Legal Question in Criminal Law in Maryland

Application for apartment

My brother has a history of felony conviction. He is out of prison & has been residing in a rehab center, due to serious health problems. He is about to be released and will seek in-home palliative and hospice care. He is scheduled to move in to the apt. January 22.

My question and concern is that although I answered the preliminary and final application honestly by saying ''yes'' to the question about any existing felony background -- in the small print one of the automatic exclusions was a felony conviction in which harm was caused to a person. Even though this was the case, the management approved him anyway -- without questions.

Should I be concerned in the event this should come out after he occupies the apt.? one who filled out the appln. (with his permission and for the sake of convenience).

Thank you.


Asked on 1/12/07, 2:50 pm

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: Application for apartment

Thank you for your question. This is a difficult problem, and I receive many questions from individuals who have inaccurately answered questions on applications for housing, employment, etc.

I presume that the provider did not do an independent background check or evaluate your brother's criminal history. If the nature of his felony conviction is later discovered, it is quite possible they could evict or remove him from the facility. I would need to examine the disclosure form you signed, and have more information about the facility to properly and completely answer your question.

It is unlikely that you would have any liaibility yourself, although that is possible, depending on the nature of the form, how it was signed, and whether you personally made any statements to the facility. Again, I would need to examine the relevant documents to forumulate a proper response.

Finally, you could advise the facility of the "mistake" you made in the application. This may have the result of disqualifying your brother, but if the discrepancy is brought to their attention by you, and can be explained so that their concerns are satisfied, you could avoid having some element of uncertainty hanging over your head.

I want to remind you again, however, that you should not rely upon my answer in this posting for specific advice, because I (or any other lawyer) would need to review the relevant documents to comment properly.

Good luck. I hopy your brother finds help, and peace. If you have any further questions, my contact information appears below.

Take care.

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Answered on 1/12/07, 3:02 pm


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