Judge Says Unmarried Couple Can’t Be Refused by Landlord

A landlord may not impose his morality on tenants by refusing to rent to unmarried couples, a judge ruled Thursday.

Ron Jasniowski illegally discriminated against Benson Rushing and Mary Tews on the basis of their marital status when he refused to rent them an apartment, Cook County Circuit Judge Aaron Jaffee said.

“One cannot impose one’s moral or religious beliefs on a tenant,” Jaffee said. “A landlord has a right to exercise religious freedom, but landlords’ freedom of religion does not mean that tenants must practice the same.”

Jasniowski refused to rent the apartment because, he said, “I have a problem with the conduct of fornication.”

Jasniowski rents out a single apartment above his motor-repair business in a building owned by his mother. He says his religious convictions cannot allow his property to be used for “immoral purposes.”

Jasniowski said the couple originally told him that they were married but could not produce a marriage certificate. Jasniowski said he refused to rent to them because they were not married and because they had lied.

In July, 1992, Rushing and Tews filed a complaint with the Chicago Commission on Human Relations, charging that Jasniowski had discriminated against them.

City ordinance and state law prohibit discrimination on the basis of marital status.

The commission ruled against Jasniowski in May and ordered him to pay $633 in damages, a $1 fine and the couple’s legal fees, which then totaled $14,000. Jasniowski appealed to the court.