Housing Advocates and Renters Call to End Housing Discrimination Against People with Criminal Convictions
Complaint Highlights Need for Legislative Reform to Prevent Discriminatory Rental Practices Based on Outdated Criminal Convictions
On Thursday, June 6th, 2024, New Haven Legal Assistance Association (NHLAA) filed a complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO) that claims that Mark Griffin and Cheryl Rabe were racially discriminated against and denied housing due to two 34-year-old misdemeanor convictions on Mr. Griffin’s record.
NHLAA, their allies at the American Civil Liberties Union of Connecticut (ACLU-CT), and the Connecticut Tenants Union hosted a press conference at Mandy Management’s leasing office on June 6th, 2024 to announce the filing of this complaint against Mandy Management and P2P Realty, and to advocate for changes in state law to prevent such discrimination by landlords.
“Today Cheryl Rabe, my fiancée, and I filed a complaint with the Commission on Human Rights and Opportunities against Mandy Management and P2P Realty. These property management companies have refused to rent us an apartment solely because of my misdemeanor convictions from over 34 years ago,” said Griffin. “Housing is a human right; Mark and Cheryl are here to fight,” said Rabe.
Mark Griffin and his partner, Cheryl Rabe, allege Mandy Management and P2P Realty racially discriminated against Mr. Griffin, denying the couple the opportunity to rent an apartment in New Haven due to two misdemeanor convictions from 1989. The complaint alleges that Mandy Management and P2P Realty violated Connecticut General Statute § 46a-64c et seq., and the federal Fair Housing Act, 42 U.S.C. § 3604 et seq.
New Haven Legal Assistance (NHLAA) Housing Attorney Amy Eppler-Epstein, who spoke at the press conference, is representing Griffin and Rabe.
“The property management companies’ policy of refusing to rent to anyone with a criminal conviction, without regard to the length of time since the conviction, the changes in a person’s life since that time, the nature of the conviction, or any other mitigating circumstances is illegal and constitutes racial discrimination because such a policy has a disparate impact on people of color,” said Eppler-Epstein. “Mr. Griffin and Ms. Rabe hope that by bringing this CHRO complaint, they will encourage Mandy Management and P2P Realty, as well as other landlords, to change their policies and provide individualized assessments of each applicant, and limit the look back period for criminal convictions, rather than just denying housing to anyone with a criminal record.
The housing denial that Mr. Griffin and Ms. Rabe encountered also highlights the need for changes in law. Current Connecticut law provides no limitations on what criminal convictions landlords can consider when making their rental decisions.”
During the 2023 legislative session, ACLU-CT and their allies supported HB 5254, An Act Concerning The Collateral Consequences Of Criminal Records On Housing Opportunities, which would make it illegal for landlords to deny housing to prospective tenants due to misdemeanor convictions, or felony convictions over 3 years old. The bill also would have required landlords to give prospective tenants an opportunity to provide more information about why the convictions should not bar them from housing.
“For years, the ACLU of Connecticut and our community partners have urged the state legislature to change the law. There should be limits on what convictions management companies and landlords can consider, and a statute of limitations for considering the criminal records of potential tenants,” said ACLU-CT’s Anderson Curtis, Senior Policy Organizer. “Housing is a human right. Fair and affordable housing is a fundamental need for all people, and this case illustrates the absurd circumstances that housing discrimination often creates. Securing housing is a crucial stepping stone for people with criminal records who want to live their lives without further involvement with the criminal system. Discriminatory policies create unnecessary barriers and make it harder for people to succeed. Property management companies and landlords should change their policies, and we will continue to urge the state of Connecticut to act.”
The landlords named in the complaint will have to respond to the allegations, and the CHRO will investigate the complaint. Eventually, the case could result in a hearing if the CHRO finds there is cause to believe the landlords’ actions violate fair housing laws, and if the parties do not reach a resolution through mediation.
“The facts of this case—and that Mr. Griffin and his partner could be denied housing based on a misdemeanor conviction that is over 34 years old, despite his outstanding record as both a citizen and a tenant since that time—point to the urgent need to change the law in Connecticut,” said Dave Richardson, Chapter Vice-President of Connecticut Tenants Union, who also attended the press conference in solidarity with Griffin and Rabe.
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