INDIANAPOLIS — The Fair Housing Center of Central Indiana and an Indianapolis man have filed a class action complaint against two rental companies, highlighting rental screening policies that allegedly discriminate based on race and sex.
Marckus Williams is the plaintiff on the case. He says his record was expunged in 2022. Later that year, when he tried to apply for housing, he was turned away by Tricon Residential and Progress Residential.
"It broke me because, I'm looking for a house, my credit is good, my records expunged," Williams said. "It was just I thought I was a new person. It made me feel like I was same old me."
Williams eventually lived in his car until he found somewhere else to live.
"I slept in the car for about three to four weeks," he said. "Christmas, New Years. I mean, it was just devastating. It kind of broke me a little bit."
The lawsuit claims some of Tricon Residential and Progress Residential's policies automatically deny housing to people with certain criminal or eviction histories.
Plaintiffs claim these policies disproportionately exclude women and Black people. The complaint includes that Tricon and Progress defy guidance from federal agencies, specifically instructions to individually review applications to avoid the risk of racial disparities in access to housing.
"Tricon's policies aren't just unlawful; they are morally indefensible," said Amy Nelson, FHCCI’s executive director.
A spokesperson for Tricon Residential sent the following statement to 13News:
“Tricon Residential adheres to all fair housing laws and believes the allegations in this suit are baseless. We review resident applications fairly, ethically, and objectively, employing a “blind” screening process not dissimilar from procedures used to review applicants for mortgages, apartment rentals, car leases, and credit cards. Tricon also maintains fairness by welcoming qualified applications on a first-come, first-serve basis, ensuring that no prospective residents get preferential treatment."
Additionally, a spokesperson with Progress Residential told 13News:
“As a leading professional property manager, we are committed to promoting a fair and equitable screening process for all applicants. Although we do not comment on pending litigation, we take these allegations seriously and are currently reviewing the claims made in the lawsuit.”
With over 40,000 properties, the FHCCI believes the potential reach of discriminatory practices is vast.
The proportion of Black people with felony convictions disqualified from renting was 5.32 times greater than the percentage of white people disqualified.
"This lawsuit is not merely about housing; it's about restoring dignity and rectifying the systemic discrimination that plagues our communities," said Marckus Williams, who is the man who helped file the class action lawsuit.
According to the FHCCI, Williams went through significant rehabilitative efforts and contributions to revitalizing his community, but was allegedly rejected based on outdated criminal records and records that had been expunged. He started submitting applications in 2022, after his record had been expunged.
The FHCCI also says Black women are overrepresented in eviction filings by nearly 200% and the case is one of the first of its kind to take on these discriminatory policies.
"This class action is about holding housing providers accountable to ensure everyone has equal access to housing regardless of their background," said Ellora Israni, an attorney at Relman Colfax.
For more information on the lawsuit or if you are experiencing similar discrimination, click here.