As a landlord, you’re in the business of providing housing, but you’re also responsible for ensuring that you do so within the bounds of the law. One of the most important sets of rules you need to follow are the Fair Housing Laws, which are designed to prevent discrimination and ensure equal access to housing for everyone.
Fair Housing Laws can be complex and vary by jurisdiction, but violating them can result in costly penalties and legal battles. Understanding the core principles of fair housing laws will not only help you avoid these issues but also contribute to a more inclusive and equitable rental market. Here’s a breakdown of the Fair Housing Laws and what landlords need to know to stay compliant.
1. The Fair Housing Act (FHA) Basics
The Fair Housing Act (FHA) is the cornerstone of anti-discrimination laws in housing. Enacted as part of the Civil Rights Act of 1968, the FHA prohibits discrimination in housing based on certain protected characteristics. The key protected categories under the FHA are:
- Race
- Color
- Religion
- Sex
- National origin
- Disability
- Familial status (including families with children under 18)
The law applies to most housing providers, including private landlords, real estate agents, and housing providers receiving federal funding. However, there are some exceptions, such as owner-occupied buildings with fewer than four units or single-family homes rented by the owner without the use of a broker.
2. What Does Discrimination Look Like?
Discrimination under the FHA can take many forms, including:
- Refusing to rent or sell a property based on someone’s race, religion, or other protected characteristic.
- Setting different terms or conditions for tenants based on their protected characteristics, such as offering different rent amounts or maintenance services.
- Making discriminatory statements in advertisements, like saying “no children” or “prefer tenants of a certain race.”
- Providing unequal treatment in the application process. For example, requiring certain applicants to provide more documentation based on their national origin or rejecting a tenant with a disability without offering reasonable accommodations.
- Denying a reasonable accommodation or modification for tenants with disabilities. For instance, refusing to allow a tenant to install a ramp or a grab bar for safety reasons.
It’s important to remember that discrimination doesn’t always have to be overt or intentional. Even subtle actions or comments that treat certain groups unfairly can lead to a discrimination claim.
3. The Role of Advertising
Fair Housing Laws extend to how you advertise your rental property. Advertising is one area where violations often occur unintentionally. The FHA prohibits advertisements that express preferences or limitations based on any protected category. For example:
- Avoid phrases like “ideal for single tenants” or “perfect for families,” as these could suggest discrimination against unmarried individuals or families with children.
- You should never specify in ads that you prefer tenants of a particular race, religion, or nationality.
- Always use inclusive language and be mindful that advertisements are non-discriminatory. It’s a good idea to avoid any language that may be interpreted as biased.
4. Tenant Screening: Consistency is Key
A major area where landlords can run into legal trouble is during the tenant screening process. While you have the right to choose your tenants, the screening process must be fair and consistent for all applicants. Here’s how you can stay compliant:
- Screen based on objective criteria such as income, credit history, and rental history. Avoid making decisions based on race, sex, familial status, or any other protected characteristic.
- Ensure your application process is uniform for all applicants. You can’t apply stricter standards to one applicant over another based on their background or appearance.
- Avoid making assumptions or stereotypes about applicants. For example, don’t assume that an applicant will be unreliable simply because they have children, or deny a person with a disability based on outdated or biased views about their needs.
As part of the tenant screening process, landlords can use background checks, credit reports, and other tools to evaluate tenants, but they should be used uniformly and without bias.
5. Reasonable Accommodations and Modifications for Disabled Tenants
Under the FHA, tenants with disabilities are entitled to “reasonable accommodations” and “reasonable modifications” to ensure they can fully enjoy their homes. This is especially important for landlords to understand, as not providing these accommodations can lead to serious legal issues.
- Reasonable accommodations might include allowing a tenant with a disability to have a service animal, even if the building has a no-pet policy.
- Reasonable modifications may involve allowing a tenant to install a wheelchair ramp or widen doorways to accommodate a disability, at their own expense.
Landlords must consider these requests in good faith, and if they’re reasonable, they cannot be denied. However, landlords are not required to make modifications to their property that would cause significant financial or administrative burden.
6. Familial Status: What Does It Mean?
Under the FHA, it is illegal to discriminate against tenants with children under 18. This means you cannot refuse to rent to families simply because they have children. However, there are some exceptions:
- Housing for older adults: Certain senior housing communities are exempt from familial status discrimination, so long as at least 80% of the units are occupied by at least one person 55 or older.
- Safety concerns: Landlords can restrict children from areas where safety is a concern, such as a swimming pool, if they apply the restriction equally to all tenants.
Overall, it’s important to ensure that your property is welcoming to all families, and you cannot impose any policies that disproportionately affect families with children.
7. Enforcement and Penalties for Violating Fair Housing Laws
Violating Fair Housing Laws can lead to severe consequences, including:
- Fines: The Department of Housing and Urban Development (HUD) and local housing authorities can impose fines for discrimination.
- Lawsuits: Tenants who feel they’ve been discriminated against can file lawsuits, which may result in expensive legal costs.
- Damage to reputation: Discriminatory actions can harm your reputation and make it difficult to rent out your property.
In addition to penalties, landlords found in violation of Fair Housing Laws may also be required to provide monetary compensation to the tenant(s) who were discriminated against.
Conclusion
Understanding and complying with Fair Housing Laws is essential for every landlord. Not only does it protect you from legal action and fines, but it also ensures that your rental properties are accessible and inclusive to everyone. By treating all applicants and tenants fairly, avoiding discriminatory practices in advertising and screening, and being mindful of the rights of disabled tenants and families, you can create a positive rental experience and foster a more equitable housing market.
If you’re unsure about any specific aspects of Fair Housing Laws, consulting with an experienced landlord attorney can help you navigate these complex regulations and ensure full compliance. We recommend okanogan landlord law firm.
