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:
What benefits does the FHA provide to renters?
Are state laws more protective?
How can I prevent concerns about fair housing?
How can I avoid a complaint if I behave in a non-discriminatory manner against a protected applicant or tenant?
What should I do if I get a complaint about fair housing?
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.
Table of Contents
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:
Race.
The country of origin.
Religion.
Sex.
Relationship status.
Disability.
The majority of dwelling types are included, although the following may not be:
Buildings having four or fewer apartments, one of which is occupied by the owner.
Single-family residences leased or sold by the owner without the assistance of a real estate agent.
Only members of religious organisations or private clubs are allowed to reside in housing owned by religious groups or private clubs.
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.
Are state laws more protective?
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:
Sexual preference.
Gender identification.
Earnings source.
Ancestry.
Military standing.
Age.
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.
How can I prevent concerns about fair housing?
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:
Do your tenant screening in the same manner each time. Many smaller landlords rely on their instincts, which might expose them to discrimination lawsuits. A landlord that follows a consistent approach may demonstrate the specific non-discriminatory grounds for approving or rejecting each renter.
All renters must provide the same information. This also helps to demonstrate the reasoning behind your selections. It also precludes a candidate from claiming that you discriminated against them by forcing them to provide more documentation than everyone else.
In your home advertisements, avoid using wording that may be seen as discriminatory. Keep the details about the property to a minimum. Even seemingly harmless and pleasant things may cause problems. For example, stating that purchasers or renters of a certain religion are favoured owing to “proximity to a place of worship” might be seen as excluding tenants of a different faith.
Treat all renters equally. This includes the manner in which you issue warnings and when you petition for eviction if they violate the lease.
If you are worried about your screening procedure or rules as a landlord, you should consult with a lawyer.
How can I avoid a complaint if I behave in a non-discriminatory manner against a protected applicant or tenant?
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.
What should I do if I get a complaint about fair housing?
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.
