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Please note that the following article is strictly to provide information and neither the content nor transmissions through this website
are intended to provide legal or other advice or to create an attorney-client relationship.
On April 11, 1968, President Johnson signed the Fair Housing Act (“FHA”) into law. This momentous legislation, along with later amendments, prohibits housing discrimination based on race, religion, national origin, disability, and family status. In California, a separate set of fair housing laws also prohibit discrimination on the basis of sexual orientation and marital status. The goal is to ensure all current and prospective residents are treated fairly; however, these requirements can present significant challenges to landlords and property owners alike.
The Department of Fair Employment and Housing (DFEH) is responsible for enforcing California's fair housing laws that make it illegal to discriminate because of the categories. The law prohibits discrimination in all aspects of the housing business, including renting, leasing, sales, mortgage lending, mortgage insurance, advertising, practices such as restrictive covenants, and new construction. It is also unlawful for counties or other local government agencies to make zoning or land-use decisions that discriminate against individuals based on the protected categories. In general, housing discrimination complaint must be filed within one year from the date an alleged discriminatory act occurred and can be filed with either the federal government or the State of California.
How can property managers and property owners avoid taking action in violation of the FHA? Are there specific guidelines to follow? Are there rules that apply only to current residents? What is the best way to provide accommodations for those with disabilities? What are the guidelines with respect to prospective residents?
Claims made by current residents often arise out of some sort of unequal enforcement of the rules for a particular building. For example, certain residents are allowed to use the common areas past a certain time and others are not. Ensuring that any policies and rules are applied across the board will help to alleviate this concern and show a pattern of equal treatment.
However, another issue arises when a resident request an accommodation based on a disability. The law requires owners to make reasonable modifications to your dwelling or common use areas, at their expense, if necessary, for a disabled person to use the housing. Although not discriminating usually means treating everyone the same, disability discrimination is different. When necessary for people with disabilities to have an equal opportunity to enjoy housing, the housing provider must allow them to make reasonable modifications to the premises and must make reasonable accommodations, meaning changes to rules, practices, and services to help residents or applicants with disabilities have an equal opportunity to use and enjoy housing.
Examples of discriminatory acts as to current residents:
The majority of fair housing claims arise out of claims made by prospective residents; thus, property manager should pay careful attention in how they advertise available space and the process they use in evaluating tenants.
Before advertising a unit, it is imperative that fair housing laws are taken into account with regard what is said and done in the selection process, including (1) how to advertise, (2) questions posed on the rental application, (3) the screening fee charged, and (4) how decisions are made. Although rejection of applicants on the basis of bad credit history, negative references, past behavior, property managers should be very clear on the basis for the decision to avoid costly discrimination complaints and lawsuits.
Examples of discriminatory acts as to potential residents:
Generally, the requirements for rental and the terms and conditions must be the same for families with children as for any other applicant or tenant. The one exception to this rule involves housing that has been specifically designed for senior citizens. To qualify as “senior housing,” a housing accommodation must meet specific legally defined requirements, which may include a minimum number of units, age-based residency limits, and design features.
The above guidelines are helpful to keep in mind to ensure your practices do not violate the law. However, the clear-cut way to avoid fair housing claims is to treat each and every current tenant and prospective tenant the same. For current residents – enforce all rules in a uniform manner and ensure all policies are applied across the board, as well as allow for accommodations for disabilities when necessary. For prospective tenants – utilize the same criteria for all those that show interest. This will protect you in the event a claim is made because it will show that your behavior has been even regardless of the individual resident involved.
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