As a rental property owner, it is important to understand and comply with fair housing laws. These laws protect tenants from discrimination based on factors such as race, color, national origin, religion, sex, familial status, and disability. Violating fair housing laws can lead to legal action, including fines and damages, so it’s essential to be aware of your obligations as a landlord. In this article, we’ll cover the basics of fair housing laws and provide some tips for rental property owners to stay in compliance.
What are fair housing laws?
Fair housing laws are a set of federal, state, and local laws that prohibit discrimination in the rental, sale, and financing of housing. In 1968, as part of the Civil Rights Act, the federal government passed the Fair Housing Act (FHA) as the primary law governing fair housing. The FHA prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability.
In addition to the FHA, there are other federal laws that provide protection against housing discrimination, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. State and local laws may also provide additional protections, so it’s important to be aware of the laws that apply to your specific location.
Who is protected by fair housing laws?
Fair housing laws protect a broad range of individuals and groups from discrimination. The FHA prohibits discrimination based on seven protected classes:
- Race: The FHA prohibits discrimination based on race or color. This includes discrimination based on a person’s perceived race or color, as well as discrimination based on the race or color of a person’s spouse, family, or associates.
- National origin: Discrimination based on a person’s national origin is also prohibited under the FHA. This includes discrimination based on a person’s ancestry, birthplace, culture, or language.
- Religion: The FHA prohibits discrimination based on a person’s religion. This includes discrimination based on a person’s beliefs, practices, or customs.
- Sex: Discrimination based on a person’s sex or gender is prohibited under the FHA. This includes discrimination based on a person’s gender identity, as well as discrimination based on a person’s association with someone of a particular sex.
- Familial status: The FHA prohibits discrimination against families with children under the age of 18. This includes discrimination based on a person’s marital status or the presence of children in the household.
- Disability: Discrimination against individuals with disabilities is prohibited under the FHA. This includes discrimination based on a person’s physical or mental impairment, as well as discrimination based on a person’s use of a service animal or assistive device.
- Other protected classes: Some states and localities may have additional protected classes, such as sexual orientation or gender identity.
What actions are prohibited under fair housing laws?
Fair housing laws prohibit a wide range of actions that could be considered discriminatory. Some examples include:
- Refusing to rent or sell a property based on a person’s membership in a protected class.
- Setting different terms or conditions for a rental or sale based on a person’s membership in a protected class.
- Providing different services or amenities based on a person’s membership in a protected class.
- Refusing to make reasonable accommodations for a person with a disability.
- Providing false or misleading information about the availability of a property to a person based on their membership in a protected class.
- Harassing or intimidating a person based on their membership in a protected class.
- Failing to maintain a property in a manner that is safe and habitable for all tenants, regardless of their membership in a protected class.
How can rental property owners stay in compliance with fair housing laws?
Staying in compliance with fair housing laws requires a proactive approach to ensure that discrimination is not occurring in any aspect of your rental property business. Here are some tips for rental property owners to stay in compliance with fair housing laws:
1. Educate yourself on fair housing laws
As a rental property owner, it’s your responsibility to understand and comply with fair housing laws. This means familiarizing yourself with federal, state, and local laws that apply to your rental property business. You can find resources and training materials from government agencies, fair housing organizations, and trade associations to help you understand your obligations.
2. Establish fair and consistent rental criteria
Rental criteria should be based on objective, non-discriminatory factors, such as credit score, income, and rental history. Avoid making decisions based on factors such as race, religion, or disability. Make sure your criteria are applied consistently to all applicants.
3. Advertise your property in a non-discriminatory way
Advertising should be free from any language or images that suggest a preference for or against a particular group of people. Avoid using phrases such as “adults only” or “perfect for young professionals.”
4. Provide reasonable accommodations for tenants with disabilities
The ADA and the FHA require landlords to make reasonable accommodations for tenants with disabilities. This may include installing a ramp or allowing a service animal. Landlords must avoid making accommodations that would cause an undue financial or administrative burden.
5. Treat all tenants equally
Make sure you treat all tenants equally, regardless of their membership in a protected class. This includes responding promptly to repair requests, enforcing lease terms consistently, and providing equal access to amenities and services.
6. Train your employees
Ensure that you train your employees on fair housing laws and help them understand their role in ensuring compliance. Provide training materials and make sure employees know how to respond to discrimination complaints.
7. Document everything:
Keep thorough records of all rental transactions, including applications, leases, and correspondence with tenants. This documentation can help protect you in the event of a discrimination complaint.
What should rental property owners do if they suspect discrimination?
If you suspect discrimination is occurring in your rental property business, it’s important to take action. Here are some steps you can take:
- Investigate the complaint: If a tenant or applicant raises a discrimination complaint, investigate the complaint promptly and thoroughly. Speak to all parties involved and review any relevant documentation.
- Consult with legal counsel: If you are unsure how to proceed, consult with legal counsel who has experience in fair housing law. They can help you understand your obligations and guide you through the complaint process.
- Take corrective action: If discrimination is found to have occurred, take corrective action to address the issue. This may include providing compensation to the affected parties, making changes to policies or procedures, or implementing training programs for employees.
- Prevent future discrimination: Take steps to prevent discrimination from occurring in the future. This may include revising policies and procedures, providing additional training to employees, or implementing monitoring programs to ensure compliance with fair housing laws.
Final Thoughts
Fair housing laws are an essential part of ensuring equal access to housing for all individuals. As a rental property owner, it’s important to understand and comply with these laws to avoid legal action and protect the rights of your tenants. By following the tips outlined in this article and taking a proactive approach to fair housing compliance, you can create a safe and inclusive rental environment for all tenants.