Is it legal to discriminate against service members in search of housing?

CPT Private RallyPoint Member — Tue, 07 Feb 2017 14:40:47 -0500

I am familiar with the Fair Labor Standards Act and the Fair Housing Act which outlaws discrimination on the premise of various protected classes (military is not included). Given we have the Servicemembers Civil Relief Act as protection to get out of a lease, what about protections when we are trying to look for housing but nobody wants to lease to service member that might need to execute SCRA?

Response by SGT David A. 'Cowboy' Groth made Feb 7 at 2017 2:49 PM

SGT David A. 'Cowboy' Groth — Tue, 07 Feb 2017 14:49:30 -0500

IMHO, no it is not legal. It's like discriminating against minorities.

Response by Cpl Justin Goolsby made Feb 7 at 2017 2:59 PM

Cpl Justin Goolsby — Tue, 07 Feb 2017 14:59:13 -0500

Well no kind of discrimination is legal, but I would say that one is harder to prove. Unless they flat out said... sorry, no vacancies, but then rented one out to the next person to walk through the door, it becomes a grey area.

Now if they were trying to disqualify you, they've have to find a legitimate reason. Bad credit. Insufficient income for the home requested, etc. So I'd try and find out why you are being disqualified.

Response by MSG Brad Sand made Feb 7 at 2017 5:19 PM

MSG Brad Sand — Tue, 07 Feb 2017 17:19:31 -0500

Sir, there is a very small, in the bigger picture, list of things that one is not legally able to use to select when renting. The Soldiers' and Sailors' Civil Relief Act (SSCRA) would cover one if they were to go on active duty or while they were on active duty, but someone electing to not offer housing because of you are service member is actually something new to me. Been my personal experience that most landlords are excited to rent to military...unless other soldiers in the area have caused problems? I would recommend you make sure they know your rank and expected time you will be in the area...they may have had past problems with junior enlisted, ETC.

Response by CAPT Kevin B. made Feb 8 at 2017 12:23 AM

CAPT Kevin B. — Wed, 08 Feb 2017 00:23:36 -0500

Since there's no specific legislation granting a "class protection" similar to race, religion, etc. under Title VII law, there doesn't appear to be. BTW, that HR Bill posted earlier appeared to be dead in committee and never moved. I'd characterize SCRA as having limited protection aspects but nowhere near the level of Title VII definition of illegal discrimination. Comments similar to it's just like minorities, WRONG. If the law doesn't say it, it doesn't exist. We get into a lot of trouble mentally extending one thing into another. I'd also be concerned by creating a special working class, i.e. service people. What next, medical, hair dressers? Most housing types like military because of the steady paycheck, higher likelihood to make payments, etc. That likely outweighs having to short lease because of deployment. It'd be considered a cost of doing business in a higher turnover market. If you're near a base, you either make money or not. And there's more money to be made with the military. BTW, there's lots of legal discrimination out there. We do it every day. I don't allow country/western music in my house. Never got into drunk broken down pickup mean dog songs. Most self described discriminating coach. John Wooden, the Wizard of Westwood. He discriminated every aspect of individual player performance and the room assignments, table seating, etc. reflected that every week. No beards. Bill Walton wanted one and was told he'd be off the team. Simple as that.

Response by Lt Col John (Jack) Christensen made Feb 8 at 2017 8:50 AM

Lt Col John (Jack) Christensen — Wed, 08 Feb 2017 08:50:46 -0500

Going to give my Judge Judy answer here. A landlord can choose to rent their property to whomever they choose. Sure there are anti-discrimination laws but just because they exist doesn't mean they must rent to someone, only that those areas can't be used as the reason to not rent to someone.

Response by SMSgt Timothy Cathers made Feb 9 at 2017 5:05 PM

SMSgt Timothy Cathers — Thu, 09 Feb 2017 17:05:02 -0500

Depends on why they are discriminated against. For race it is wrong. For having a blue car it is OK. religion? Wrong. Pet owner. OK. Sex. Wrong. Having tattoos. OK.