Proving Housing Discrimination During Tenant Screening in Nebraska

Renters in Nebraska deserve equal access to housing opportunities, regardless of race, color, religion, sex, disability, familial status, or national origin. Unfortunately, some people still experience unfair treatment during tenant screening. If you believe a landlord has used discriminatory screening practices, it's important to know your rights and understand how to gather proof.

What Is Discriminatory Screening?

Discriminatory screening happens when a landlord refuses to rent, applies different terms, or sets up extra obstacles for some renters because of a protected characteristic. Under the federal Fair Housing Act and the Nebraska Fair Housing Act, these behaviors are illegal in Nebraska.^[1,2]

Examples of Possible Discriminatory Practices

• Denying rental applications because of race, national origin, or religion
• Using different approval standards for families with children versus adults only
• Setting higher deposits or stricter terms for people with disabilities
• Only running background checks on certain groups or individuals

It's illegal for landlords to treat applicants differently based on characteristics protected by law. Documenting what happened is key if you want to take action.

How to Gather Evidence of Discrimination

Evidence is crucial to prove discrimination occurred during the screening process. Start taking these steps as soon as you suspect unfair treatment:

• Keep records: Save all emails, letters, texts, and notes about your application and any responses.
• Document interactions: Write down the date, time, place, and details of every conversation with the landlord or property manager.
• Compare treatment: If others are applying to the same property, notice if they get different requirements or terms. Witnesses can be helpful.
• Request reasons in writing: If denied, ask the landlord to state the reason in writing.
• Retain application documents: Keep copies of your rental application and all supporting papers you submitted.

If you believe a criminal background check, credit report, or other screening was used against you unfairly, ask for a copy. Landlords must follow the Fair Credit Reporting Act if they use consumer reports.^[3]

Filing a Fair Housing Complaint in Nebraska

Nebraska renters have options if they believe a landlord has discriminated during screening. The Nebraska Equal Opportunity Commission (NEOC) investigates housing discrimination complaints. You may also file at the federal level with the U.S. Department of Housing and Urban Development (HUD).

Important Official Forms

• Nebraska Housing Discrimination Complaint Form
  • When to use: If you believe you were denied housing, subjected to different terms, or otherwise discriminated against during screening.
  • How it's used: Fill out with details of what happened, attach your documentation, and submit to NEOC within one year of the alleged act.
  • Access the online complaint form here
• HUD Form 903 Online Complaint
  • When to use: For reporting discriminatory housing practices to HUD (federal level).
  • How it's used: Complete the form with required information, including your contact details, dates of incidents, and any supporting evidence. HUD can coordinate with local agencies.
  • Submit through HUD's online portal

If you're unsure which agency to contact, you can file with both NEOC and HUD—whichever receives your complaint first will guide the process and avoid duplication.

Legislation and Tribunal Information

The Nebraska Equal Opportunity Commission (NEOC) is the state agency that handles housing discrimination cases. Nebraska's primary laws on this subject include:

• Nebraska Fair Housing Act (Neb. Rev. Stat. §§ 20-317 to 20-322)
• Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)

These laws protect Nebraskans from housing discrimination and determine how complaints are handled.^[1,2]

How Complaints Are Investigated

Once you file a complaint, the NEOC or HUD will investigate:

• Gather statements from both you and the landlord
• Review evidence and witness accounts
• Attempt to resolve the dispute or proceed to a formal hearing if needed

Investigations are confidential. If discrimination is found, you could be entitled to rental opportunities, compensation, or other relief.

FAQ: Proving Discriminatory Housing Practices

1. What qualifies as discrimination in rental screening?
   Any time a landlord treats you differently due to your race, color, religion, sex, national origin, disability, or family status during the rental application process, it may be discrimination.
2. What evidence do I need before filing a complaint?
   Collect written communications, application forms, witness statements, records of fees or deposits, and detailed notes on conversations or differences in treatment.
3. What happens if NEOC finds discrimination?
   NEOC may require the landlord to make the rental available, pay damages, or change policies. Mediation is often attempted first.
4. Can I be evicted for filing a discrimination complaint?
   It is unlawful for a landlord to retaliate against you for exercising your fair housing rights. If you experience retaliation, document it and inform NEOC immediately.
5. How long does the complaint process take?
   Investigation times vary, but NEOC strives to complete most housing complaint cases within 100 days.

Key Takeaways for Nebraska Renters

• You have legal protections against discriminatory screening under Nebraska and federal law.
• Thorough documentation strengthens your case if you file a complaint.
• File complaints promptly with the Nebraska Equal Opportunity Commission or HUD.

Understanding your rights can empower you to challenge unfair practices and seek fair treatment in Nebraska's rental market.

Need Help? Resources for Renters

• Nebraska Equal Opportunity Commission: File a Housing Discrimination Complaint
• U.S. Department of Housing and Urban Development: Fair Housing Information
• Nebraska Judicial Branch: Tenant Assistance and Resources
• Nebraska Revised Statutes Chapter 20

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1. Nebraska Fair Housing Act (Nebraska Revised Statutes)
2. Federal Fair Housing Act (Title VIII)
3. Fair Credit Reporting Act Requirements

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