Emily Dekker
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Fair housing laws protect renters from discrimination. As a landlord you cannot treat people differently—in advertising, screening, lease terms, or eviction—because of race, color, religion, sex, national origin, familial status, or disability. Following these rules keeps you on the right side of the law and avoids costly complaints. For the full picture of landlord-tenant compliance, see Landlord Legal Compliance; for eviction rules (which must also be nondiscriminatory), see The Eviction Process.
The Fair Housing Act is federal law that prohibits discrimination in housing based on protected classes: race, color, religion, sex (including sexual orientation and gender identity), national origin, familial status (e.g. having children), and disability. It applies to renting, advertising, and terms and conditions. Many states and cities add more protected classes (e.g. source of income, marital status). For official guidance, see the U.S. Department of Housing and Urban Development (HUD) FAQ for housing providers.
You cannot discriminate in advertising (e.g. “no children” or “Christian preferred”), screening (applying different criteria based on protected class), lease terms or rent (treating one tenant differently because of who they are), or eviction (evicting or threatening eviction because of a protected characteristic). You also cannot retaliate against someone for asserting their fair housing rights. Apply the same criteria to every applicant and tenant; document your reasons for denials or evictions so they are based on legitimate, nondiscriminatory grounds. When you screen tenants, use consistent criteria—see How to Find Good Tenants and Tenant Screening for screening basics that stay within fair housing.
For tenants with a disability, you may need to provide a reasonable accommodation (a change in a rule, policy, or practice—e.g. allowing an assistance animal when you have a no-pets policy) or a reasonable modification (a physical change to the unit or common area—e.g. a ramp or grab bar) when it is necessary for the tenant to use and enjoy the housing. You can request reliable documentation that the accommodation or modification is needed; you generally cannot charge an extra fee for the accommodation, though modifications may be at the tenant’s expense in some situations. Refusing a reasonable accommodation or modification without a valid reason can be discrimination.
Use consistent, written criteria for applications and screening. Keep records of why you accepted or denied applicants and why you took action against a tenant (e.g. eviction for nonpayment). Train anyone who helps you (property manager, leasing agent) on fair housing. When in doubt, treat everyone the same and document the business reason for your decisions. For an overview of how this fits with other landlord-tenant rules, see Landlord Legal Compliance; for eviction, see The Eviction Process.
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