Everyone needs a place to live and to call home. For decades, the federal government has established protections to ensure that individuals and families can find housing free from discriminatory barriers.
When renting, federal law prohibits discrimination on the basis of your race, color, religion, gender, national origin, disability or family status (for example, pregnancy or having kids under age 18). Depending on where you live, states, city and county governments may also have additional protections.
Why does this matter?
Landlords and tenants should have a basic understanding of these laws. In my experience, these laws provide important protections for all sides and encourage everyone "to do the right thing." At the same time, landlords who violate these laws can end up in court and the financial penalties are high.
There are only four situations where the federal law, known as the Fair Housing Act, does not apply:
1) If the property owner is only renting one single family house without the help of a realtor (and does not own more than three single family houses at the time), the federal laws allow some exceptions. However, the property owner must still advertise the home for rental or sale in a nondiscriminatory manner.
2) If the landlord lives in a home or apartment building (with four or less units) and decides to rent a room, then the property owner may be exempt from some of the federal laws. At the same time, other local laws and regulations may apply so it is important to investigate and comply.
3) There can be exceptions if the property is owned by a religious organization and the group wants to give preference to persons of the same religion. Even in these cases, the religious organization can not restrict membership on the basis of race, color or national origin.
4) Similar to the exception for religious organizations, a private club may offer lodging to members as a benefit. However, the club still offer membership without regard to race, color, religion or other protected characteristics.
Generally speaking, these exceptions are relatively uncommon and laws prohibiting discriminatory practices apply to the large majority of rental housing.
Know Your Rights
For tenants, it's important to "know your rights" if you fall into one of the protected categories and experience a situation where these laws may apply.
- Rental of Residential Real Estate - If a landlord refuses to rent or otherwise discriminates in the terms or conditions of a rental property, reach out to your local housing authorities with your concerns. For example, a landlord can't tell you a property is unavailable (based on protected characteristics), when it really is.
- Advertising Residential Real Estate - Landlords are not allowed to advertise rental properties in manner that limits rental applications in a discriminatory manner.
- Block Busting - Property owners are not allowed to persuade a person to rent a dwelling by making representations about the present or future possibility of neighbors who may be part of a protected class. Take notice if a landlord is talking about the characteristics of other people who live in the community.
- Real Estate Services - If you're working with a real estate agent, they are not allowed to discriminate in residential real estate sales or rentals.
- Intimidation, Coercion and Threats - Significantly, it is illegal to intimidate, coerce, threaten or interfere with a person in one of the protected classes when trying to rent or living in a rented property.
Under federal law, landlords are also prohibited from discrimination against people with disabilities. Individuals with disabilities have the all the same protections described above, as well as additional protections. Landlords can't ask a person with disabilities (or their co-occupants) questions that they would not ask any other applicant.
For example, a property owner (or their agent) may not ask about the nature or severity of a person’s disability or ask whether that person is capable of living alone. Based on my experience - it is important to not make assumptions or ask questions about a person's abilities -- even if it is well-intentioned, an individual's disability can not be a basis to deny housing. Moreover, the prospective tenant has the ability to request "reasonable accommodations" or "reasonable modifications" when the tenant applies for housing.
These situations can become complicated if the accommodation comes into conflict with other property rules. For example, the homeowners association has a rule forbidding pets in rental properties but the tenant needs a service animal.
In my experience, these situations may also necessitate that the tenant has a designated parking space. “Reasonable modifications” may include the installation of grab bars in a bathroom or modification of a doorway to accommodate a wheelchair.
Every landlord should have basic familiarity with rules that apply in situations where the possible tenant may be pregnant or has children. These rules apply even in situations where someone has part-time custody (or is in the process of getting custody) so it's important to understand what the laws require.
Expecting parents and families with children are also protected from housing discrimination - with two exceptions. If there are designated communities for elderly individuals, then families may not be eligible to rent. For example, if the building or community is occupied solely by people 62 years of age or older and housing in which 80 percent of the units are intended for and occupied by at least one person who is 55 years of age or older, then landlords can limit applications from families with children.
Despite existing protections, I have seen advertising that discriminates against against families with children. For example, landlords shouldn't indicate that rentals are "adults only." In my experience, landlords can create problems when limiting the number of families in a building or steering of families with children to separate buildings or parts of buildings.
In the end, these laws provide very important protections in order to ensure equal access to housing. Basic familiarity with federal, state and local laws can go a long way and, if you have specific questions about your own situation, then contact your local government housing office or an attorney.
