In Practice
If you want the plain version of the fair housing act, it is the federal law, Title VIII of the Civil Rights Act of 1968, that bans housing discrimination based on race, color, religion, sex, familial status, national origin and disability. HUD reads sex to include sexual orientation and gender identity. Many states and cities add more protected classes, such as source of income, age, marital status or military status.
Fair housing touches every step of the resident journey: ads, phone calls, tours, applications, screening, lease terms, rent increases, maintenance, rule enforcement and renewals. It applies to everyone on the team, from leasing agents to maintenance techs, and your company can be held responsible for what its people say and do.
Example: a prospect with a young child asks about a quiet building. A safe answer describes the unit, the amenities and the facts, and lets the prospect decide. An answer like 'families usually prefer the other building' is steering, and it is a violation.
The mistake is thinking that good intentions are enough. Violations are often casual comments, uneven rules or inconsistent follow-up, such as quoting a different deposit to two similar applicants. Use the same criteria and the same process every time, put criteria in writing, and keep records. Train every year, not once, and when a situation feels gray, stop and ask your supervisor or counsel before you act. Check your state and city rules, since they can be stricter than federal law.
Not to Be Confused With
Fair housing is the set of laws against housing discrimination. A protected class is one of the characteristics, such as race or disability, those laws cover.
Fair Housing: Common Questions
What are the protected classes under the Fair Housing Act?
Federal law covers race, color, religion, sex, familial status, national origin and disability. States and cities often add others, so check local law.
Who has to follow fair housing laws?
Nearly all housing providers, including owners, property managers, leasing agents and maintenance staff, along with lenders and advertisers. A few narrow exemptions exist, and they rarely apply to apartment communities.
What is the difference between fair housing and equal opportunity housing?
Fair housing is the body of law. The Equal Housing Opportunity logo is the symbol that shows a business commits to following it, and it is commonly placed on ads and in leasing offices.
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