Finding a place to live should be a fair process for everyone. However, we can still see how housing discrimination is happening around us. This is why both renters and landlords should have a clear understanding of fair housing laws. It will help protect people from unfair treatment. In addition, it will create equal opportunities for all. This guide will break down what you need to know about fair housing laws in plain terms.
What Renters Need to Know About Fair Housing Laws
The primary federal law that covers renters’ rights is the Fair Housing Act. It was originally passed in 1968 as Title VIII of the Civil Rights Act of 1968. The Fair Housing Act was expanded by Congress in 1988.
Under this law, it is illegal to discriminate against someone who falls into one of these seven protected classes:
- Race
- Color
- Religion
- Sex (which includes gender identity and sexual orientation)
- National origin
- Familial status (if you have children under the age of 18)
- Disability
Discrimination can take many forms. A landlord can’t refuse to rent to you because of your race. They can’t require you to pay a higher security deposit because of your religion.
Your rights aren’t limited only to when you sign your lease. Fair housing laws apply to all aspects of renting. That includes your housing search, your application, and your lease agreement. They also cover lease renewals and even your move-out.
If you have a disability, you have the right to request reasonable accommodations. These are rules or policies that can be changed to accommodate your needs. You might request to pay your rent on a different day. If your disability pays you housing benefits on the 1st and your rent is due on the 5th, you could request that the due date be changed. You’re also allowed to request reasonable modifications to your unit. A modification is a physical change to the space.
Fair housing laws also protect service animals. A landlord can’t require you to pay a pet deposit or any pet fees for a service animal or support animal. They can’t enforce any breed restrictions on service animals. Property managers are aware of these laws as well. Professional Northern Virginia property managers manage single-family and multi-unit properties.
If you believe your landlord has violated your rights, you should file a complaint with the U.S. Department of Housing and Urban Development (HUD). You may also want to reach out to a local fair housing agency. Be aware that there are time limits for filing complaints.
Equal Housing Opportunity Landlords: Responsibilities and Best Practices
Being recognized as equal housing opportunity landlords can improve a property’s reputation and attract more tenants. You have a legal responsibility as a landlord. If you rent out your home or manage rental properties for owners, treat all applicants and tenants equally. Violating fair housing laws can cost you thousands in fines and lawsuits, not to mention your reputation.
- Screen everyone by the same standards
Evaluate each applicant by income, credit score, rental history, and background screening, but nothing else. Don’t base your decision on race, color, religion, national origin, sex, disability, or familial status.
- Stay neutral
Your postings cannot favor or discriminate against any group. For example, you cannot say you would rather rent to someone of a particular race.
- Maintain habitable houses
Keep your rental units safe and livable. Respond to repair requests on time for all tenants.
- Make reasonable accommodations
If a tenant with a disability requests a reasonable accommodation, you must consider it in good faith.
- Keep detailed records
Write down repair requests, how you handled them, and any communication between you and the tenant. Documentation can serve as your defense if a tenant tries to blame you for a problem.
Unintentionally screening one applicant differently from another is known as disparate impact. Even if you feel you didn’t discriminate against someone, you may have violated the law. Ask yourself: “Would I do this for any applicant?”
Tips for Finding and Renting Apartments Responsibly
Signing a lease can be exciting! To make sure you’re renting responsibly, it helps to be prepared beforehand. Follow these tips for finding an apartment that works well for you:
- Figure out your budget
Financial advisors say your rent and utilities should equal 25–35% of your after-tax income. Determine what you can afford before beginning your search.
- Collect your paperwork
Landlords typically require proof of income, identification, rental references, and a credit report. Have these documents ready so you can apply quickly.
- Tour the apartment
If possible, always see the rental unit in person before signing a lease. Check for damages and ask the landlord questions about the apartment. Make sure your lights work and test out all plumbing and appliances.
- Take move-in photos
Once you find your perfect apartment, video or photograph each room before you unpack. List any existing scratches, stains, or damages. Email copies to your landlord, noting that you took the pictures upon move-in. Renters who do this are less likely to lose their security deposit.
- Get it in writing
If your landlord makes a verbal promise to repair an appliance or waive a fee, request it in writing. Having documentation can help if any issues arise during your tenancy.
- Read your lease
Before you sign on that dotted line, read your lease agreement thoroughly. Know the rules about overnight guests, pets, and noise restrictions. If you don’t agree with a clause, ask your landlord about it before signing.
Final Words
Every person deserves a safe place to live free of discrimination. When landlords and renters know their rights, everyone benefits. Housing discrimination victims are less likely to speak up if they aren’t educated on their rights and options.
The Fair Housing Act has been enforced for over 50 years. But it doesn’t matter how long the law has been around if people aren’t holding others accountable. Whether you’re a first-time renter or own an apartment complex, knowing your fair housing rights empowers you.
