesn't violate the fair housing rights of other tenants for the landlord to demand timely rent payments from them.

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