Federal Fair Housing Laws are designed to protect tenants from discrimination in the rental housing market on the basis of characteristics like race, religion, family status or disability. Many of the Federal laws cross over into State law as well. For California, however, there are even more categories, with protection extending to some unexpected places for the unaware landlord. These additional provisions include discrimination on the basis of income (such as preferring a wage earner over a housing voucher applicant) as well as sexual orientation.
As a landlord or property owner, it is important to comply with the protections offered under both Federal and State laws to avoid some pretty steep legal penalties. For example, a first-time Federal violation can set you back $21,663 plus actual damages and attorneys fees, according to FairHousingInc.. Second penalties escalate from there!
We trust and hope that in modern society landlords want to offer their rental property to the person(s) most willing and likely to be a performing tenant and do not care about the physical appearances, choices, or other statuses of the applicant. Even so, a landlord can inadvertently violate Fair Housing laws by being unaware of the extent of protections offered under the law. For example, wrongly advising an applicant that you do not accept Section 8 as a source of income is a violation of Fair Housing. It is discrimination on the source of income.
How can you avoid accidentally violating Fair housing laws?
First, get and stay educated! California has unique fair housing categories that are not necessarily intuitive. Learn them. There are courses online that you can take that will walk you through them and test you on them. Also, stay educated…as California is very active when it comes to writing new laws that impact housing. Consider subscribing to a service or joining an organization so you can stay on top of the latest Fair Housing developments.
Second, consider a property manager as it is their job to help you stay up-to-date on the latest fair housing regulations and ensure that rental policies and procedures are in compliance with the law. A property manager can help you understand the nuances of the law and avoid even those nuanced, unintentional violations.
A property manager can help you avoid potential discrimination claims by ensuring that all applicants are treated equally and fairly. They can establish clear and consistent tenant screening criteria and apply them consistently to all applicants, regardless of their race, gender, and all other protected characteristics.
Whether you navigate the Federal and State Fair Housing Laws alone or select a property manager to do so, remember to educate, stay educated, select neutral and consistent screening criteria and apply them consistently. If you need assistance, we are always here to help.
