The Fair Housing Act
An Overview for Landlords and Property Managers
As a Landlord or Property Manager, you are subject to a variety of federal, state, and local laws. You must comply with every single one—or risk expensive fines.
One federal law covering rental property is the Fair Housing Act. This law prohibits landlords and property managers from discriminating against any potential or current tenants on the basis of their race, skin color, religion, gender, family status, and national origin. It also prohibits discrimination because of an individual’s disabilities.
This means you must give everyone an equal chance at leasing your property. Certainly, you are entitled to qualify potential tenants based on income, credit and criminal history, job history, and previous rental experience. But beware: you must apply the same qualifying rules to every applicant. Failure to do so could lead a disapproved individual to claim discrimination.
Under the Fair Housing Act, landlords must allow persons with disabilities to make reasonable access-related modifications to private and common use spaces. New multifamily housing with four or more units must be designed and built to allow access for the disabled.
The Fair Housing Act also provides protection to disabled individuals who require service animals. If you have a “no pets” policy, keep in mind that you cannot enforce it on a tenant who has a proven need for a service animal. Whether it is a guide dog for a visually disabled person, or a therapy cat for a mentally disabled individual—you must accommodate the animal. Service animals are not defined as “pets,” so they do not fall under a “no pets” rule.