The Fair Housing Act (FHA) is a vital law that ensures equal access to housing by prohibiting discrimination based on protected characteristics.
Landlords are required to comply with both federal and state laws, including Washington’s specific fair housing regulations, to avoid legal issues.
This guide by InterWest Properties will provide an overview of the FHA, the protected classes it covers, common violations, and strategies landlords can use to stay compliant.
Understanding these protections is essential for landlords to ensure their rental practices are fair, inclusive, and legally sound. Complying with the landlord tenant laws not only helps avoid legal penalties but also promotes fairness and equality in housing.
Protected Classes Under Fair Housing Laws
Under the Fair Housing Act, certain groups are considered protected classes. This means that individuals belonging to these groups cannot be discriminated against when seeking housing. In Washington, the following characteristics are protected under both federal and state law:
Race and Color
Discrimination based on race or color is strictly prohibited. Landlords cannot refuse to rent to someone, charge higher rents, or impose different terms based on a person’s race or the color of their skin. This applies to all renters, regardless of their ethnicity or background.
National Origin
National origin refers to a person’s country of birth or their ancestry. Landlords cannot discriminate against potential tenants based on their national origin, meaning they cannot refuse to rent or make housing decisions based on the individual’s ethnic background or country of origin.
Religion and Creed
The Fair Housing Act protects individuals from discrimination based on their religion or creed. Landlords must not treat tenants differently or set different rental terms based on religious beliefs.
Gender, Sex, and Domestic Violence
Discrimination based on gender and sex is prohibited under the Fair Housing Act. Additionally, Washington law protects individuals from discrimination due to domestic violence, meaning landlords cannot refuse to rent or penalize tenants who are victims of domestic violence.
Familial Status
Familial status refers to whether a person has children under the age of 18 living with them. Landlords cannot refuse to rent to families with children or set different terms for them solely because they have children.
Disability
Disability discrimination is prohibited under the Fair Housing Act. This includes both physical and mental disabilities.
Landlords must make reasonable accommodations for tenants with disabilities, such as allowing service animals or making adjustments to the unit to meet the tenant’s needs.
Marital Status
In Washington, marital status is a protected characteristic. This means landlords cannot discriminate against tenants based on whether they are single, married, divorced, or separated.
Sexual Orientation
Washington state specifically protects individuals based on their sexual orientation. Landlords cannot refuse to rent to someone because of their sexual preferences or the gender of their partner. This includes discrimination against both heterosexual and LGBTQ+ individuals.
Military or Veteran Status
Landlords in Washington are also prohibited from discriminating against veterans or active military personnel. Military status is a protected class, and discrimination based on someone’s service in the armed forces is illegal. This includes both active-duty service members and veterans.
Common Violations of Fair Housing Laws
While the Fair Housing Act protects individuals from discrimination, it is not uncommon for landlords to unintentionally violate these laws. Common violations include:
- Refusing to Rent: A landlord may refuse to rent to someone based on their race, sex, or disability, which is illegal.
- Different Treatment: Charging higher rents, security deposits, or providing different terms and conditions to tenants based on their protected class is a violation.
- Misleading Advertising: Advertising a rental property in a way that suggests discrimination, such as stating “No children allowed” is prohibited.
- Retaliation: Retaliating against a tenant who has filed a fair housing complaint with the Department of Housing and Urban Development is illegal. For example, increasing rent or evicting a tenant for filing a complaint is unlawful.
The consequences of violating the Fair Housing Act can be severe. Landlords found guilty of discrimination can face penalties, including fines, lawsuits, and damages for emotional distress.
Legal costs can also add up quickly, not to mention the potential damage to your reputation as a landlord.
Avoiding Fair Housing Violations
To ensure you are not violating fair housing laws, there are some best practices you can follow:
- Treat All Applicants Equally: Evaluate all rental applicants based on the same criteria. This includes reviewing their income, rental history, and credit score without considering their race, religion, or other protected characteristics.
- Use Standardized Forms and Lease Agreements: Avoid creating different rental agreements for different tenants. Use the same lease agreement for all tenants to ensure consistency and reduce the risk of discrimination.
- Be Mindful of Advertising: When advertising your rental property, avoid language that could be seen as discriminatory.
- Provide Reasonable Accommodations: If a tenant with a disability requests an accommodation, like installing a grab bar or allowing a service animal, be sure to respond appropriately and make the necessary changes if possible.
By establishing fair policies and practices, landlords can avoid violations and ensure they are providing equal opportunities for all applicants.
Exemptions to Fair Housing Laws
While the Fair Housing Act applies to most housing situations, there are some exemptions. These include:
- Owner-Occupied Housing: If you are renting out a unit in a property where you also live and it has fewer than four units, you may be exempt from some aspects of the Fair Housing Act.
- Single-Family Homes: If you own fewer than three single-family homes and do not use a broker, you may be exempt.
- Housing for Older Adults: Housing that is specifically designed for elderly or disabled residents may be exempt from certain provisions, such as the prohibition against familial status discrimination.
It’s important to understand these exemptions and ensure that your property qualifies before assuming that fair housing laws do not apply to you.
Bottom Line
The Fair Housing Act and Washington’s state fair housing laws are in place to ensure equal treatment for all individuals seeking housing. As a landlord, it is crucial that you understand these laws to avoid potential legal issues and discrimination claims.
InterWest Properties is here to help landlords navigate these regulations. Our team can assist with property management, help ensure compliance with fair housing laws, and provide guidance on best practices.
If you want to ensure your rental business is operating smoothly and in line with the law, contact us today for professional support and assistance.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.