COMPLAINT FILED BY NATIONAL FAIR HOUSING ALLIANCE

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COMPLAINT FILED BY NATIONAL FAIR HOUSING ALLIANCE

I am being sued by the national fair housing alliance for posting the following add:”One bedroom walk down apartment. Prefer one person to live in this apartment. Utilities included are gas, water, and electricity..”When posting this I did not mean to discriminate familial status or marital status. I even had couples and college student call me and I did not turn them down. The apartment is now rented to two people. I did not Refuse to rent, refuse to negotiate for housing or make housing unavailable. What should be my answer to the complaint?

Asked on June 27, 2009 under Real Estate Law, New York

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Not knowing what the complaint states, it's difficult to advise you on how to answer. Also, did the organization itself sue you, or did an individual make a complaint to them and now they are suing on the individual's behalf? If it's an individual, then it depends on what he/she claims.

If you never refused to rent to an individual or persons (more than 1) and you subsequently rented to 2 people, then I don't know what the problem is. Unless you refused to rent to a certain group (more than 1) based on the fact that you only wanted 1 person, and then rented to 2 people. That could be interpreted as discrimination because you refused one based on a supposed preference for 1 tenant only and then you subsequently rented to 2 people in violation of your own preference.


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