You probably already know it is against the Fair Housing Laws to discriminate against potential tenants due to their race, gender, and age. However, you should know that the Fair Housing Act of 1968 and the later amendments cover several protected classes and categories of people. To avoid any accidental violations of Fair Housing Laws, you need to be familiar with how these laws cover your entire relationship with all potential renters and active renters. This includes everything from advertising to managing your rental units.
Family status
This is one of the most common ways landlords unintentionally run afoul of Fair Housing Laws. You can’t discriminate against any renters based on whether or not they have children, are pregnant, or may be trying to adopt. Actions that may be considered discrimination include declining to rent to tenants with children, charging a higher deposit, or limiting children’s access to common areas. You also are prohibited from putting families with children on certain floors or otherwise isolating them. Be mindful that saying things like, “You may enjoy living in an area with more children better,” or “These units are best suited for adults,” are considered verbal violations and are actionable.
Disability or Handicap
The Fair Housing Act protects people with mental or physical impairment. Additionally, the law stipulates that landlords must make reasonable accommodations for individuals with a handicap, those with past disabilities, and those who are perceived by others to have a handicap.
For a house rental, the tenant must pay for modifications themselves and return the house to its original condition prior to moving out. As a landlord, you must allow service animals regardless of your existing pet policy if they meet the following three criteria: the person must have a disability, the animal must serve a function related to the disability, and the request to allow the animal must be reasonable.
Gender
It is very easy to unintentionally discriminate against tenants based on gender. If you decline to show a rental property to a woman because you don’t feel it is a safe place for her to live, you are violating Fair Housing. There is an exception for renting a room with a shared living space. While the Fair Housing Act does not specifically cover sexual orientation and gender identity as protected, it may still be covered by the Fair Housing Act.
It is crucial to be familiar with the Fair Housing Laws if you want to avoid problems. You should also read your state’s laws to be sure you are in compliance with them.
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