Housing Discrimination
There are many types of discrimination in housing. You might be discriminated against when you are denied after applying for housing or by your existing landlord. Please see below for common questions and issues if you believe you may be the victim of housing discrimination. If you believe that you have experienced discrimination in any aspect of housing, please feel free to contact us at any of our local offices. You can also find information about housing discrimination and how to file a complaint at the following websites:
Department of Housing and Urban Development (HUD)
Nevada Equal Rights Commission
Nevada Fair Housing Center (southern Nevada)
Silver State Fair Housing Council (northern Nevada)
You can contact Silver State Fair Housing Council at (888) 585-8634. You can also contact HUD directly at (800) 347-3739.
Common issues if you believe you have been discriminated against in housing:
My landlord has treated me unfairly. Isn't this discrimination?
What are some examples of different terms and conditions that violate the Fair Housing Act?
How can I prove my landlord is discriminating against me by treating me unfairly?
My landlord has a no pets policy. Do I have to get rid of my pet?
How do I get the landlord to accept my service or emotional support animal?
The landlord is asking for proof that my dog is a certified as service animal. Do I have to get proof?
My landlord wants an extra deposit for my service animal, is this legal?
My landlord is asking for proof that I am disabled. Should I supply it?Discrimination in the Eviction Process:
What legal reasons can a landlord use to evict me?
I received a 5 Day Pay Rent or Quit Notice. Could this be discriminatory?
I received a 5 day lease violation notice or a 3 day nuisance notice. Could this be discriminatory?
I don’t know why the landlord wants to evict me. Doesn’t the landlord have to tell me?
How can I prove my landlord is discriminating against me in the eviction process?Discrimination in the Application Process:
I applied for an apartment and the landlord rejected my application. Is this discrimination?
The landlord will not give me ANY reason for denying my application, is this legal?
How can I prove the landlord has discriminated against me in the application process?
My landlord has treated me unfairly. Isn’t this discrimination?
Unfair treatment does not always violate the law. The unfair treatment must be based on a reason that violates the law. The Fair Housing Act and NRS 118.100(1)(b) prohibit a landlord from treating you differently than other tenants if the motivation for the different treatment is your race, color, religion, nationality, sex, disability, sexual orientation, gender identity, or family size or pregnancy. If you live in a mobile home park, NRS 118B.100(1)(e) requires the owner of a mobile home park to enforce park rules equally to all tenants of the park. See LINK for more information on mobile homes.
What are some examples of different terms and conditions that violate the Fair Housing Act?
To violate the Fair Housing Act, the landlord must base a term or condition on a suspect class, such as your race, color, religion, nationality, sex, disability, sexual orientation, gender identity, or family size or pregnancy. The term or condition must also be unfavorable to you.
For example, the landlord cannot charge more rent or withhold more money as a security deposit based on your suspect class. Another common example is when the landlord denies maintenance or other services based on your suspect class. A landlord cannot have more restrictive pool or recreation room rules based on your suspect class, i.e., race, color, religion, nationality, sex, disability, sexual orientation, gender identity, or family size or pregnancy. This would also apply to restrictions on kids using the pool and recreation room.
How can I prove the landlord is discriminating against me by treating me unfairly?
If the landlord has a discriminatory term or condition, you should first try to get this term or condition in writing. You should also try to find other tenants who are aware of the term or condition. If the landlord or manager has used language or acted in a way that strongly suggests discrimination, this will support your claim. If others have seen or heard the offending words or actions, this will help. Finally, if you walk the grounds of the apartment complex and notice that one race or ethnicity dominates, this would also be evidence of discrimination.
If you file a complaint with HUD, HUD will investigate your claim. As part of its investigation, HUD can ask to look at the landlord’s files and gather information of the landlord’s eviction history and the racial/ethnic composition of the complex. This investigation could produce further evidence that supports your claim.
My landlord has a “no pets” policy. Do I have to get rid of my pet?
Even if the landlord has a “no pets” policy, you can still keep your service or emotional support animal. If you are disabled, either mentally or physically, and your pet helps you with your disability, the landlord cannot enforce a no pets policy against you. The classic example is a seeing-eye dog for the blind. These animals are known as service animals. The landlord cannot deny housing to you or evict you because you need a service animal.
More difficult cases arise when the pet helps you with your mental disability. For example, you keep a canary to cheer you up and help with your depression. The canary is known as an emotional support animal and you have a right under the Fair Housing Act to keep your canary.
How do I get the landlord to accept my service or emotional support animal?
You should first submit a written request to the landlord. In this letter, you should ask the landlord to accommodate your disability by allowing you to keep your service or emotional support animal. Keep of a photocopy of this letter. You should include with your letter any medical documentation to support why you need the service animal and any certification for your animal.
The landlord must allow you to keep your animal unless the request is unreasonable. An unreasonable request usually involves an animal that causes undue damage to the premises, makes too much noise, or attacks other tenants or their pets. You must also clean up after your service or emotional support animal. If the landlord denies your request, ask the landlord to put this denial in writing. If you disagree with the denial, you can then file a Fair Housing complaint.
The landlord is asking for proof that my dog is a certified as service animal. Do I have to get proof?
No. Proof that an animal is a service animal is not required under the Fair Housing Act. Typically, you will not have certification for your service animal. Yet, it is always a good idea to either provide certification if you have it or explain why you do not have it. For example, an emotional support animal does not have any certification. Your doctor’s note should be enough for an emotional support animal. The landlord will have a stronger argument to deny the accommodation request if you do NOT supply the proof.
My landlord wants an extra deposit for my service animal, is this legal?
No. A service or emotional support animal is NOT a pet and should not be subject to ANY pet deposit. The landlord also cannot charge any extra deposit for your service or emotional support animal as this rule would discriminate against tenants with disabilities and violate the Fair Housing Act.
My landlord is asking for proof that I am disabled. Should I supply it?
The landlord is not allowed to ask for proof of your disability under the Fair Housing Act. However, the landlord can ask that the accommodation be related to your disability. If you need a seeing-eye dog, then you should supply some documentation establishing that you have impaired vision. An emotional support animal for a mental disability would require some medical documentation that you are being treated for a mental disability. A prescription from your doctor should be enough for an emotional support animal.
Discrimination in the Eviction Process
What legal reasons can a landlord use to evict me?
Under Nevada law, a landlord can evict you if: (1) you fail to pay rent, you or your guest commit a nuisance or lease violation, or for no reason after your lease has expired. Even if the landlord lists a legal reason for the eviction, you may still have illegal discrimination if the reasons are false or if the landlord ONLY evicts people of a certain race, color, religion, nationality, sex, disability, sexual orientation, gender identity, or families with children or pregnant mothers. See our page regarding Eviction Notices for more information on the eviction process.
What reason can’t a landlord use to evict me?
Under Nevada law and the federal Fair Housing Act, a landlord cannot evict you based on your race, color, religion, nationality, sex, family size or pregnancy, disability, sexual orientation, or gender identity. For example, the landlord lists “having too many children” as the reason for the eviction. This would be a violation of the Fair Housing Act unless you lived in Housing for Older Persons. See Housing for Older Persons for more information.
I received a 5 day pay rent or quit notice. Could this be discriminatory?
Generally, a landlord has the right to evict you if you have not paid the rent. See our Eviction Notices page for more information. You would only have a claim of discrimination if the landlord only evicted people of a certain race, color, religion, nationality, sex, disability, sexual orientation, gender identity, or families with children or pregnant mothers. For example, only whites received 5 day pay rent or quit notices even though other races also failed to pay the rent.
I received a 5 day lease violation notice or a 3 day nuisance notice. Could this be discriminatory?
The landlord does have a right to issue an eviction notice if you have violated the lease or caused a nuisance. See Eviction Notices for more information. However, you generally have two areas that could be discriminatory: (1) the lease provision violates the Fair Housing Act, or (2) the landlord is only evicting people of a certain race, color, religion, nationality, sex, disability, sexual orientation, gender identity, or families with children or pregnant mothers.
Most landlords know enough about fair housing to avoid listing blatantly discriminatory reasons. A landlord may not be savvy enough to see a bigger picture that strongly suggests discrimination. For example, the landlord may prohibit certain ages from swimming alone and this policy would discriminate against families with children. The landlord may also find some forms of popular music more objectionable than others. If this music appeals to a particular race or ethnicity, the landlord’s eviction based on this music may violate the Fair Housing Act.
I don’t know why the landlord wants to evict me. Doesn’t the landlord have to tell me?
No. NRS 40.251 allows for “no cause” evictions based on no reason other than expiration of the lease. However, the federal Fair Housing Act would require the landlord to divulge the reason if you filed a Fair Housing Act complaint. Generally, the landlord does have a reason for issuing a no cause eviction notice. The reason could simply be a business decision to find other, higher paying tenants.
How can I prove the landlord is discriminating against me in the eviction process?
If the landlord provides an eviction notice, this notice may contain some evidence that the landlord has discriminated against you. Even if the eviction notice does not provide any evidence of discrimination, you can still pursue a discrimination case against the landlord. If the landlord or manager has used language or acted in a way that strongly suggests discrimination, this will support a discrimination claim. If others have seen or heard the offending words or actions, this will help. Finally, if you walk the grounds of the apartment complex and notice that one race or ethnicity dominates, this would also be evidence of discrimination.
If you file a complaint with HUD, HUD will investigate your claim. As part of its investigation, HUD can ask to look at the landlord’s files and gather information of the landlord’s eviction history and the racial/ethnic composition of the complex. This investigation could produce further evidence that supports your claim.
Discrimination in the Application Process
I applied for an apartment and the landlord rejected my application. Is this discrimination?
The landlord cannot deny your rental application based your race, color, religion, nationality, sex, family size or pregnancy, disability, sexual orientation, or gender identity. The landlord can deny your rental application based on bad credit or rental history, or the lack of a rental history. The landlord can also deny your rental application based on your past criminal conduct.
While it is legal for a landlord to reject your application based on a bad credit, your rights under the Fair Credit Reporting Act are implicated. See our Fair Credit Reporting Act page for more information.
The landlord will not give me ANY reason for denying my application, is this legal?
A good landlord will provide written notice and keep a copy of your application on file. Yet, no law requires the landlord to provide a written notice of denial. If your denial is based on bad credit history, the Fair Credit Reporting Act requires the landlord to tell you that the denial is based on negative information in your credit report and tell you the name, address, and phone number of the organization that provided the negative information. See our Fair Credit Reporting Act page for more information.
How can I prove the landlord has discriminated against me in the application process?
If the landlord provides a written denial, this denial may contain some evidence that the landlord has discriminated against you. Most landlords know enough about fair housing to avoid listing blatantly discriminatory reasons. An unfavorable credit and/or rental history are common reasons a landlord will use to deny rental applications. Even if you have an unfavorable credit or rental history, the landlord can still discriminate if the unfavorable credit/rental histories are not applied equally to people of a certain race, color, religion, nationality, sex, family size or pregnancy, disability, sexual orientation, or gender identity.
Even if you do not have anything in writing, you can still pursue a discrimination case against the landlord. If the landlord or manager has used language or acted in a way that strongly suggests discrimination, this will support a discrimination claim. If others have seen or heard the offending words or actions, this will help. Finally, if you walk the grounds of the apartment complex and notice that one race or ethnicity dominates, this would also be evidence of discrimination.
If you file a complaint with HUD, HUD will investigate your claim. As part of its investigation, HUD can look at the landlord’s files and gather information of the landlord’s application process and the racial/ethnic composition of the complex. This investigation could produce further evidence that supports your claim. It is also possible to send testers to the apartment complex. The tester will submit phony applications to test whether the landlord discriminates against a particular group.
