Justice Department Sues Missouri Landlords Based on Discriminatory Criminal History Policy

The Justice Department announced today that it has filed a lawsuit alleging that the owners and managers of Suburban Heights Apartments, a residential rental property in Kinloch, Missouri, near St. Louis, engaged in a pattern or practice of race and/or color discrimination against prospective Black tenants by banning tenants with any past felony conviction and certain other criminal histories, in violation of the Fair Housing Act. The defendants, Suburban Heights LLC, Crestline Property LLC, Triline Properties LLC and Jingle Properties LLC, each owned and/or managed the property at various relevant times since at least 2015.

"Rental property owners and managers that ban tenants with a criminal history risk running afoul of the Fair Housing Act," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "Policies that perpetuate racial discrimination in the housing market can prove devastating for communities of color. This lawsuit should send a clear message to housing providers that certain criminal history bans on people seeking to put a roof over their heads are not just unfair but unlawful. The Justice Department is committed to enforcing the protections of the Fair Housing Act to prevent housing discrimination on the basis of race and color in all its forms."

The complaint was filed in the U.S. District Court for the Eastern District of Missouri and alleges that, during their respective periods of ownership or management of the property from at least November 2015 to January 2024, the defendants publicized and enforced a categorical ban on tenants with felony convictions and certain other criminal histories, regardless of how long ago the conviction occurred. This policy excluded prospective tenants based on their criminal histories, which are known to have significant racial disparities, and which are not accurate proxies for actual underlying criminal activity nor reliable predictors of future criminal activity. By choosing to use that policy, the defendants likely deterred prospective Black tenants from applying to rent and excluded them from housing opportunities at Suburban Heights Apartments.

The allegations were based, in part, on evidence generated by the department's Fair Housing Testing Program, in which individuals pose as prospective renters to gather information about possible discriminatory practices.

The lawsuit seeks monetary damages to remedy the harms caused by the defendants' policy, a civil penalty to vindicate the public interest and a court order barring future discrimination.

The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Individuals who believe that they may have been victims of housing discrimination at Suburban Heights Apartments or other dwellings owned or managed by the defendants, or who have other information that may be relevant to this case, may contact the Civil Rights Division's Housing Discrimination Hotline at 1-833-591-0291. Press 1 for English, press 1 for discrimination in housing and then press 8 for Suburban Heights Apartments to leave a message. Individuals may also send an email to [email protected] or submit a report online.