Can I get in trouble for not turning over my rental records to a government investigator?
Quick Summary
Yes, you could personally face significant fines and jail time. Under the Fair Housing Act, willfully failing to produce requested records or intentionally providing false or incomplete information can lead to criminal penalties.
The situation
I live in Ohio and I am currently dealing with a very stressful situation regarding my small apartment complex. About three weeks ago, on October 15th, a representative from a federal agency showed up at my leasing office claiming they were investigating a discrimination complaint against our company. They handed me a formal document demanding that I provide all resident lease agreements and maintenance logs from the last two years, specifically from January 2022 to the present. My boss told me to just ignore it because we didn't do anything wrong and he said it wasn't a court order, so we don't have to comply. I already tried to tell him that it looked serious, but he just brushed me off and said it would go away if we did nothing. I am really worried because I am the office manager and my name is on the paperwork. If I follow my boss's lead and refuse to hand over these files or if I accidentally leave out some documents to protect the company, could I personally face huge fines or even jail time? I need to know what the actual risks are for me if I don't obey this demand.
Detailed Analysis
Because the federal agency is investigating a discrimination complaint, they likely have the authority to issue subpoenas. A subpoena is a formal legal document that commands a person to provide evidence or testimony[1].
Under the Fair Housing Act, there are serious criminal consequences for your actions as the office manager. If you "willfully fails or neglects to... produce records, documents, or other evidence, if it is in such person’s power to do so, in obedience to the subpoena"[1]. This means if you have the power to hand over the lease agreements and maintenance logs but choose not to because of your boss's instructions, you could be fined up to $100,000 and imprisoned for up to one year[1].
Furthermore, you face risks if you try to protect the company by being dishonest. The law prohibits anyone who, "with intent thereby to mislead another person in any proceeding... willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents"[1]. If you intentionally leave out documents or provide incomplete logs to hide information, you could also face a fine of up to $100,000 and up to one year in prison[1].
It is currently unclear if the document you received is a formal subpoena or a different type of administrative demand, but the risks of non-compliance remain high if it is a lawful order. Your boss's claim that it is not a court order does not necessarily mean you are exempt from federal investigative powers.
Statutory Citations
Legal Citation: Fair Housing Act § 42 U.S.C. § 3611 — Subpoenas; giving of evidence
"Any person who willfully fails or neglects to... produce records, documents, or other evidence, if it is in such person’s power to do so, in obedience to the subpoena or other lawful order... shall be fined not more than $100,000 or imprisoned not more than one year, or both."View Official Legislation →
Legal Citation: Fair Housing Act § 42 U.S.C. § 3611 — Subpoenas; giving of evidence
"Any person who, with intent thereby to mislead another person in any proceeding... willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents... shall be fined not more than $100,000 or imprisoned not more than one year, or both."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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