If you work in the real estate or property management field, you know how important it is to adhere to any and all laws that apply to your job. Some of the most important ones include eviction laws, landlord-tenant laws, and Fair Housing laws. Today, we’re discussing everything landlords need to know about Fair Housing laws, including the Fair Housing Act, common violations, and how to avoid violating Fair Housing Laws.
Contents of This Article:
- What Is the Fair Housing Act?
- Why Should Landlords Care?
- Common Fair Housing Violations
- How to Avoid Violating Fair Housing Laws
- Avoid Legal Setbacks With PPM
What Is the Fair Housing Act?
The Fair Housing Act was passed in 1968 as part of the Civil Rights Act and is a federal law that prohibits discrimination in housing. It protects individuals from unfair treatment based on race, color, religion, sex, national origin, disability, or familial status. The law covers all aspects of housing, including renting, buying, financing, and advertising.
Under the FHA, it’s illegal to refuse to rent or sell a home, set different terms or conditions, or harass or intimidate tenants or buyers based on protected characteristics. These laws apply to all different types of housing, including rental properties, sales, and mortgages, and they cover a wide range of protected classes.
To ensure fair housing practices, landlords and Northern Virginia property managers must understand their responsibilities under the law. Next, we’ll review why it’s so important for landlords to adhere to them, common violations, and how to avoid violating Fair Housing laws.
Why Should Landlords Care?
It’s crucial for landlords and property managers to care about fair housing laws. Not only is it a legal obligation, but it’s also a key factor in maintaining a successful and ethical rental business. Here are some of the main reasons landlords must care about Fair Housing laws.
- Legal Compliance and Avoiding Penalties- Fair housing violations can result in lawsuits, fines, and penalties from the U.S. Department of Housing and Urban Development (HUD).
- Protecting Your Reputation- Discrimination claims can damage your reputation as a landlord, making it harder to attract reliable tenants.
- Expanding Your Tenant Pool- When you treat all applicants with fairness, you open your properties to a broader pool of potential tenants. Advertising to any and all tenants can help widen your tenant pool and reduce vacancies.
- Creating a Positive Community- The last thing you want is a bad relationship with your tenants. Following fair housing laws leads to better relationships between landlords, tenants, and neighbors.
- Reducing Legal Risks and Liability- Even if you discriminate unintentionally, like failing to provide reasonable accommodations, it can lead to legal trouble. So, it’s essential to know your responsibilities so you can avoid any adverse actions against you or your business.
Common Fair Housing Violations
Hopefully, no landlords or property managers intentionally violate Fair Housing laws. However, sometimes, it can happen unintentionally. As such, it’s crucial to know some of the most common violations so you can avoid discrimination against your tenants. Here are some practices to avoid entirely if you don’t want legal trouble.
- Refusing to Rent to Someone
- Treating Tenants Differently
- Asking Prohibited Questions
- Not Making Reasonable Accommodations
Refusing to Rent to Someone
It’s illegal to refuse to rent to someone based on their race, color, national origin, religion, sex, familial status, or disability. Having preferences can also get you into trouble, especially if you try advertising to only a particular group of people.
Treating Tenants Differently
You must treat all tenants equally. You can’t enforce different rules, rental terms, or fees for some tenants and not for others based on protected characteristics. For instance, providing better maintenance services or responding to requests faster for certain tenants can lead to potential legal trouble.
Asking Prohibited Questions
During your tenant screening process, you have to be careful about the questions you ask to ensure you don’t violate fair housing laws. For instance, you should avoid questions about religion, disability status, family status, and nationality, as they could be interpreted as discriminatory.
Not Making Reasonable Accommodations
Under the FHA and the Americans with Disabilities Act (ADA), it’s your job as a landlord to provide reasonable accommodations for tenants with disabilities. For instance, you may have to allow a service animal in a no-pet rental, install a ramp or grab bars if needed for accessibility, or offer alternative communication methods for tenants with hearing or visual impairments.
How to Avoid Violating Fair Housing Laws
If you want to stay out of legal trouble, you’ll want to avoid violating Fair Housing laws at all costs. Here are some of the things you can do to ensure your practices are fair and consistent for all tenants.
- Understand Laws That Apply to You- Laws can vary depending on the state, so it’s crucial to familiarize yourself with the laws that apply to your rental properties. For instance, some states have additional protected classes, like sexual orientation, source of income, military status, and marital status.
- Use Consistent Screening Criteria- To ensure you’re treating all applicants fairly, it’s essential to have consistent screening criteria when reviewing rental applications.
- Make Reasonable Accommodations- Remember that if a tenant has a disability that requires a reasonable accommodation, you’re required to make that accommodation.
Avoid Legal Setbacks With PPM
Fair Housing laws apply to all landlords and property managers, and following them is mandatory. If you’re looking to buy rental properties or get into the property management field, you’ll want to look into these laws to ensure you aren’t breaking any important laws and landing yourself in legal trouble.
Want to ensure compliance? Consider hiring a professional property management company to help manage your tenants and rental properties. Professional Property Management in Northern Virginia can help with each step of the rental process, ensuring compliance throughout it all. Contact PPM today to learn more about how we can help your rental property business.
