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Age Discrimination in Alabama Apartments

By |September 12th, 2018|AL|

Alabama does not directly prohibit landlords from discriminating against tenants based on their age. However, landlords should be careful to avoid discriminating against children and families (whom are protected under federal and state law). Additionally, discriminating against a senior because of their disability is prohibited under federal and state fair housing law which protects those with mental and physical health conditions. Segregating by Age A typical technique by landlords to minimize conflict between tenants is to group sections of buildings or advertise units for certain ages. For example, a landlord may advertise a trendy and loud neighborhood to younger tenants. A landlord might list a home in a quiet neighborhood is best for the elderly. Alabama landlords are free to advertise units as ideal for certain age groups and to deny housing to people who do not fit those criteria [...]

Discrimination Against Mental or Physical Health Conditions in Alabama Apartments

By |September 12th, 2018|AL|

Alabama and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants' handicaps. What's Covered? Alabama and federal law cover mental and physical health-related handicaps. A "health condition" is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer's, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. Ala. Code 24-8-5 , Ala. Code 24-8-7 , Ala. Code [...]

Discrimination of Families, Pregnant Women, and Children in Alabama Apartments

By |September 12th, 2018|AL|

It is illegal in Alabama (and federally) for landlords to discriminate against tenants based on their having children, being pregnant, or otherwise their familial status. Children must be provided equal access to all facilities and services offered to adults. Family Restrictions Most types of restrictions on families with children violate Alabama and federal law. For example, charging tenants with children higher rent or a higher deposit, advertising an apartment as being only for families (or not for families), putting an age limit for children, and placing all families in one part of the building are all illegal. Ala. Code 24-8-5 , Ala. Code 24-8-7 , Ala. Code Sec. 24-8-4 . Rights of Children Landlords that treat children and adults differently are violating the law that prohibits landlords from discriminating against a tenant's familial status. Thus, prohibiting children from playing in [...]

Discrimination of Source of Income in Alabama Apartments

By |September 12th, 2018|AL|

Alabama does not protect tenants from landlords who deny an apartment application based on the type of job they have. There are few exceptions when the job is related to the tenant's gender, race, religion, or other protected categories under the Fair Housing Act. Some states, counties, and cities may block landlords from discriminating against Section 8 Voucher tenant applicants and landlords should know it's illegal to have a blanket policy of denying all applicants with a criminal record. Section 8 Voucher Recipients Alabama does not prohibit landlords from denying tenants because they are a Section 8 voucher holder. To the best of our research, we did not find any cities or counties in this state that prohibit denying voucher holders. However, a few states and cities are considering such a prohibition so please check back periodically. Locations with Section [...]

Racial Discrimination in Alabama Apartments

By |September 12th, 2018|AL|

Alabama protects tenants from discriminatory practices by their landlord based on their race, color, national origin, and ancestry. Similarly, tenants also have protection under the federal law from discrimination based on their race, color, and national origin. Discriminatory Actions Discrimination is broader than just saying a certain race cannot rent an apartment. Discrimination includes: pressuring a tenant to rent or not rent based on people of a certain race, color, national origin, or ancestry in the neighborhooddenying a loan based on their race, color, national origin, or ancestryfalsely stating an apartment is not available because of the tenant's race, color, national origin, or ancestrydenying an applicant the opportunity to inspect the apartment based on their race, color, national origin, or ancestryinterfering with a tenant's use and enjoyment of the property based on their race, color, national origin, or ancestryrefusing to [...]

Religious Discrimination in Alabama Apartments

By |September 12th, 2018|AL|

Alabama protects tenants from discriminatory practices by their landlord based on their religion. Tenants also have similar protections under federal law. Discriminatory Actions Discrimination covers quite a bit more than just landlords who refuse to rent to certain religions. Discrimination includes: denying an applicant the opportunity to inspect the apartment based on their religiondenying a loan based on their religionadvertising an apartment that's for or not for a person based on their religionrefusing to make reasonable accommodations based on a tenant's religioncharging different rent or offering different amenities based on religionpressuring a tenant to rent or not rent based on people of a certain religion in the neighborhoodinterfering with a tenant's use and enjoyment of the property based on their religionfalsely stating an apartment is not available because of the tenant's religiondenying an apartment or application based on their religion [...]

Sex, Gender, and LGBT-Based Discrimination in Alabama Apartments

By |September 12th, 2018|AL|

Alabama law (and federal law) protects tenants from discrimination based on their sex or gender. This covers everything from offering lower rent for sexual favors to advertising men or women only apartments. Alabama has no explicit protections for LGBT tenants, but federal and state protections against discriminating by one's gender offers some indirect protections in certain cases. To be safe, landlords should be careful about treating LGBT tenants differently. Sexism Alabama law and federal law protect tenants from discrimination based on their sex (e.g., male, female). This protects tenants from most kinds of sexist acts, including refusing to make reasonable accommodations based on a tenant's sex, denying a loan based on their sex, falsely stating an apartment is not available because of the tenant's sex, advertising an apartment that's for or not for a person based on their sex, charging [...]

Can Landlords Reject Tenants with Housing Vouchers in Alabama?

By |September 12th, 2018|AL|

There is no explicit law in Alabama, its major cities, or counties regarding whether landlords can implement a policy of not accepting vouchers or tenants receiving government assistance to pay rent. However, some courts have ruled that doing so violates the Fair Housing Act and similar laws. Discrimination Against Families and Minorities Most of the time, landlords are free to deny voucher holders as a rule where there is no direct rule against it. However, a few courts have held that discrimination against voucher recipients (e.g., a "No Voucher" policy) violates anti-discrimination laws (see the Fair Housing Act and the corresponding state law of Alabama). This is because a majority of voucher recipients are minorities and families and so such a policy has a discriminatory impact on those protected groups. While rare, it's becoming increasingly common. To be on the [...]