Can I sue my local landlord for discrimination if I can't afford a lawyer?
Quick Summary
Yes, you may be able to get help. Under the Fair Housing Act, a court has the power to appoint an attorney for you or allow you to start your lawsuit without paying upfront fees and costs if you can show you are financially unable to afford them.
The situation
I live in Ohio and I am having a really hard time with my apartment management. About three weeks ago, on October 15th, I applied for a two-bedroom unit, but the manager told me they wouldn't rent to me because of my physical disability, even though I have a steady paycheck and passed the credit check. I tried talking to the property owner directly last week to resolve this, but they just ignored my emails. I really need this housing, but I am currently struggling with medical bills and I don't have any savings to pay for a private attorney or the high court filing fees. I want to take them to court to force them to let me rent the unit, but I am worried that I will lose the case just because I cannot afford the legal costs or the upfront money required to start a lawsuit. Is there any way for a judge to help me get a lawyer for free or let me start a case without paying all those expensive fees and costs right away?
Detailed Analysis
Because your situation involves a landlord refusing to rent to you due to a physical disability, you may have a claim under the Fair Housing Act. The law provides specific protections for people in your exact position who lack the money to fight a legal battle.
Regarding your concern about costs, the law states that the court may "appoint an attorney for such person; or authorize the commencement or continuation of a civil action... without the payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action"[1]. This means that if a judge decides you truly cannot afford the legal expenses, they can assign a lawyer to represent you or let you proceed with the case without paying the usual court fees or security deposits upfront[1].
Additionally, if you win your case, the court has the discretion to make the landlord pay for your legal expenses. The law says the court "may, in its discretion, allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs"[1]. A 'prevailing party' is the person who wins the lawsuit[1].
While these federal laws provide a path for relief, the law also mentions that if there is a state or local law that handles these same issues, you might need to follow certain notice rules before filing a federal lawsuit[2]. It is also possible that the court may grant 'injunctive relief,' which is a court order requiring the landlord to do something, such as allowing you to rent the unit[1].
Statutory Citations
Legal Citation: Fair Housing Act § 42 U.S.C. § 3613 — Enforcement by private persons
"the court may— (1) appoint an attorney for such person; or (2) authorize the commencement or continuation of a civil action... without the payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action"View Official Legislation →
Legal Citation: Fair Housing Act § 42 U.S.C. § 3613 — Enforcement by private persons
"the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs"View Official Legislation →
Legal Citation: Civil Rights Act & Americans with Disabilities Act § 42 U.S.C. § 2000a–3 — Civil actions for injunctive relief
"no civil action may be brought... before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority"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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