• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Deny due to "sexual predator"?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

johnd

Member
Sexual orientation is not protected in many (if not most) states. I haven't ever heard of political affiliation being protected anywhere. There are a LOT more characteristics that it is LEGAL to discriminate against then not. Being a sex offender and/or convicted felon is obviously not a protected characteristic. But I bet his credit isn't so great either :)

Really? Well I only concern myself with Federal and Wisconsin EEOC mandates, as those are the only ones that concern me. This is directly from a May 24, 2002 EEOC paper:

Note: Many states and municipalities also have enacted protections against discrimination and harassment based on sexual orientation, status as a parent, marital status and political affiliation. For information, please contact the EEOC District Office nearest you.

Do you care to reconsider (retract) your blanket statement? I've known about this for years. I do not post here to prove others wrong, but when one opens the door for me...;) Cheers.
 
Last edited:


johnd

Member
There are a LOT more characteristics that it is LEGAL to discriminate against then not. Being a sex offender and/or convicted felon is obviously not a protected characteristic. But I bet his credit isn't so great either :)

So as not to appear as a troll and instigator, I will agree wholly with this portion of your post. To me that goes without saying, but obviously some things need to be stated for those with little or no experience. Yes, feel free to discriminate against all those things that are not protected.
 

CA LL

Senior Member
Folks...like everything else, this is STATE specific. For example the "record" on the Megan's Law website for sex offender cannot be used to "deny" housing.

BUT LL's work around this by either denying based on something else, or that they are a felon if they are OR the need to protect those in their community. Right now there are probably another 6 or so bills being considered re: this very matter for LL's vs sex offender status.

So please...when answering here...we must do our best to either RESEARCH the specific state law of the OP or suggest THEY do the same.

Protected classes not only vary by state (in addition to Federal ones) but by CITY in some states. Again there is NO blanket right or wrong here as it varies too much.
 
LindaP777
So I can discriminate against Steelers fans???

Yup! Same as Michigan fans!!! (I can't discriminate against Steelers fans, I married one!)
 

Alaska landlord

Senior Member
Why you don't want to be a LL in Madison and Dane County in Wisconsin
Just out of interest to the subject of housing discrimination.


Federal protected classes include:

* race
* color
* religion
* sex
* national origin
* mental or physical disability
* familial status (including pregnancy).

Wisconsin includes federally protected classes plus the following:

* sexual orientation
* marital status
* age (for people over 18; children are protected through family status)
* lawful source of income.

Madison and Dane County include all federal and state protections plus the following:

* type of military discharge
* arrest or conviction record (limited protections)
* physical appearance
* political beliefs
* student status
* victims of domestic abuse or other crimes (limited protections)
* refusal to disclose Social Security Number (City of Madison only).

Examples of people who are not protected under City of Madison, Dane County, state or federal law include: smokers, vegetarians, and people with pets that are not service or therapy animals. Local cities and counties might have additional protected classes or varying specifics.

For instance, the City of Madison also makes it illegal for landlords to discriminate solely on a "three times the rent" or minimum income standard. Landlords must disclose such standards in writing and accept applicants if they demonstrate evidence that they have paid an equal or higher proportion of rent successfully in the past (MGO 32.12(6)). See Tenant Resource Center's information on Minimum Income Requirements.

Additionally, Dane County forbids housing discrimination based on conviction record unless it presents a reasonable fear for safety of residents or employees (DCO 31.11(5)). City of Madison further includes arrest record and adds that discrimination is illegal if more than two years have passed since the tenant was placed on probation, paroled, relased from incarceration, or paid a fine, and is illegal if the landlord does not use a uniform process of checking arrest and conviction records (MGO 3.23(4)).

In the City of Madison, a landlord may not deny housing or services due to the fact that the applicant has declined to disclose his or her Social Security Number when such disclosure is not compelled by state or federal law (MGO 3.23(4)(a) and 3.23(5)).
 

ecmst12

Senior Member
Holy crap, no wonder John had such strange ideas about protected classes! That's WAY above and beyond what most states do. But it almost makes me want to move to Wisconsin :)
 

johnd

Member
Yes. Thank you Alaska landlord and ecmst12.

I don't know that I have "strange ideas." But I am well-acquainted with the housing laws here...I've been at it 16 years. And I correct others when they like spewing the adage that "the housing laws here are so slanted towards the tenant." I respond, "No, not really. You must simply know their rights, not violate them, know the law, and have an airtight lease." I am not fooling myself. These are just the rules we must play by. And while this is all true, we do have some of the most stringent housing laws around. It's far less a challenge and seems far less stringent after 16 years of the same old, same old. At least that's what I keep telling myself. About the only protection we don't have is whether you use Colgate or Crest. ;) Cheers.
 

Alaska landlord

Senior Member
I know I would not appreciate being forced to rent to jump through the hoops for section 8 applicants though I know I can probably figure out a way around it. It also looks like illegal aliens (no ssn), drug dealers (source of income not relevant) and criminals are welcomed. I would take my business elsewhere. Cudo’s for hanging in there.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top