Vacation Rentals: Fair Housing Laws And Their Applicability

do fair housing laws apply to vacation rentals

The Fair Housing Act (FHA) protects tenants and homebuyers from housing discrimination across the US, including all 50 states, Washington, D.C., and US territories. However, there are some exemptions to the FHA, including owner-occupied buildings with four or fewer units, single-family homes rented without a broker, religious organizations, and private clubs. Generally, the FHA doesn't apply to transient housing like short-term rentals, but other factors such as the number of units and how the space is used can come into play. While chances are that your vacation rental may be exempt from the FHA, it's important to consider these factors and review applicable laws at the federal, state, and local levels to ensure compliance and avoid legal issues.

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The Fair Housing Act (FHA) and its exemptions

The Fair Housing Act (FHA) prohibits discrimination in housing because of race, colour, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin. The FHA covers most housing, including private housing, public housing, and housing that receives federal funding. However, there are some exemptions to the FHA.

The Act exempts owner-occupied buildings with no more than four units, single-family houses rented or sold by the owner without the use of an agent, and housing operated by religious organisations and private clubs that limit occupancy to members. Additionally, the FHA does not typically apply to transient housing like short-term rentals. However, other factors such as the number of units and how the space is used can come into play.

In the context of vacation rentals, it is essential to consider the size of the business and the length of stay offered. Generally, if a rental property has five or fewer rooms available and is typically owner-occupied, it is likely exempt from the FHA. However, it may be considered a "place of lodging" and legally required to provide accessibility accommodations if it offers short-term rentals of "guest rooms for sleeping" for bookings of 30 days or less, where the renter does not have the right to return to a specific room after their stay.

Furthermore, if the business operations resemble those of a hotel, motel, or inn, with services such as on-site management, reservations, housekeeping, or linen service, it may not be exempt. These factors can indicate that the property functions as a "place of lodging" and is subject to the FHA.

It is important to note that even if the individual units within a vacation rental property are exempt from the FHA, the larger property may not be. Common areas that are not for the exclusive use of guests, such as game rooms, public washrooms, or parking lots, may be considered publicly accessible. As a result, these areas may need to be altered to meet ADA requirements, including the addition of ramps and widened doorways.

In conclusion, while the FHA provides important protections against discrimination in housing, there are specific exemptions for certain types of housing situations, including some vacation rentals. However, it is crucial to carefully consider all relevant factors and seek legal advice to determine whether a specific vacation rental property is exempt from the FHA.

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The Americans with Disabilities Act (ADA) and its requirements

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas of public life. This includes employment, transportation, public accommodations, communications, and access to state and local government programs and services.

In addition to the above, the ADA also establishes requirements for service animals and website accessibility. It is important to note that the applicability of the ADA to vacation rentals may vary on a case-by-case basis, depending on factors such as the size of the business and the length of stay.

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Service animals and your pet policy

Service animals are not pets, and hosts are required by law to accommodate guests with service animals. However, it is important to note that emotional support, therapy, comfort or companion animals are not considered service animals and are therefore not covered under the Americans with Disabilities Act (ADA). Service animals are defined by the ADA as dogs that have been "individually trained to do work or perform tasks for a person with a disability".

Hosts can only ask guests two questions to determine if their animal is a service animal:

  • Is the dog a service animal required because of a disability?
  • What work or task has the dog been trained to perform?

Hosts cannot request documentation for the animal or ask that the dog demonstrate the task it has been trained to perform. It is also not permissible to inquire about the nature of the guest's disability.

While service animals are generally allowed in places of public accommodation, such as hotels, motels, and inns, vacation rentals may be exempt from the ADA. This is because vacation rentals typically do not have rooms available on a walk-in or call-in basis, nor do they accept reservations without guaranteeing a specific room until check-in.

However, it is important to note that the Fair Housing Act (FHA) also plays a role in the discussion of service animals and vacation rentals. The FHA makes it illegal to discriminate against disabilities in housing and is intended to protect individuals with disabilities. While the FHA does not explicitly cover short-term rentals, it is still important for hosts to be aware of this legislation and how it may impact their business.

In terms of specific policies, platforms like Airbnb and Vrbo have their own rules and requirements regarding service animals. Airbnb, for example, requires hosts to reasonably accommodate reservations with service animals, even if the listing has a no-pet policy. Vrbo also requires property owners and managers to accommodate travellers with service animals, regardless of the house rules concerning animals.

It is important to remember that service animals are highly trained and it is unlikely that they will cause damage to the property. However, if damage does occur, hosts can charge a fee as long as it is equal to the damage fees charged to other guests. Additionally, hosts cannot charge a pet fee or increase the security deposit amount for service animals.

When creating a pet policy for your vacation rental, it is crucial to consider the legal requirements regarding service animals and to provide potential guests with the information they need to make an informed decision about their accommodation.

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Local and state fair housing laws

At the federal level, the FHA prohibits discrimination in housing transactions based on an individual's protected characteristics, such as race, colour, national origin, religion, sex, familial status, and disability. This applies to both public and privately-owned dwellings and covers a range of housing-related activities, including renting, buying, mortgage lending, and housing assistance. The FHA is enforced by the US Department of Housing and Urban Development (HUD) and the US Department of Justice (DOJ), which handle complaints and civil suits filed under the Act.

State fair housing laws build upon the FHA by including additional protected characteristics. For example, some states prohibit housing discrimination based on age, gender identity, sexual orientation, lawful source of income, or marital status. These state laws regulate the specific protected classes, the types of discriminatory actions prohibited, and any exemptions that may apply. By expanding the scope of protected characteristics, state fair housing laws provide more comprehensive protection against discrimination.

Municipalities also play a significant role in enforcing fair housing practices. Local governments are prohibited from exercising their land use and zoning powers in a discriminatory manner. They are required to study and address any impediments to fair housing within their jurisdictions. Additionally, municipalities may have their own unique regulations and requirements for short-term vacation rentals, such as transient occupancy taxes, minimum rental periods, zoning ordinances, and licensing requirements. These local laws can vary greatly from one area to another, so it is essential for landlords and property owners to familiarise themselves with the specific regulations in their community.

While the FHA generally does not apply to transient housing like short-term rentals, there may be cases where it comes into play. For instance, if a short-term rental property has five or more rooms available and is not typically occupied by the owner, it may be considered a "place of lodging" and required to provide accessibility accommodations under the Americans with Disabilities Act (ADA). Therefore, it is important for owners and property managers of vacation rentals to be aware of how laws at all levels of government could apply to their business and take steps to ensure compliance.

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Discrimination in vacation rentals

While the Fair Housing Act (FHA) provides protections against discrimination in housing, its application to vacation rentals has been a subject of debate and legal interpretation. The FHA of 1968, as amended, prohibits discrimination in the sale, rental, and financing of dwellings based on race, colour, national origin, religion, sex, familial status, and disability. However, there are exemptions for owner-occupied buildings with four or fewer units and single-family houses sold or rented without the use of a broker.

So, do fair housing laws apply to vacation rentals? The answer is complex and depends on various factors, including the specific circumstances, state and local laws, and judicial interpretations. In general, it appears that some anti-discrimination laws do apply to at least some vacation rentals, but the specifics can be nuanced and vary by jurisdiction.

On the one hand, some courts and state laws have interpreted that short-term vacation rentals are not covered by fair housing laws. For example, in some states, it has been argued that vacation rentals are a form of "public accommodation" and thus fall under the

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Frequently asked questions

It depends. The Fair Housing Act (FHA) applies to most but not all types of housing. Generally, it doesn't apply to transient housing like short-term rentals. However, other factors such as the number of units, how the space is used, and the length of stay may also come into play.

The FHA generally doesn't apply to owner-occupied buildings with four or fewer units, single-family homes rented without a broker (as long as the owner doesn't own more than three houses), religious organizations, private clubs, and senior housing.

Yes, if the FHA doesn't apply to your property, there may be local or state fair housing laws that do. For example, while the FHA generally doesn't apply to owner-occupied buildings with four or fewer units, Massachusetts' fair housing law applies to all but owner-occupied, two-family houses.

There are four federal laws that apply to vacation rentals: Title II of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968 or the FHA, the Americans with Disabilities Act (ADA), and Sections 1981 and 1982 of the Civil Rights Act of 1866.

Discrimination in vacation rentals is a concern, especially with the rise of online platforms like Airbnb that connect renters and property owners. While Airbnb has an anti-discrimination policy, it has been criticized for its mandatory arbitration clause, which prevents customers from seeking legal action.

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