Discrimination Laws and Fair Rental Practices
As a landlord, it’s important to understand the laws surrounding fair rental practices. The laws are designed to protect tenants from unlawful discrimination and to ensure that rental property owners abide by the highest standards of ethical behavior. This article will explain what constitutes discrimination laws and how to make sure you’re adhering to fair rental practices.
What are Discrimination Laws?
Discrimination laws are statutes in place to protect tenants from prohibited forms of conduct by landlords. These laws prohibit some forms of discrimination based on seven protected classes; race, sex, religion, national origin, disability, familial status, and color. Discrimination laws are part of the Fair Housing Act (FHA).
What is Protected by Discrimination Laws?
Under discrimination laws, landlords are prohibited from refusing to rent to tenants based on membership in a protected class. This means that a landlord cannot refuse to rent a property because of race, sex, religion, national origin, disability, familial status, or color. Similarly, a landlord cannot advertise a unit as being unavailable to a particular class of tenant.
What is Unlawful Discrimination?
Unlawful discrimination occurs when a landlord discriminates against a tenant based on any of the protected classes mentioned above. This can include refusing to rent a unit to a particular tenant, charging a higher rent, or imposing different terms or conditions on a tenant.
What is Legal Discrimination?
Legal discrimination can occur when a landlord imposes certain rules or regulations that apply to all tenants, regardless of membership in any protected class. This could include banning pets, limitations on the number of occupants in a unit, or having rules regarding noise. As long as the rules are applied equally, they will likely be considered legal.
What is Fair Rental Practices?
Fair rental practices describe the standards landlords should abide by in order to provide a safe and secure rental experience for their tenants. These standards include the prohibition of discrimination based on a protected class, responding to maintenance requests in a timely manner, complying with local and state laws, and providing access to rental agreements in writing.
What is Required for Fair Rental Practices?
Landlords must adhere to certain standards to ensure fair rental practices. These standards include providing tenants with written rental agreements, responding to maintenance requests in a timely manner, abiding by local, state and federal laws, and providing access to important information, such as an emergency contact number and tenant rights. Landlords should also provide proper notice to tenants regarding any changes to rental policies or fees.
What is Prohibited Behaviour?
It is important for landlords to be aware of which behaviours are prohibited under fair rental practices. Prohibited behaviours include any forms of discrimination based on a protected class, including refusing to rent to a tenant or charging a higher rent. Additionally, landlords must not discriminate regarding any reasonable accommodations requested by tenants, such as those required by law for disabilities or religious beliefs. Landlords should also never threaten to evict a tenant or otherwise interfere with tenants’ rights.
What are the Penalties for Violating Discrimination Laws?
Penalties for violating discrimination laws can range from monetary fines to criminal charges. The penalties can be more severe if it is found that the landlord’s actions were intentional and/or if the landlord has been found to have violated the same laws in the past. Penalties can also vary depending on the local jurisdiction.
What is the Fair Housing Council?
The Fair Housing Council (FHC) is an independent nonprofit organization dedicated to promoting and defending the rights of tenants. The FHC works with local, state, and federal agencies to combat housing discrimination and provide guidance to landlords and tenants on matters related to fair housing.
What is the Tenant’s Rights and Responsibilities?
Tenants have certain rights and responsibilities under fair rental practices. Generally, tenants are responsible for the upkeep of the rental unit, paying rent on time, and complying with the terms of the lease. Tenants also have the right to a safe and secure living environment and to be free from any forms of discrimination based on a protected class.
Conclusion
The purpose of discrimination laws is to protect tenants from unlawful discrimination and ensure that rental property owners abide by the highest standards of ethical behavior. It is important for landlords to be aware of these laws and regulations and to understand their responsibility to adhere to fair rental practices. By taking the necessary steps to ensure compliance with the law, landlords can provide their tenants with a safe and secure living environment.