As a landlord, you must not commit discrimination against current or prospective tenant based on certain protected characteristics. This is according to the Federal Fair Housing Act, which applies to all housing providers including residential landlords regarding fair employment and housing. In today’s blog, we’ll explain the Fair Housing laws, the protected classes, and the key takeaways for California landlords.
What is the Fair Housing Act?
The Federal Fair Housing Act is part of the larger Civil Rights Act of 1968. It aimed at addressing the issue of housing discrimination and creating a more equitable housing market. Aside from renters, the act also applies to players in the housing industry that deal with fair employment and housing, including home buyers and mortgage prospects. The federal act requires that landlords, housing providers, mortgage providers, and home sellers, provide their clients with a fair opportunity based on certain classes and avoid discrimination.
What are the Protected Classes Under the California Fair Housing Act?
The Fair Housing Act requires all states to treat tenants, home buyers, and mortgage applicants fairly based on 7 classes. The classes are: race, color, religion, sex, national origin, disability, and familial status.
The state of California provides further extensions by including other groups in its list of protections. In addition to the 7 protected classes, California fair housing laws prohibit discrimination based on the following classes:
- Source of income
- Age
- Sexual orientation
- Ancestry
- Marital status
- Military or veteran’s status
- Citizenship, immigration status, or primary language
- Gender identity and gender expression
- Arbitrary characteristics
What are Examples of Prohibited Housing Discrimination Practices?
As housing providers in California, the following are examples of illegal housing practices that violate both landlord-tenant laws and fair employment and housing:
Establishing Different Screening Procedures Based on Sexual Orientation
Setting different screening criteria for a prospective renter because of their sexual orientation is illegal and counts as discrimination. As a landlord in the state of California , you also cannot make derogatory comments about a tenant’s sexual orientation or advertise a preference for or against residents of a particular sexual orientation.
Denying a Property Tour Based on Marital Status
Denying a prospective renter an opportunity to tour your property based on their marital status goes against the Fair Housing Laws and is discrimination. Housing providers also cannot treat a current tenant or their guests unfavorably solely based on their marital status. Other examples of bias and discrimination based on familial status include refusing to lease a unit to unmarried couples or single parents. Or, setting curfews or overnight restrictions for single residents.
Charging Different Security Deposit Amounts Based on Income
It would be illegal to charge a higher security deposit to tenants because of their source of income. It would also be discriminatory to set income requirements artificially high to exclude applicants who receive public benefits.
Setting Different Terms Based on a Tenant’s Age
Setting different rental terms for tenants because of their age. Another example of age-related discrimination is refusing to lease a unit to someone because they are over 40. Or, using discriminatory language in your rental ad like, “dynamic community for young adults.”
Refusing to Rent a Space Based on a Persons Sex
Setting different rent prices for tenants because of their sex. You cannot charge more for a rental unit simply because of a tenant’s sex or any other protected class. All lease terms, rent policies, screening procedures and advertisements have to fall in line with the Fair Housing Act.
Additional Examples
Other examples of prohibited discriminative practices in California include the following:
- Refusing to rent out your property to a tenant who passes all screening criteria
- Refusing to provide disabled tenants with reasonable modifications and accommodations for their disability.
- Falsely claiming that your unit isn’t available.
- Steering prospective tenants into specific neighborhoods.
- Threatening or intimidating current or perspective tenants.
- Offering tenants different lease terms and conditions.
- Evicting a tenant based on their protected characteristics rather than for a legitimate reasons like for a lease violation.
Are There Exceptions to the California Fair Housing Act?
Yes. Possible exemptions to the Fair Housing laws include the following:
- Housing designated to persons aged over 55 years.
- Religious organizations that are meant to cater to persons professing the same religion.
- Private clubs that meant to cater to individuals who are members.
- An owner-occupied dwelling, where the owner lives in one unit and rents out other units. Note that there must be less than four units for this exception to apply.
How Can Landlords Avoid Fair Housing Discrimination Complaints?
Housing discrimination complaints can have a devastating effect on a landlord’s reputation. As such, to remain legally compliant and protected, you’ll want to abide by the Fair Housing laws during the advertising and screening process as well as in your day-to-day interactions with the tenant.
The following are some tips to keep in mind when it comes to rental advertising, tenant screening, and a tenant’s disability:
- Use non-discriminatory language when advertising your vacant rental. A prospective tenant shouldn’t see preference or limitation because of their protected class, such as their disability. Focus instead on describing the property, the rent price, lease terms.
- Answer questions honestly. You must show all interested parties available units and provide them equal opportunities, regardless of their disability, marital status, or other protected class.
- Provide disabled tenants with reasonable disability accommodations and disability modifications. Some common disability accommodations and disability modifications include providing an accessible parking spot, allowing service animals even if there’s a “no pet” policy in place, and installing a ramp to make the unit wheelchair accessible.
Bottom Line
There you have it – the basics of the California Fair Housing Act. If you have a question or need expert help in keeping your property legally compliant, look no further than Harper Property Management. We have over a decade of real estate experience and can assist you in all aspects of property management. Get in touch today to learn more about our property management services !
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.
