Fair Housing Laws: Private Landlords' Obligations And Compliance

The Fair Housing Act (FHA) is a federal statute that was adopted in 1968 and amended in 1988 to address discriminatory practices related to the sale or rental of housing. The FHA applies to most housing situations, including private landlords, and prohibits discrimination based on race, colour, sex, religion, national origin, disability, or familial status. While the FHA generally doesn't apply to owner-occupied buildings with four or fewer units, single-family homes rented without a broker, religious organisations, or private clubs, landlords must still comply with the law's ban on discriminatory statements and advertising. In addition, if the FHA doesn't apply to a specific property, local or state fair housing laws may still prohibit discrimination and cover a broader range of properties.

Owner-occupied buildings with four or fewer units are exempt from the FHA

The Fair Housing Act (FHA) applies to most housing situations, and landlords need to pay close attention to it. However, there are some exemptions to the FHA, including owner-occupied buildings with four or fewer units. This exemption, commonly known as the Mrs. Murphy exemption, applies when the owner occupies one of the units in a building with two to four units.

This exemption is important to understand for landlords and tenants alike. For landlords, it means that they are not required to follow certain reasonable accommodation requirements, such as permitting assistance animals on their property. For tenants, it means that they may not have the same protections against discrimination when renting in these types of buildings.

It is worth noting that even if a building falls under this exemption, it is still subject to the advertising requirements of the FHA. This means that discriminatory statements, notices, or advertising are prohibited. Additionally, state or local fair housing laws may still apply, and these may prohibit additional forms of discrimination or cover a greater number of properties. For example, in Massachusetts, the state's fair housing law applies to all but owner-occupied, two-family houses.

While the FHA provides exemptions for certain types of housing, it is still illegal to discriminate based on race, color, sex, religion, national origin, disability, or familial status. These are known as "the protected classes," and the FHA was enacted to allow everyone in the community the freedom to choose where they live without facing discrimination.

Religious organisations can limit occupancy or give preferences based on religion

The Fair Housing Act prohibits discrimination in the sale and rental of housing based on a person's religion, among other characteristics. This applies to all housing providers, including private landlords, with 4 or more properties.

However, there are some exemptions to the Fair Housing Act's requirements. One such exemption is for housing operated by organizations and private clubs that limit occupancy to members. For example, fraternity or sorority housing.

Religious organizations that provide housing are generally subject to the Fair Housing Act, with limited exceptions. They may give a preference to persons of the same religion if two conditions are met. Firstly, the housing must be offered for non-commercial purposes. Secondly, the religion cannot discriminate based on race, colour, or national origin. Even with these exceptions, religious organizations that receive federal funds, such as shelters or transitional housing, cannot discriminate based on religion.

In summary, religious organizations can limit occupancy or give preferences based on religion under specific conditions outlined by the Fair Housing Act. These exceptions are narrow and do not permit discrimination based on other protected characteristics.

Private clubs can limit occupancy to club members

The Fair Housing Act is a federal statute that was adopted in 1968 and amended in 1988 to eliminate several previous discriminatory practices related to the sale or rental of housing. The Act prohibits discrimination in most housing transactions based on race, gender, religion, national origin, or colour. It also includes familial status and disability.

While the Fair Housing Act applies to most housing in Idaho, there are some exemptions. For example, the Act does not apply to owner-occupied buildings with no more than four units or single-family housing sold or rented without a broker if the owner does not own more than three such homes.

One of the exemptions to the Fair Housing Act in Idaho is housing operated by private clubs that limit occupancy to members. This includes fraternity and sorority housing. Private clubs, such as yacht clubs, country clubs, and golf clubs, are exclusive spaces that require membership for entry. These clubs often have bylaws or rules that outline membership fees, voting rights, codes of conduct, and rules for using club facilities.

While private clubs offer many benefits, such as shared interests and exclusive amenities, it is important to note that they are still subject to certain laws and regulations. For example, civil rights laws do not apply to private clubs, but they must not discriminate based on race, colour, nationality, etc. to maintain their exemption status. Additionally, private clubs in Texas are subject to specific laws related to the sale, service, and consumption of alcoholic beverages.

Senior housing is exempt from the ban on discrimination against families with children

The Fair Housing Act (FHA) was adopted in 1968 and amended in 1988 to include familial status, which covers families with children under the age of 18, pregnant women, and people in the process of obtaining custody of children under 18, or persons with written permission of the parent or legal guardian. While the FHA prohibits discrimination against these groups, it does provide a limited exemption for "housing for older persons".

This exemption applies to three types of housing facilities or communities: those that are part of a state or federal program specifically designed to assist elderly persons; those intended for and solely occupied by persons 62 years of age or older; and those intended and operated for occupancy by persons 55 years of age or older. To qualify for the "55 or older" exemption, the housing facility or community must meet several requirements, including having at least 80% of units occupied by at least one person aged 55 or older, publishing and adhering to policies demonstrating the intent to operate as "55 or older" housing, and complying with HUD's regulatory requirements for age verification.

The "housing for older persons" exemption does not protect these facilities or communities from liability for discrimination based on race, colour, religion, sex, disability, or national origin. It is important to note that the FHA only applies to providers with four or more properties and is enforced by the US Department of Housing and Urban Development (HUD).

While senior housing may be exempt from the ban on discrimination against families with children, it is still subject to other non-discrimination provisions of the FHA and cannot discriminate against potential tenants based on other protected characteristics.

Discrimination in advertising is prohibited

The prohibition applies to publishers, such as newspapers and directories, as well as to persons and entities who place real estate advertisements in newspapers and on websites. It also applies when the advertisement itself violates the Act, even if the property being advertised is exempt from the Act's provisions. For example, it is illegal to use phrases such as "no children" or "no wheelchairs" in housing advertisements as they indicate discrimination based on familial status and disability, respectively.

The FHA defines "advertisement" broadly, including print and online advertisements, materials such as brochures or applications, television and radio ads, and even speech. All verbal communication that occurs in person or over the phone with a prospective tenant, homebuyer, or borrower is considered a form of advertising.

It is important to note that discriminatory advertisements are not subject to exceptions provided under other sections of the FHA, such as owner-occupied housing or multifamily housing with four or fewer units. All housing is covered by the FHA's prohibition on discriminatory advertising.

As a housing provider, it is your responsibility to know and comply with federal, state, and local laws regarding fair housing. Ignorance of the law is not a legal defense for discrimination. To ensure compliance, basic advertising guidelines suggest focusing on the property and its amenities in rental listing descriptions, rather than on who an ideal renter might be. It is also important to include the fair housing logo and/or the "Equal Housing Opportunity" slogan in all advertising materials.

Frequently asked questions