Q: My wife and I have been turned down for a home we tried to rent. Our credit is good, our references are excellent, and we make more than three times the monthly rent — but I’m a lawyer! The landlord told me she won’t rent to lawyers, because she’s found them to be hard to deal with. Is this illegal discrimination? –Larry L.

A: The landlord you’re dealing with has made a categorical decision that anyone in the legal profession is going to pose an unacceptable risk as a tenant. Put another way, it appears that she has not made her decision based on anything in your particular history, but is simply ruling out all attorneys. A decision that’s based on a generalization that has no basis in fact is known legally as an arbitrary decision, because it fails to take into account the actual qualities of the person being judged.

Your question boils down to whether arbitrary discrimination is illegal in the housing context. The answer will depend on where you live. Under federal fair housing law, discrimination based on one’s race, color, religion, national origin, familial status, disability and sex is illegal, but the federal scheme does not extend the ban to discrimination based on arbitrary distinctions. California, however, does prohibit such discrimination, making it illegal, for instance, to discriminate on the basis on one’s occupation. Other states may extend similar protection, and even if your state does not, your municipality may. To find out, contact the fair housing agency for your state.

Q: My son rents an apartment in a large complex. Last month, there was a fire in his building that forced the evacuation of all the tenants. The complex never had a fire drill and had no evacuation plan in place, and the result was complete chaos. My son was injured when he fell on the stairs, pushed from behind by the panicked residents. If there had been an evacuation plan, this might not have happened. Can my son look to the owners (their insurance company) for his medical bills and lost earnings? –Tad M.

A: Insurance applications for apartment house complexes typically ask for details about fire extinguishers, smoke detectors, sprinklers, type of roofing materials, wiring, plumbing and swimming pool fencing, but almost never ask about an evacuation plan for residents. That’s because although many commercial buildings and offices have evacuation plans, there is no uniform insurance requirement for emergency preparedness or evacuations plans for apartment buildings or complexes. Some local government and city ordinances require evacuation plans and fire drills, but they seem to be few and far between.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord’s Legal Guide" and "Every Tenant’s Legal Guide." She can be reached at janet@inman.com.

***

What’s your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story.

Show Comments Hide Comments
Sign up for Inman’s Morning Headlines
What you need to know to start your day with all the latest industry developments
By submitting your email address, you agree to receive marketing emails from Inman.
Success!
Thank you for subscribing to Morning Headlines.
Back to top
Only 3 days left to register for Inman Connect Las Vegas before prices go up! Don't miss the premier event for real estate pros.Register Now ×
Limited Time Offer: Get 1 year of Inman Select for $199SUBSCRIBE×
Log in
If you created your account with Google or Facebook
Don't have an account?
Forgot your password?
No Problem

Simply enter the email address you used to create your account and click "Reset Password". You will receive additional instructions via email.

Forgot your username? If so please contact customer support at (510) 658-9252

Password Reset Confirmation

Password Reset Instructions have been sent to

Subscribe to The Weekender
Get the week's leading headlines delivered straight to your inbox.
Top headlines from around the real estate industry. Breaking news as it happens.
15 stories covering tech, special reports, video and opinion.
Unique features from hacker profiles to portal watch and video interviews.
Unique features from hacker profiles to portal watch and video interviews.
It looks like you’re already a Select Member!
To subscribe to exclusive newsletters, visit your email preferences in the account settings.
Up-to-the-minute news and interviews in your inbox, ticket discounts for Inman events and more
1-Step CheckoutPay with a credit card
By continuing, you agree to Inman’s Terms of Use and Privacy Policy.

You will be charged . Your subscription will automatically renew for on . For more details on our payment terms and how to cancel, click here.

Interested in a group subscription?
Finish setting up your subscription
×