Property Management Blog

The Fair Housing Act is one of the most important laws for landlords to understand. The act requires landlords to act fairly and equally when renting out a property. You must do so in almost all facets of landlording. Including, during property marketing, tenant screening, rental pricing, and even when responding to repair requests from tenants.

And just like other landlord-tenant laws, violations of the fair housing laws can be costly. The penalties can be upwards of hundreds of thousands of dollars. Not to mention the reputational damage it can cost you. 

In this article, you’ll learn all the fundamental aspects of Florida's fair housing laws. From the federal and state fair housing laws, to what you can do to protect yourself as a landlord.

What Is Fair Housing?

All fair housing laws have one thing in common – their goal is to ensure fair and equal opportunity in housing. This is a responsibility that all players in the housing industry must fulfill.

Housing players include landlords, home sellers, property developers, and property managers. As a landlord, you must ensure that each potential tenant has a fair opportunity to rent your property. Discriminating against them based on their skin color, sex, nationality, or other protected class would be illegal. 

When and Why Was the Fair Housing Act Created

The purpose of the Florida Fair Housing Act is to safeguard those who are vulnerable to discrimination and to help avoid discriminatory practices relating to housing transactions. The Federal Fair Housing Act was created with the intention of giving all Americans seeking a place to live equal opportunities and rights.

Even though there have been attempts to draft fair housing laws in America since the middle of the 19th century, the Civil Rights movement of the 1960s brought about a number of important reforms. The Civil Rights Act of 1964 and the Rumford Housing Act of 1963 were designed to combat housing discrimination. 

The Fair Housing Act was founded in 1986. This law, which was the most innovative at the time, fundamentally altered the housing market and the way that people are protected from discrimination. These days, all housing providers have to follow the Fair Housing Act guidelines. 

What are Examples of Fair Housing Violations in Florida?

The following are some examples of actions that would be regarded as discriminatory as per the fair housing laws.

• Refusing a bona fide offer from a prospective tenant without any legitimate justification.
• Claiming that a vacant unit you’re trying to rent out is unavailable because you have a preference on who to rent to.
• Threatening or intimidating a tenant into forgoing their right to fair housing.
• Refusing to provide disabled tenants with reasonable accommodations and modifications.
• Discriminating a tenant based on their race. For instance, saying in your rental ad that “X is preferred.”

• Discriminating against a tenant because of the religion they practice. It’d be illegal for you to advertise your unit as “Christians Preferred.” You cannot also reject an applicant because they are wearing religious outfits, such as a hijab or a yamaka.
• Rejecting a tenant because of their nationality.
• Asking illegal tenant screening questions that touch on the tenant’s protected class. For example, are you Hispanic or Latino? Are you pregnant? Are you a Muslim? How many children do you have? Are you Chinese or Japanese? Are you disabled?

Are there Exemptions to the Fair Housing Act?

Yes, but in very limited circumstances. The following are possible exemptions.

• Owner-occupied buildings with four or fewer units: This exemption exists under federal law, known as the "Mrs. Murphy exemption," where owner-occupied buildings with four or fewer units are exempt from the Fair Housing Act
• Single-family homes rented out by the owner: The federal Fair Housing Act exempts owners who rent or sell single-family homes without using a broker or agent, provided they own three or fewer single-family homes and do not engage in discriminatory advertising.
• Homes operated by religious organizations and private clubs: Religious organizations and private clubs are exempt from the Fair Housing Act when limiting occupancy to members, as long as there is no discrimination based on race, color, or national origin.

Tips to Avoid Violating The Fair Housing Act

To avoid violating the Fair Housing Act (FHA), it’s essential for landlords, property managers, and real estate professionals to follow best practices that promote fairness and prevent discrimination. Here are some key tips: 

• Familiarize yourself with the protected classes under the FHA, which include race, color, religion, sex, national origin, familial status, and disability.
• Establish and apply the same rental criteria for all applicants. This includes income requirements, credit checks, rental history, and criminal background checks. Ensure these criteria are objective, non-discriminatory, and applied uniformly to every applicant.
• Ensure that all rental advertisements and marketing materials are free from language that suggests a preference or limitation based on a protected class. For example, avoid phrases like "ideal for a single professional" or "Christian community." Use neutral terms like "cozy apartment in a quiet neighborhood."
• Be prepared to make reasonable accommodations and modifications for tenants with disabilities. This might include allowing service animals in a no-pets building or installing grab bars in bathrooms. Denying reasonable requests could be considered discriminatory
• Keep detailed records of all tenant interactions, including applications, communications, maintenance requests, and any accommodations provided. This documentation can help protect you in case of a dispute or complaint.
• Take any complaints about discrimination seriously and address them promptly. Ensure that your response is thorough and documented, and consider seeking legal advice if needed.
• Fair housing laws can change, so it's important to stay informed about any updates at the federal, state, and local levels. Joining professional associations, attending workshops, and consulting with legal experts can help you stay compliant.

Conclusion 

Property management is a service industry. You need to be respectful and fair for potential repeat business. If you fail to do so, you not only risk losing the tenant, but also getting into serious legal issues.

Luckily for you, Dennis Property Management has you covered. We provide full-service property management services to property owners in the Tampa Bay area. Get in touch to learn more