I rented a condominium for 1 year in Pompano Beach, FL at the end of February. I used Century 21 for the rental process. The landlord said that I didn't need the associations approval. That he does it all of the time. Needless to say, the condo board wants an application. So I applied and they rejected me. They said it's because I was arrested in 2002. All of the charges were dropped. Ex-girlfriend admitted she lied about an assault. So there is an arrest but no conviction due to everything being dropped. Now the association told my landlord that I have 10 days to vacate the property. I have lived here since February 15th. I also just had double bypass surgery, so I can't lift anything over 10lbs. What are my legal rights? Can they evict me? Is my landlord responsible? In the lease it says no association approval.
You have lots of claims against lots of different people. First of all the agent that prepared the contract and misrepresented that approval was required. Second against the landlord. The association may or may not be accountable as well. I had a similar issue a month ago and because the arrest was not a conviction a demand letter to the association did the trick and allowed my client to stay there. Consult with an attorney to write a proper demand letter and get you to stay.
I agree with the other answer. You need an attorney to advise all parties as to the chain of events and your legal rights.
Any housing decision based on an arrest without a conviction has been deemed to constitute discrimination under the Fair Housing Act.
On April 4, 2016, the United States Department of Housing and Urban Development Office of General Counsel issued a "guidance" effective immediately on permissible housing applicant selection criteria. This "guidance" declares what selection criteria will be deemed discriminatory under the Fair Housing Act. Based on their study of arrest and incarceration rates of blacks and latinos being disproportionate to their percentage of the general population, it will now be deemed discriminatory to use arrest records as a criteria for denial of a rental applications. Convictions, however, may be used as a selection criteria if the landlord takes into account the "nature and severity" of the offense, and the length of time since the conviction. HUD recommends that landlords perform an "individualized assessment of relevant mitigating information" such as the "facts or circumstances surrounding the criminal conduct; the age of the individual at the time of the offense; evidence that the individual has maintained a good tenant history ... and evidence of rehabilitation efforts."
HUD stated that the Fair Housing Act does not prohibit denial of housing based on a conviction for the illegal manufacture or distribution of controlled substances.
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