In setting up my rental policies what is most important in creating compliant fair housing policies and practices?
Federal, state, and local fair housing laws govern your rental policies and practices for advertising and marketing of rental properties, tenant screening and selection policies, and enforcement of lease terms and conditions in a consistent and non-discriminatory manner.
Your priority is knowledge and understanding of applicable fair housing laws for the location of your rental property. Â Federal Fair Housing laws prohibit discrimination on the basis of these protected classes:
- Race
- Religion
- National origin
- Sex
- Color
- Familial status
- Disability
Many states and some local jurisdictions have fair housing laws that grant greater protections against discrimination. As examples, state and local protected class status may be extended to include age, sexual preference, gender identity, gender expression, occupation, source of income, Section 8 voucher participation, educational status, medical status, marital status, partnership status, military background, political affiliation, or other named class.
Fair housing compliance will be in accordance to the federal, state, and local law that is the most restrictive in protecting against housing discrimination.
Since an applicant/tenant is potentially a member of any of the federal, state, and local protected classes, the landlord’s rental policies must be based on legitimate business criteria for fair housing compliances.
Your rental policies should be documented in writing and applied equally and consistently in all areas of your property management operations.