Most people recoil at the idea of discriminating against people and probably just as many presume that existing laws prohibit discrimination. What many do not realize is that the laws against discrimination, for the most part, only cover those in so-called “protected classes.” The typical protected classes are, as one may expect, based on race, gender, national origin, religion, age (over 40), and disability. Needless to say, it is unlawful for a landlord to discriminate against prospective tenants on the basis of any of these. Aside from these protected classes, can a landlord discriminate in choosing his or her tenants on the basis of other reasons?
Obviously, a landlord generally wants to create a safe environment for his or her tenants and the others who live in the vicinity of the landlord’s property. Although seemingly responsible, may a landlord attempt to achieve the goal of safety by discriminating against potential tenants on the basis of their criminal records? As criminals or former criminals are not among those within the protected classes described above, discrimination against people with criminal records is legal.
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