Understanding Fair Housing Laws: A Guide for Landlords

Navigating the rental market as a landlord involves more than collecting rent and maintaining property—it also means complying with critical legal protections for tenants. Chief among these are the Fair Housing Laws, which prohibit discrimination and promote equal opportunity in housing. Whether you’re a seasoned property owner or just starting, understanding these laws is essential to protecting your tenants and business.

What Are Fair Housing Laws?

Fair Housing Laws are federal, state, and local regulations designed to ensure everyone has equal access to housing. The cornerstone of these protections is the Fair Housing Act of 1968, which was passed as part of the Civil Rights Act. This law makes it illegal to discriminate in the sale, rental, or financing of housing based on:

• Race
• Color
• National origin
• Religion
• Sex
• Familial status (e.g., families with children)
• Disability

These are commonly referred to as the “seven protected classes.” Many states and cities expand on these protections by adding categories like sexual orientation, gender identity, source of income, and marital status.

How Discrimination Can Occur

Discrimination doesn’t always look overt. It can happen subtly or unintentionally, making it crucial for landlords to be proactive and informed. Here are a few examples:

• Advertising: Using language like “ideal for single professionals” or “no kids” can be interpreted as discouraging certain groups from applying.
• Tenant Screening: Applying inconsistent criteria to applicants, for example, requiring higher incomes from applicants of a certain race, violates fair housing laws.
• Accessibility: Failing to make reasonable accommodations for tenants with disabilities, such as allowing service animals or permitting minor modifications to the unit, is also a form of discrimination.
• Harassment: The landlord must address any conduct that creates a hostile living environment based on a protected class, even from other tenants.

Reasonable Accommodations and Modifications

Under the Fair Housing Act, landlords are required to make reasonable accommodations for tenants with disabilities. This might include:

• Allowing a service animal even if there’s a no-pet policy
• Assigning a reserved parking spot near the unit
• Permitting a tenant to pay rent via a method they can access

In some cases, tenants may request reasonable modifications, such as installing grab bars in the bathroom or a wheelchair ramp. While tenants typically pay for these changes, landlords must allow them as long as the request is reasonable and does not impose an undue financial burden.

Fair Housing and Tenant Screening

Tenant screening is a crucial part of property management, but it’s also an area where violations can easily occur. Landlords should:

• Use the same screening criteria for every applicant.
• Keep records of all applications and decisions.
• Avoid asking questions that could reveal a person’s membership in a protected class (e.g., “Are you married?” or “Where were you born?”)

Being consistent and transparent in your application process helps protect your business from legal risk and promotes trust with prospective tenants.

Local Fair Housing Laws

Many states and cities have additional housing protections that go beyond federal law. For example:

• Oregon protects the source of income, sexual orientation, and gender identity.
• California adds protections for immigration status and primary language.
• New York City includes lawful occupation and status as a victim of domestic violence.

Landlords must understand the federal and local laws that apply to their rental properties. Ignorance of the law is not a defense in fair housing complaints.

Consequences of Violating Fair Housing Laws

Violations can carry serious consequences, including:

• Fines and penalties
• Damages awarded to the tenant
• Legal fees
• Reputation damage and negative publicity
• Suspension or revocation of rental licenses (in some jurisdictions)

Even unintentional violations can result in costly legal action, so taking these laws seriously is essential.

Best Practices for Landlords

To stay compliant and foster a respectful rental environment, landlords should:

• Educate themselves regularly on fair housing laws
• Use inclusive language in listings and communications
• Implement consistent screening procedures
• Document all decisions related to rental applications
• Respond quickly to accommodation requests
• Train staff or property managers to recognize and prevent discrimination

Contact Us

Fair Housing Laws exist to ensure everyone has the same opportunity to access safe, affordable housing. As a landlord, it’s your responsibility to uphold these principles—not just because it’s the law, but because it fosters a fairer and inclusive community.

By staying informed and intentional, landlords can avoid legal trouble, build trust with tenants, and contribute to a healthier housing market.

Confused about Fair Housing Laws and how they affect your rental business? Let our property management team do the hard work of day-to-day property management for you. Learn more about our services by calling (503) 646-9664 – Talk to a Live Person – Our office answers the phone 9 AM to 5 PM Monday through Friday – or click here to connect with us online.