The Fair Housing Act
Fair Housing Act, a federal law that provides fair housing protections to buyers and renters, is known as the Fair Housing Act. It was originally part of the Civil Rights Act of 1967. In 1988, it was expanded to ban discrimination based on a protected class in renting or purchasing a home, obtaining a mortgage, seeking housing aid, and engaging in any other housing-related activities.
What Does Equal Housing Chance Entail?
Equal housing opportunity is the right of every person to have equal housing choices. The law is administered and enforced by the Office of Fair Housing and Equal Opportunity. FHEO is a U.S. Department of Housing and Urban Development office. The Fair Housing Act of 1968 gave HUD enforcement responsibility. *
What is Rental Discrimination?
A landlord or property manager may discriminate against a tenant because the applicant is a member of a protected group. The courts recognize that discrimination can be either intentional or unintentional.
Intentional Discrimination:
Renters are treated unfairly because of their protected status.
Intentional discrimination, also known as "disparate effect" discrimination, is any action or policy that has a negative impact on a protected group even though it was not meant to discriminate. Landlords and property managers should be aware of the possibility that their policies and practices may have a greater impact on protected classes than they intended. State law often recognizes these disparate effects liabilities. To ensure compliance, property managers and landlords should research the local anti-discrimination laws.
Which Classes Are Exempt From Rental Discrimination?
Discrimination is defined as the treatment of someone differently simply because they belong to a protected group. Additional protection may be provided by state and local laws in addition to federal fair housing law.
Protected Classes Under Federal Law:
Race
Color
Religion
Sex
Origin of the nation
Familial status
Disability, mental or physical
These Classes Are Protected By Local And State Laws:
Citizenship
Age
Veteran or military status
Genetic information
Sexual orientation
Gender identity/expression
Source of income (including federal and state-level rental assistance programs such as Section 8 housing vouchers or temporary rent assistance)
Criminal history
You May Also Be Interested In Other Fair Housing Guidelines:
Criminal history HUD provided guidance to tenants regarding discriminatory potential in screening tenants based on criminal records.
English proficiency limited:
English proficiency is protected and is not separate from the Fair Housing Act. It is still considered a specialized skill. If you refuse to rent to someone not fluent in English, this could result in discrimination against your national origin.
Maximum occupancy:
Although the Fair Housing Act doesn't prohibit occupancy standards that restrict the number of people living in a property, some occupancy standards could have a discriminatory effect. When setting the maximum occupancy limit for your rental, it is important to be careful. To refer to occupants, you should use "persons". Limit the number. Children younger than one can't be considered occupants.
To determine whether your community has any additional laws against discrimination, a lawyer should be consulted.
How Do You Determine Maximum Occupancy?
You should be familiar with the applicable laws regarding maximum occupancy. These may differ depending on your unit's square footage, bedroom size and configuration.
Memorandum Of Keating
Two people are allowed per bedroom, with some exceptions. This standard requires that housing providers consider the following: State and local laws can have different standards, property sizes, layouts, capacity, and the age of children.
BOCA Code
It must not exceed 150 square feet for the first occupant.
Each additional occupant must increase the area by 100 feet.
A room that is used for sleeping must have a minimum of 70 feet.
Whatever rule you use for business management, make sure you standardize and document it. You should also be familiar with local and state regulations.
How Can You Rent To Families With Children?
Another protected category is family status, which refers to the relationship between an adult and a minor child within a household. Children must be accommodated in all properties, except for housing for the elderly. Recommending specific apartments to families with kids is discriminatory. If a family has children under 18, it is impossible to refuse to rent the property to them.
Family members with children can't be directed to units that are more child-friendly.
Additional charges are not applicable to family status fees
Who Is Exempted From Fair-Housing Legislation?
Fair housing laws are applicable to single-family and multifamily homes. There may be exemptions from the Fair Housing Act for property managers or landlords. Discriminatory advertising is generally illegal. However, there are exceptions.
For an owner-occupied building, four or fewer units will be required.
Owners can rent or sell single-family homes without the assistance of a real estate agent.
Only members of a private or religious club can manage to the house.
Fair Housing Act exclusions for "housing older persons."
The Fair Housing Act permits multifamily properties to not be rented to families with minor children if they are considered "housing for older persons". This applies to properties where all units are occupied by persons aged 62 or older.
Depending on the circumstances, some conditions might need to be fulfilled. Consult an attorney to ensure that your property is in compliance with these laws as well as any other state and local laws.
What Is Fair Housing Law Prohibited?
These laws were designed to make sure that every neighborhood is a place of opportunity and to prevent discrimination and segregation on the basis of racial inclusion in protected groups. Fair housing laws for apartments and other rentals prohibit landlords and property managers from taking any of the following into consideration because of race, religion or sex.
Advertising targeted at a particular audience
When renting your property, you should be cautious about subtle marketing tactics that could be perceived as discriminatory. When searching for qualified tenants, ensure that your advertisement is in compliance with Fair Housing Laws. Focus on the property and amenities in your rental listing description. Not on who you think the ideal renter would look like.
Fair Housing Laws Are Advertising That Targets A Specific Group Of People Using The Following:
Publishing, printing, or publishing any notice, statement, or advertisement related to the rental that indicates any preferences, limitation, discrimination.
Falsely claim that renting is not possible
Tips for landlords
It is not a good idea to tell a couple their property is ideal for them or their seniors. This could be discriminatory towards families with children.
Advertising that features human models should be considered.
You should not falsely claim the property was sold to deceive applicants.
Discrimination In The Screening Process
To minimize potential discrimination unintentionally, you should use a consistent and documented method to screen applicants and to accept them. Everybody has the same right to apply.
Fair housing laws prohibit discrimination during screening:
Refusing To Rent or Negotiate For Housing
Discourages someone to rent
Making a property unavailable
Tips For Landlords
It is best to avoid asking questions and suggesting solutions that could be interpreted as discriminatory.
Ask the same questions of all tenants.
All prospective tenants should be scored the same, regardless of whether they are part of any protected group.
If in doubt, keep the conversation going about the property and the amenities.
Potential renters can ask questions and you'll be able to answer them factually.
Renters must be properly qualified before they can submit a rental application.
Credit checks, background checks, and income verification can be used to supplement application materials. However, state and local restrictions may apply on criminal history, rental history, and credit scores.
If they are denied, renters should be able to give a reason.
Housing Opportunities Are Denied To Renters
Illegal steering is when landlords try to lure tenants to a particular property or area based on their inclusion in one of the protected groups. It is not a refusal to rent to someone in a protected group; it is more an attempt to deny someone housing options in certain locations.
Fair Housing Laws Prohibit Renters From Having Access To Housing Opportunities
Offer different housing services to tenants or limit their rights, services, and facilities
Tenants being assigned to particular buildings, neighborhoods, sections, or buildings in particular neighborhoods or buildings
A family with children can't refuse to rent to another one
Tips For Landlords
Renters enjoy equal rights
All vacancies sent to them
Renters can specify which units they want to see
When describing a property or community, be sure to use facts and not assumptions
Setting Inconsistent Qualification Criteria
You have the right to set policies and rules as a landlord to provide a safe environment for tenants. You must ensure that all residents feel safe.
Fair housing laws describe setting inconsistent qualification criteria as:
You have the option to set different terms, conditions, or privileges for your rental
Different qualifications, standards, and procedures may be used
Imposing different rental charges
Tips For Landlords
Do not create rules that apply only to one protected class.
All policies and rules should be included
Do not make rules for families with children.
It is important to be familiar with all applicable laws concerning maximum occupancy.
Tenant Harassment And Retaliation
By incorporating fair housing practices into your processes and procedures, you can ensure that your team is following them. Document the treatment of all members equally to ensure that you're ready in case of a complaint.
Fair Housing Laws Allow Tenants To Be Harassed And Retaliated By:
Failure to or delay in performing maintenance/repairs
If they are not part of the protected classes, a tenant or tenant's visitor can be expelled
Harassing someone due to their protected classes
Threatening to intimidate, coerce or interfere with fair housing rights, or helping others who do,
Retaliation against anyone who files fair housing complaints or helps in fair hunting investigations
Tips For Landlords
Receive regular training by local lawyers on fair housing laws.
To record every interaction with applicants and renters, you can use a spreadsheet.
If you become aware of a problem, contact a lawyer immediately.
Housing discrimination complaints can be resolved.
Accommodation Refusals For People With Disabilities
It is important to be aware of any additional protections that are available for renters with disabilities. A disability can be described as a mental, bodily, or emotional condition. These conditions can be covered under the Fair Housing Act, state or local laws.
Mobility, visual, and hearing impairments
Mental illness
Intellectual or developmental disabilities
HIV/AIDS
An extensive history of disability
Alcoholism
Other than current illegal use, drug addiction can also be caused by a controlled substance.
Fair housing laws stipulate that persons with disabilities can't be accommodated in the following:
Refusal of housing accessibility for persons with disabilities
Refusal to make reasonable modifications to enable people with disabilities to live in their homes
Tips For Landlords
Ask applicants and tenants questions that they may not be able to answer.
It is not advised to ask questions about the health or disability of a renter.
All reasonable accommodations should be considered
What Constitutes Reasonable Accommodation?
When a tenant requests a reasonable accommodation, it is asking a landlord or another housing provider to allow them to modify their policies or rules to accommodate their tenant's needs or those of someone close (such as their family or friends). This is done to allow disabled tenants to have the same access to the house as non-disabled tenants. These accommodations might include:
A caregiver can take care of your pet. Assistance animals are not considered pets.
Reservations
To avoid allergic reactions, certain pesticides and cleaning products must be changed
How To Manage A Reasonable Accommodation
Requests for reasonable accommodation must be considered on a case-by-case basis. The request should be based on the individual circumstances and the requester. If a request for reasonable accommodation is made by or on behalf of a person with disabilities and addresses a disability-related need, it should be generally approved.
If they are acquainted with the tenant or someone they associate with who is disabled, the landlord should assume the tenant is qualified for reasonable accommodation. To confirm that the person is disabled, the housing provider may request additional information. A trusted third party such as a doctor can confirm a person's disability. The landlord should not inquire about the nature or severity of any disability.
The landlord should not ignore this request. They should instead engage in an "interactive process" to discuss the request and to look at their proposed accommodation. A landlord may refuse to grant a request they consider unreasonable. The landlord should offer alternative solutions as part of the interactive process.
An attorney can help you with questions about reasonable accommodations, landlord costs for reasonable accommodations, and verification of disability-related reasons for the request.
Animals That Provide Emotional Support
An Emotional Support Animal (ESA), is a type of assistance animal that can be used to assist a person with a disability. It is considered a reasonable accommodation under the Fair Housing Act. The HUD states that the assistance animal cannot be considered a pet and the landlord or other housing provider can.
Tenants must pay a pet fee and/or deposit.
Limit the use of assistance animals to those that are based on general assumptions about certain breeds or species.
Ask about the severity and nature of your disability.
ESAs should be granted restricted access. ESAs should have full access to the common areas as well as the dwelling unit.
Application For An ESA By A Tenant:
For the ESA, you may be required to provide documentation. This could typically come from your doctor, treatment specialist, or any other reliable and knowledgeable third party.
A Landlord May
Participate in the interactive process to evaluate the ESA and determine if the assistance animal is a danger to the public or would cause significant property damage. This evaluation will be based on objective and actual evidence.
If their insurance carrier cancels, significantly increases the cost of the insurance policy, or adversely changes the policy terms, deny the request to the ESA.
As long as the assistance animals and pets are kept to the same standards, it is necessary that tenants clean up after ESAs and pay for any repairs to dwelling and common areas.
What Is Considered A Reasonable Modification?
A reasonable modification refers to any change made to the property to provide equal access for residents to its facilities. These modifications could include:
The ramp leads to the entrance.
Grab bars for the bathroom
Lower countertops
How to handle a reasonable modification
Establish procedures for applicants and residents who need reasonable accommodation or modifications. Also, you will need to reply. Even a simple verbal request can trigger reasonable accommodation and reasonable modifications duties. A delayed response could be considered a denial.
Before you decline a request, ask an attorney.
