National Origin – Still a Protected Class

Despite all the hyperbolic language regarding Muslim bans swamping the airways and newspapers, individuals are still protected from housing discrimination on the basis of their national origin. Recent efforts by the new administration to control entry into the United States by certain groups has led some property owners and managers to change screening requirements at properties. Owners and managers should be reminded that they cannot create screening procedures that discriminate on the basis of national origin.

 

Leasing decisions should be based solely on legitimate screening criteria, relating to one of four areas:

  1. Is the applicant eligible?
  2. Will they pay their rent?
  3. Will they take care of the property?
  4. Will they respect their neighbors?

 

Owners should make sure they do not require a different level of documentation for some prospects than for others based on where they come from. For example, applicants from the Middle East should not be held to a higher standard than other applicants.

 

In response to the President’s attempts to bar citizens of some Muslim-majority countries from entering the United States, some owners may believe that people from Middle Eastern countries can be treated differently; this is not the case. Regardless of an applicant’s religion or national origin, they must be treated exactly the same way as any other applicant.

 

Owners and managers should remember that discrimination does not come only from management staff – it can come from other residents. Some owners have asked residents to report suspicious activity by other residents, but this does not excuse discrimination against certain religions or individuals from certain countries. Any complaint by one resident against another must be based on legitimate issues and not for discriminatory reasons. Tenant-on-tenant harassment is illegal and if management is aware of such harassment and fails to take action, the owner may be held liable.

 

The bottom line is that you should not let highly publicized fear mongering or prejudice lead to a fair housing violation. All applicants and residents must be treated equally and managers have to overcome their own fears and prejudices when determining the housing privileges to be provided.

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