Fair housing law is a legal framework that governs every decision landlords and property managers make about who they rent to, how they screen applicants, and how they handle complaints. The consequences of getting it wrong? Costly litigation, fines, and damage to your investment. Fortunately, landlords can take concrete steps to protect themselves without sacrificing operational efficiency.
Education Is a Compliance Tool
Every member of your team, whether it’s in-house staff or a third-party property manager, should be trained on the Fair Housing Act (FHA) and any relevant state or local anti-discrimination laws. Federal protections include race, color, national origin, religion, sex, familial status, and disability. But many jurisdictions expand this to include sexual orientation, gender identity, and other protected classes.
Training isn’t optional. A landlord is responsible not only for their own actions but for those of their agents. That includes staff making casual comments during showings, rejecting applications, or drafting ads. If someone representing your property makes a discriminatory remark or decision, you’re on the hook.
Consistency in Screening Protects You
Tenant screening should not feel like improvisation. It needs to be consistent, standardized, and documented. Apply the same criteria to every applicant, like credit score, employment history, rental history, and criminal background checks. Use the same process, in the same order, every time.
Create a written policy that outlines your criteria. Stick to it. Keep records. If a lawsuit emerges, documentation showing identical treatment across applicants can make or break your defense.
Your Advertising Language Matters
Discrimination can start before a prospective tenant ever calls. Phrases like “perfect for professionals” or “ideal for singles” are often flagged in fair housing audits. They suggest preferences that might dissuade or exclude certain groups.
Advertisements should describe the property—not the tenant you imagine living there. Focus on location, features, amenities, and price. Let the tenant decide whether the space fits their needs.
Anti-Discrimination Policies Belong in Writing
Verbal commitments won’t help you in court. An anti-discrimination policy should be part of every lease, rental application packet, and employee handbook. Make it clear that you do not tolerate discrimination on any basis covered by law.
Post this policy in leasing offices and on your website if applicable. Not only does this set expectations—it also shows a proactive commitment to legal compliance if challenged.
Reasonable Accommodations Are Not Optional
Landlords are required to provide reasonable accommodations to tenants with disabilities. This includes policy exceptions, like permitting a service animal in a no-pets building, and allowing reasonable modifications, such as grab bars in bathrooms or wheelchair-accessible entrances.
In multi-unit buildings, common areas must be accessible. This includes ramps, elevator buttons, mailbox heights, and laundry room access. These standards come from both the FHA and the Americans with Disabilities Act (ADA), depending on the type of building.
Documentation Is Your Best Defense
If you ever face a fair housing claim, records can be the difference between a dismissed case and a drawn-out lawsuit. Save every application, screening document, lease agreement, and communication related to tenant decisions. Maintain logs of accommodations, repairs, and policy changes.
Review Policies Regularly with Atlas Law
Housing law changes. So do your local ordinances. Periodically review your policies, application materials, and leases to make sure they reflect current law. In addition to federal compliance, cities and counties may introduce new protected classes or rules with little notice.
Review internal processes at least once a year. If you manage properties across jurisdictions, make sure each property meets the specific standards of its location.
Protecting your properties starts with protecting your policies. Atlas Law helps landlords structure compliant systems that stand up to scrutiny. If you have questions, need a review, or are facing a complaint, call 813.241.8269.