Landlord quotes different rental rates based on race
Fair Housing
Partnership, Inc. (FHP) sues for discrimination
The Fair Housing Act, also known as the Civil
Rights Act of 1968, prohibits persons involved in residential real
estate-related transactions from discriminating against a person on the
basis of race, color, religion, national origin, sex, handicap or familial
status. The Act among other things makes it illegal to discriminate against
any protected class when selling or renting a dwelling.
PENNSYLVANIA
August 14, 2001
Question Before the Court:
when a landlord quotes different rent rates to
different tenant applicants is it violation of the Fair Housing Act?
Facts:
The DeFelices
purchased property next door to their home intending to put it on the market
for rent. The Fishers, a black couple, contacted the DeFelices about renting
the apartment. The Fishers were shown the property, given a rental
application and quoted a rental price of $850 per
month.
The Fishers were not happy with
the way the DeFelices treated them during the visit. They felt the DeFelices
did not want them as neighbors and were discriminating
against them because of race. Instead of
submitting the rental application, the Fishers contacted the Fair Housing
Partnership Inc. (FHP) to complain.
FHP sent two testers,
one black, the other white, to make inquiries about the rental property. The
black tester was quoted a price of $950 a month, while the white tester was
quoted
$700 per month.
Based on FHP's
investigation, the Fishers sued the DeFelices, alleging unlawful
discrimination based on race.
The DeFelices asserted
that neither the Fishers nor the FHP testers were determined to be qualified
to rent the property, and thus were never denied the opportunity to rent it.
Therefore, they couldn't have discriminated
against the Fishers.
DECISION: for the plaintiff. The court ruled in favor of the
Fisher's discrimination claim. Damages and
attorneys' fees were awarded.
APPEALED:
The DeFelices appealed.
DECISION: Affirmed.
The
DeFelices racially discriminated against the Fishers.
To prove
discrimination based upon race, rental applicants must show they were a
member of a protected class and were not offered the same terms, conditions,
or privileges for the rental of a dwelling.
The Fishers were black
and thus members of a protected class. The Fishers and the black FHP tester
were quoted substantially higher rents than the white tester. Therefore, the
disparity between the quotations established the DeFelices' racial
discrimination.
Because
the DeFelices were unable to provide a
legitimate, non-discriminatory reason for their actions, damages and
attorneys' fees were correctly awarded.
Citation:
Fisher v. DeFelice, Commonwealth Court of Pennsylvania, No. 1945 C.D. 2000
(2001).
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