Legal Question in Civil Rights Law in Kentucky

Possible Unfair Housing Practices

Dear Sir,

My question is: Can our local Housing Authority reject a families application for an apartment based solely on the fact that the fathers criminal history contained conviction of a misdemeanor for simple poss. of marj. The rejection letter states it this way.: POLICE RECORDS HAVE REVEALED THAT YOU HAVE A HISTORY OF PHYSICAL VIOLENCE, CRIMINAL ACTIVITY,OR DRUG- RELATED ACTIVITY.

For someone that didn't know better,, that would appear to be the criminal history of a serial killer or something. Plus it gives no reference as to what type of drug related activity. The words Drug- Related Activity could just as well describe a Drug Lord that was caught crossing the border with a 1000 lbs. of Heroin.... We just don't think this type of practice is very fair. We don't think that the housing laws were intended to be used in this manner either. Its kind of like the law that was enacted that enhanced a charge of drug trafficking if it occurred within a 1000 yards of a school. That law was enacted to maybe deter the drug dealers from hanging around schools and selling drugs to our children. But that law is being abused by hanging that charge on someone when school wasn't even in session at the time


Asked on 4/26/07, 12:59 am

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Possible Unfair Housing Practices

Yes, landlords have the right to deny housing for things like criminal convictions. BUT, check your local housing discrimination center, b/c there may be exceptions local to you. The problem is that landlords can lose their property for tenant drug offenses.

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Answered on 4/26/07, 4:25 am


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