Posted on Feb 7, 2017
CPT Battalion S1
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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?
Posted in these groups: No_discrimination_sign DiscriminationImgres LawHeader Housing
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CAPT Kevin B.
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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.
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Cpl Justin Goolsby
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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.
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MSG Brad Sand
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Cpl Justin Goolsby
I hope you know that you discriminate about things every day. Every day. There are only a very small list of things that it is illegal to discriminate on actually. The number one reason most landlords will discriminate today is the ability of renters to pay on time and full fill their lease. If I was a betting man, if the good LT let the landlord know he was a Commissioned Officer and not simply a soldier, he would find a surprising change in landlord's demeanor...but I could be wrong?
Be careful not to discriminate on the route you take home each night and only take the fastest and cheapest.
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CPT Battalion S1
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MSG Brad Sand You're right. That's why health insurance can discriminate against you if you have pre-existing conditions or why they can charge higher premiums to smokers vs non-smokers. No law against it = not illegal.
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MSG Brad Sand
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Ma'am, but even more basic than even your comments, we discriminate daily...pick the chocolate cake doughnut over the glazed or who we sit next to at lunch. The VAST majority of our discrimination is not illegal, nor even conscious. The small amount that are illegal, are normally the ones that are unfair to certain groups of people which and infringe upon their rights. IF we are going to fight to remove discrimination of service members, we are going to have to make sure we start by removing discrimination for service members...and I do not want that? I kind of like the VA and a person offering to buy me a meal when I was in uniform?
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SGT David A. 'Cowboy' Groth
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IMHO, no it is not legal. It's like discriminating against minorities.
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CPT Battalion S1
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While I agree completely, it dumbfounds me there is no legislation that backs us up.
There was a bill introduced: "H.R.2654 - Veterans and Servicemembers Employment Rights and Housing Act of 2013" but has not been signed into law.
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CPT Battalion S1
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