For landlords, Fair Housing Act complaints may be expensive and difficult. Here’s additional information on what to do and how to prevent them.
What you will discover:
The Fair Housing Act (FHA) is a major legal worry for landlords. The FHA protects those who are looking for housing, whether they are renting, purchasing, or taking out a mortgage. Even if you do not believe you are engaging in unethical behavior, there may be restrictions that you are not aware of. You may reduce the likelihood that a tenant or applicant will file an FHA complaint against you by studying the guidelines. You may also improve your chances of successfully defending yourself against a complaint.
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What benefits does the FHA provide to renters?
Certain protected classifications are included in the Fair Housing Act. A protected class is a group of persons who are legally protected against discrimination. This implies that landlords cannot discriminate against anybody based on their:
The majority of dwelling types are included, although the following may not be:
Discrimination is the unjust treatment of individuals based on particular characteristics, and it occurs in a variety of ways. A building owner, for example, may refuse to admit applicants who belong to a protected class. Some candidates may be held to greater standards than others. Members of a protected class may be turned away if a unit is no longer accessible. Alternatively, they may direct someone to a different property depending on their assumptions. During the application process, the FHA safeguards certain groups from discrimination. Existing renters are also protected from discriminatory conduct such as unfair evictions, harassment, or refusal to deliver services. These behaviors may lower renters’ quality of life or make them want to leave.
The FHA is a federal statute. Under their own fair housing legislation, states may and do impose tighter regulations. They may include additional kinds of safeguards or cover more protected groups. Cities and counties may do the same thing. Local governments cannot usually remove the safeguards provided by federal or state law.
State and municipal legislation often introduce protected classes such as:
In addition, states’ fair housing rules may encompass smaller structures where owners reside or single-family houses. States may also extend federal protections to residences that are not protected by federal law. Some states provide protections to any marketed house, not simply those listed through an agent.
When tenants believe their landlord is treating them unjustly, they may submit a fair housing complaint. To prevent fair housing accusations, you should be aware of your legal duties and how to carry them out. Following clearly defined measures may assist you in avoiding handling applicants or renters in a manner that may result in a fair housing complaint. It may also demonstrate to applicants and renters that you are making an effort to treat them fairly. Here are some steps you may find useful:
If you are worried about your screening procedure or rules as a landlord, you should consult with a lawyer.
Recording everything is one of the finest strategies to defend oneself against complaints. Keep accurate records for all of your tenants, not just those with whom you have had previous concerns or who belong to a protected class. Landlords must treat tenant requests for accommodations, such as admitting a service animal, or informal complaints about prejudice seriously.
You may keep track of every conversation you have with your renters, either verbally or in writing. You might save copies of tenant complaints, lease violation notifications, comprehensive notes on verbal warnings, and records of any eviction proceedings.
For example, you may have a disabled renter who often receives noise complaints from other residents for playing loud music late at night. You may be apprehensive that if you attempt to remove them, they would accuse you of discrimination. If you can produce documentation of each time they violated their contract, as well as how you addressed infractions by other renters in the same manner, their complaint may have little chance of success.
Fair housing infractions may result in significant penalties. The renter or applicant may be able to force you to pay for the legal infractions. You may also be fined by the federal authorities. If a court judges against you, the maximum penalties under federal law for a first violation is more than $20,000. Other renters may be hesitant to rent from you if you have a history of fair housing infractions.
If you get a fair housing complaint from a government agency, it is important to keep track of when you must reply. In general, you must react or you will be eliminated immediately. As a result, you should consult with a lawyer as quickly as possible. It might also be beneficial to keep any data, such as emails, text messages, or letters. If you have not received a complaint but have been threatened with one, you should proceed as if you had received one.