The Fair Housing Act is a cornerstone of equality in housing in the United States. Enacted in 1968, this pivotal legislation aims to prevent discrimination in the housing market, ensuring that everyone has equal access to housing opportunities regardless of their background.
Understanding the Fair Housing Act is crucial for landlords, real estate professionals, and tenants alike. This article explores eight essential aspects of the Fair Housing Act, providing valuable insights into its scope, protected classes, and practical implications. Keep reading to learn more!
What Is the Fair Housing Act?
The Fair Housing Act, also known as Title VIII of the Civil Rights Act of 1968, is a federal law that prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability.
This landmark legislation was designed to create a more inclusive and equitable housing market, addressing historical injustices and promoting fair access to housing for all Americans.
As we delve deeper into the intricacies of the Fair Housing Act, it's important to understand the specific protections it offers, examples of violations, and how they apply in real-world scenarios.
Fair Housing Act Protected Classes
The Fair Housing Act initially protected seven classes:
- Race
- Color
- National Origin
- Religion
- Sex
- Familial Status
- Disability
These protected classes form the core of the Fair Housing Act's anti-discrimination provisions, ensuring that individuals cannot be denied housing opportunities based on these characteristics.
Additional Protected Classes
While the federal Fair Housing Act covers the seven classes mentioned above, many states and local jurisdictions have expanded these protections to include additional classes. Some common additional protected classes include:
- Sexual Orientation
- Gender Identity
- Age
- Marital Status
- Source of Income
- Military Status
- Genetic information
- Criminal history (arrest without conviction)
Housing providers and seekers must be aware of both federal and local fair housing laws, as they may offer broader protections in certain areas.
Examples of Fair Housing Act Violations
Understanding what constitutes a Fair Housing Act violation is essential for compliance. Here are some common examples.
This violation occurs when a housing provider falsely claims that a property is not available for sale or rent when it actually is.
For example, telling a minority applicant that an apartment has been rented when it's still on the market would be a clear violation of the Fair Housing Act.
Refusing to rent or sell a property to someone because they belong to a protected class is a direct violation of the Fair Housing Act. For instance, denying housing to a family with children or a person with a disability would fall under this category.
Offering different lease terms, prices, or amenities based on a person's protected class status is illegal. An example would be charging higher rent to tenants of a particular race or offering discounts only to members of a specific religion.
Stay Consistent with Rental Application Screening
Consistency is key when it comes to fair housing compliance. Develop a standardized screening process for all applicants, regardless of their background, to ensure equal treatment.
Use the same criteria for everyone, such as credit checks, income verification, and rental history. This approach not only helps you comply with fair housing laws but also streamlines your selection process.
Remember, the goal is to evaluate each applicant based on objective criteria related to their ability to be a responsible tenant, not on any protected characteristics.
By maintaining a consistent and well-documented screening process, you protect yourself legally while ensuring fair treatment for all potential tenants.
Use Clear Language in Ads, Descriptions, and Applications
Avoid language that could be interpreted as discriminatory or preferential towards any protected class. Focus on describing the property and its features rather than the type of tenant you're seeking.
Post Your Qualification Guidelines
Make your rental criteria publicly available to all potential applicants. This transparency helps demonstrate that you apply the same standards to everyone.
Be Sensitive to Disabled Tenants’ Needs
The Fair Housing Act requires housing providers to make reasonable accommodations for tenants with disabilities. This includes:
- Service animals: Allow service animals, even in properties with no-pet policies.
- Emotional Support Animals: Recognize the importance of emotional support animals and make necessary accommodations.
- Parking accommodations: Provide accessible parking spaces when required and reasonable.
Avoid Sensitive Questions
Don't ask about the number of children or family composition unless it's directly related to occupancy limits set by local laws. Refrain from inquiring about an applicant's race, ethnicity, or country of origin. These factors should not influence housing decisions.
Don't ask about religious affiliations or practices, as these are protected under the Fair Housing Act. While you can ask if an applicant needs any accommodations, avoid asking about the nature or extent of a person's disability.
Unless your property qualifies as senior housing, don't ask about an applicant's age. Similarly, avoid questions related to gender or sexual orientation.
Conclusion
The Fair Housing Act plays a vital role in promoting equality and preventing discrimination in the housing market.
By understanding its provisions and implementing fair housing practices, we can create more inclusive communities and ensure equal access to housing opportunities for all.
For those seeking expert guidance on Fair Housing Act compliance, look no further than Mark Thomas Properties Property Management. Our team of experienced professionals is well-versed in fair housing laws and can provide invaluable assistance to landlords, property managers, and tenants alike.
If you're a property owner or manager and want to ensure your practices align with the Fair Housing Act, don't hesitate to reach out to us.
Our expertise can help you navigate the complexities of fair housing regulations, minimize legal risks, and create a welcoming environment for all tenants. Contact us today to learn more about how they can support your fair housing efforts and enhance your property management practices.
Disclaimer: This blog article is for informational purposes. The information contained in this
blog article may not be the official policies of Mark Thomas Properties Property Management.
