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ABA Family Legal Guide

Renting Residential Property

Other Issues

Fair Housing

How can the prospective tenant prove that the landlord has illegally discriminated?

The prospective tenant has the burden of proving that the landlord's conduct was discriminatory. The person can establish a case against the landlord by proving four things:

  • that the plaintiff is a member of a protected group;
  • that the plaintiff applied for and was qualified to rent a certain property;
  • that the plaintiff was rejected by the landlord; and
  • that the property remained unrented thereafter.
    • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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