HERE’S WHAT YOU NEED TO KNOW ABOUT FAIR HOUSING LAWS

Fair housing laws prohibit any discrimination, in any form, against homebuyers and renters. It’s normal for landlords to set a criteria for screening their tenants, such as credit history and financial stability. Every prospective tenant must go through the same screening criteria. However, there are times when some landlords overstep their boundaries and take race, gender and other personal traits into consideration. As a landlord, it’s important to review and understand the Fair Housing Laws, to avoid monetary penalties, and a hit to your reputation.

WHAT IS FAIR HOUSING?

Established in 1968, The Fair Housing Act is otherwise known as the Title VIII of the U.S. Civil Rights Act, which prohibits discrimination in the selling, renting, leasing, financing and advertising of housing based upon protected classes. These include:

• Race
• Color
• Religion
• National Origin
• Sex
• Familial status
• Disability

These are the common protected categories that are included in each state’s housing laws. In Michigan, age and marital status are also protected classes. Some states even include military status as well. Let’s look at each one.

Race or Color

Discrimination against individuals belonging to a certain race may not be as common compared to the past, but sadly, it still occurs in this day and age. Some landlords have a subtle, indirect approach when trying to get around Fair Housing laws. For example, they may take an application from anyone who applies, but turn away every person of color. This is discriminating just as much as one who directly announces that no one from a certain race needs to apply as tenants.

Religion

Discrimination against people belonging to a specific religious group still happens. A landlord can violate housing laws just by advertising their property belongs to a “safe Christian community”, which might give the wrong impression that only Christians are the preferred tenants who should apply.

National Origin

Whether intentional or given out indirectly, discrimination against national origin is illegal. For example, a landlord isn’t allowed to place an ad for their property offering discounts to Hispanics. Landlords cannot require a different set of requirements for different groups of people.

Sex

It’s unlawful to discriminate in housing on the basis of sex. No one should be denied a place to live solely because they’re male or female. Sexual harassment is another form of sexual discrimination. It’s illegal to refuse a tenant’s application if they resist the sexual advances of the landlord. Often, poorer women, with fewer housing options, are subjected to sexual harassment. Since they have limited options, they often must put up with the harassment, or risk being forced to leave. This is obviously illegal.

Familial status

It’s also common for landlords to refuse applications from tenants with children. Even if the reason is justifiable, such as the landlord believes that children wouldn’t be safe within the property or neighborhood, it’s still illegal to deny tenancy. Some landlords have tried to work around the discrimination against families by setting occupancy limits. For example, they may only allow 2 people in a two-bedroom unit. Obviously, this poses a problem for families who wish to apply. The Department of Housing and Urban Development has set guidelines for landlords to allow at least two individuals per bedroom.

Disability

The law prohibits discrimination against individuals who have a physical or mental disability that limits their major life day-to-day activities. The disabilities may include hearing, mobility and visual impairments, illness such as HIV, or alcoholism and drug addiction, if under treatment, learning disability, among others. The major affected daily activities include: vision; hearing; walking; breathing; caring for themselves; speech; basic tasks; learning and/or employment.

Age

A landlord cannot refuse housing or impose special rules based on age. However, if the tenant shows signs of advanced senility such as wandering into the wrong unit, unable to do basic household chores, or frequently forgets that rent is due, the landlord can refuse them based on these age-neutral factors.

Marital Status

Some states don’t include marital status as part of their Fair Housing Laws, but Michigan does. This is partly referring to unmarried couples. Landlords aren’t allowed to refuse housing to tenants simply because they are not married.

WHERE TO GET INFORMATION ON THE FAIR HOUSING LAWS

If you are unaware of, or are unsure of how to interpret the Fair Housing laws, you can get information from the Department of Housing and Urban Development (HUD), and

for those in the Michigan, you can contact the Michigan Department of Civil Rights (MDCR).

Violating these laws can lead to fines, punitive damages and attorney fees, not to mention a loss of a good reputation. Being punished for violating Fair Housing laws can hurt your future business too.

Understanding what the Fair Housing Laws in your area cover is a must. The last thing you want is getting sued by your tenants, because you do not understand the laws. To make sure you are compliant with Fair Housing Laws, and all your property management needs, you can always reach out to ProWay Property Management to help you out. Contact us at (734) 744-5080 or send us an email at [email protected].