WTLS provides representation with wrongful evictions, fair housing, other landlord-tenant problems, and assistance for homeowners, including those at risk of or facing foreclosure.
Our attorneys and advocates provide high-quality legal representation to our clients in the following areas:
Disabilities and Fair Housing
An example of illegal discrimination under the federal Fair Housing Act based upon protected class membership are refusal to permit a reasonable modification to the unit at the expense of the person with a disability, in order that the person may have full enjoyment of the unit.
The Federal Fair Housing Act provides protection for individuals with disabilities who need assistance animals to have an equal opportunity to use and enjoy a dwelling and the common areas where the dwelling is located.
It is therefore illegal to discriminate against a person in the provision of housing because that person has HIV infection or AIDS; has a record of having HIV infection or AIDS; is perceived as having HIV infection or AIDS; is associated with persons with HIV infection or AIDS; or has a person with HIV infection or AIDS residing with them.
Criminal background checks are often used as screening criteria for rental housing to determine qualified applicants. For those with a criminal history, these screenings have become a barrier to obtaining housing. Many formerly incarcerated individuals, who have paid their debt to society, face continued penalties outside of the courts by being excluded from much of the housing market.
Tennessee is a unique state in that it actually has two different sets of Landlord Tenant Laws that apply. Which law applies to your situation will be determined by the county in which the rental property is located. If you live in a county that had more than 75,000 residents as of the 2010 census, you are covered by the Uniform Residential Landlord Tenant Act (URLTA). If you live in any other county, URLTA does not apply.
Sexual harassment is discrimination under fair housing laws. Fair housing laws also make it illegal to coerce, intimidate, threaten or interfere with a person seeking to exercise rights under the Fair Housing Act. It is illegal for your landlord to try to evict you or raise your rent for reporting sexual harassment.
The Federal Fair Housing Act prohibits the denial of housing to a person based on the person's membership in one or more of the classes protected under the Act. The protected classes are race, color, religion, national origin, sex (including sexual orientation and gender identity), familial status, and handicap.
Tennessee is a judicial eviction state. This means that for a landlord to remove a tenant (renter) from the property, there must be a court order allowing them to do so.
The Fair Housing Act prohibits discrimination in housing related transactions based on a person’s protected class membership. More information on the Fair Housing Act and its coverage can be found here.
Renters Insurance is a type of insurance policy that you buy when starting a new lease or moving into a new rental property. Some landlords make you buy renters insurance.
Housing Discrimination Rights of Persons with HIV and AIDS
In the U.S. Department of Housing and Urban Development’s regulations, both HIV infection and AIDS are considered to be an impairment. Also, federal cases have defined HIV infection and AIDS as a disability.
First, it can be used to “secure” a property and take it off the market. Second, it protects the landlord if you break the terms of the lease or rental agreement. It may be used to cover things like damage to the property, cleaning, key replacement, and/or back rent.
