TIPS TO AVOID FAIR HOUSING ACT VIOLATIONS

The Fair Housing Act was passed in 1968 as an extension to the historic Civil Rights Act of 1964 and originally protected renters from discrimination based on race, color, religion, and national origin. Since that time, the act has been expanded to include discrimination based on disabilities, gender, and families with children.

Some of these may seem to be straightforward, but more than 170,000 cases of Fair Housing Act violations were filed between 2000 and 2016 with nearly 32,000 cases being reported as “no reasonable cause,” over 49,000 cases being race related and an astonishing almost-70,000 being cases filed on a disability basis.

And since HUD has increased the amount of fines for violations of the Fair Housing Act, property managers and landlords should be well-informed when it comes to advertising, screening, and renting potential tenants. One thing to note: HUD reports that this Act applies to all property managers, landlords, and financing institutions but “in very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.”

It’s important for you to research on your own and familiarize yourself with the regulations within the Act. Meanwhile, here are some tips to help you avoid Fair Housing Act violations.

Watch Your Advertising

While you may want to make your listing as appealing as possible, be careful that you don’t include things that could be legally construed as discriminatory. For example, by advertising that your unit is “walking distance to [shops/dining/etc.],” you could be unintentionally alienative those who are unable to walk.

Avoid Exclusionary Terms

It’s tempting – even sometimes suggested – that property listings be as personal as possible but this can be difficult when trying to advertise with the Fair Housing Act in mind. As a rule, don’t use exclusionary words like “no” or “only” unless these are related to law enforcement such as, “No drugs.” Other words and phrases that could be misinterpreted are things like, “perfect for retirees,” “exclusive,” and “safe,” as these terms could be construed as a preference of a certain race, class, or age.

Describe the Property, Not the Tenants

When describing the unit and/or property, stick to the facts: number of bedrooms and bathrooms, amenities, size, etc. but not the potential renter or current tenants. For example, you clearly would not want to advertise the unit as being a “great family neighborhood,” even if it is.

Watch The Landmarks

While your unit may be most easily described as just across the street from the city’s most prominent Cathedral, it can be taken as a religious affront to use spiritual buildings or any other landmarks that might isolate a prospective tenant due to race, age, religion, or gender.

Avoid Steering

Be Mindful of Your Words

When a prospective buyer shows interest in a property and the owner, real estate agent, or property manager uses language that will discourage or encourage them from renting, this is known as steering. Your intentions may be wholesome when you tell a potential Asian tenant that there are other Asians renting on the property but this is an example of steering.

Don’t Anticipate Their Needs

You might mean well by feeling the prospective buyer will be ill-suited for the environment but this is not your decision. They will be able to do the necessary checks and decisions to make a determination if they will the neighborhood, bear in mind that any language or action that would influence their choice to buy or not buy can be considered steering. Just keep the conversation factual.

Don’t Assume Anything About Disabilities

Don’t Exclude Units

If you have a potential buyer comes to view the property and they come with a wheelchair, don’t assume they won’t be able or willing to have a unit on another floor.

Treat such an applicant the way you would anyone else and recognize they will likely let you know if they need any special accommodations or considerations. If they ask you about these things, you can explain units that may be more suited to their needs. It could be their wheelchair is a temporary situation so wait for them to offer the information.

Don’t Pigeonhole

While it may seem practical to say a certain area is prohibited to children, a more responsible way to phrase it would be to indicate the area should not be enjoyed by anyone under a certain age without adult supervision. Avoid making blanket statements about a certain class.

No Pets Doesn’t Include Service Animals

If you have a pet policy that limits the size or type of animals permitted or or a no-pet policy, be aware that a lawsuit can be filed against you for not allowing a person with a service animal to rent. In 2014, a Florida tenant filed a disability descrimination suit and was awarded $5,000 in damages plus more than $100,000 because he was ordered to leave his unit due to his having an Emotional Support Animal (ESA) for his Post Traumatic Stress Disorder.

In the end, the best way to avoid any violations of the Fair Housing Act is to avoid doing or saying anything that might persuade or dissuade a prospective tenant. Even if, upon meeting them face-to-face, you draw up unfavorable personal conclusions, you may be surprised.

DISCLAIMER:

We are not a law firm, and the Brokers, Agents and employees are not acting as your attorney. Our educational blog is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations. We cannot provide you with legal advice, nor are we permitted to engage in the practice of law.

We are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses. To that extent, our blog often publishes general information on issues commonly encountered by Buyers and Sellers.

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