Renting Property? Avoid These Fair Housing Violations

If you have property that you rent out, it’s probably time that you were up to speed on some basics of fair housing discrimination in rental properties. Many landlords are unaware of the rules, and can inadvertently find themselves on the wrong end of a discrimination lawsuit.

It should come as no surprise that it is illegal to discriminate in the renting or treatment of tenants, based on race, religion, gender, national origin, or sexuality. But many people don’t realize how subtle that discrimination can be, and the things that can often be the catalyst for discrimination lawsuits.

Promotion and Marketing

Many landlords get in trouble by promoting properties in a discriminatory manner. For example, it may seem like you are “promoting” property by telling someone that a neighborhood has a lot of people that are similar in demographic to your potential tenants—the (false) assumption for some is that people of a given race or religion all want to live in the same area.

But any kind of promotion or marketing of property based on any protected class is illegal (there are exceptions for advertising age based communities, like 55 and older housing). Telling someone, for example, that they should move in immediately–or that they should leave–because others of a different race, religion or nationality are moving in or out of the neighborhood, would also be illegal.

Inadvertent Discrimination

Even if you have no intention of discriminating against those who are disabled, it does happen. Imagine, for example, charging someone more to live on the bottom floor or an apartment building. But the tenant must live on the bottom floor, because of a disability. Charging more may be seen as disability discrimination under the ADA.

Some policies should be obviously avoided. For example, charging any extra fees, like security deposits, based on a tenant or prospective tenant’s ethnicity, gender, age or nationality. Or telling someone there is no availability to rent, when in fact there is, just based on the person’s demographic characteristics.

A complex that limits access to shared facilities, like pools or gyms, based on age or gender is illegal. That also extends to same-sex couples—policies that, for example, would not allow a same sex partner at a community pool or gym, would be illegal.

Remember that pregnancy is protected as well, and the likelihood of getting pregnant. So questions that ask if someone intends to start a family, or policies that may charge more, or applying different policies based on pregnancy, would be discriminatory.

Alteration of Property

Remember when it comes to disabilities, a landlord’s obligation may go beyond just not discriminating. To make reasonable accommodations as required under the ADA, as a landlord, you may need to make physical alterations to property, like putting handrails in bathrooms, or installing braille wherever there is text inside a unit, or installing ramps where there may be step ups inside the unit.

Whatever your business, stay in compliance with the law. Call the West Palm Beach commercial litigation lawyers at Pike & Lustig today.

Sources:

eatonrealty.com/blog/property-management/florida-fair-housing-act-guide-landlords

hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview#:~:text=It%20is%20illegal%20discrimination%20to,Otherwise%20make%20housing%20unavailable