Fair Housing Compliance
Stay compliant with fair housing laws while protecting your investment property.
8 min read
Understanding Fair Housing
The Fair Housing Act protects people from discrimination when renting or buying a home. As a landlord, understanding these laws isn't optional—violations can result in significant penalties.
Protected Classes
Federal law prohibits discrimination based on: - Race or color - National origin - Religion - Sex (including gender identity and sexual orientation as of recent rulings) - Familial status (families with children under 18) - Disability
Many states and cities add additional protections: - Age - Marital status - Source of income (Section 8, veterans benefits, etc.) - Student status - Political affiliation
What Discrimination Looks Like
Obvious violations: - Refusing to rent to families with children - Steering certain groups to certain buildings - Different terms or conditions for different groups
Subtle violations: - Asking about family planning - Discouraging applications ("You might not like this neighborhood") - Different marketing to different groups - Inconsistent application of policies
How to Stay Compliant
Use consistent criteria: - Write down your tenant criteria BEFORE you start screening - Apply the same standards to every applicant - Document why each applicant was approved or denied
Be careful with your words: - Don't mention protected classes in listings ("perfect for young professionals") - Don't ask about protected characteristics - Don't comment on protected characteristics
Reasonable accommodations: - Allow service animals even with "no pets" policy - Make reasonable modifications for disabilities - Allow flexibility in policies when required for disability
Criminal Background Checks
This area is evolving. Current best practices: - Don't use blanket "no criminal history" policies - Consider the nature of the crime, how long ago it occurred, and relevance to tenancy - Give applicants a chance to explain - Apply standards consistently
Some cities and states restrict how criminal history can be used in housing decisions.
If You're Accused of Discrimination
1. Don't panic—take it seriously but don't overreact 2. Document everything you can about the situation 3. Consult with a fair housing attorney 4. Cooperate with any investigation 5. Review your policies to prevent future issues
Most complaints are resolved through education and policy changes, but violations can result in fines and damages.
Put this guide into action
Varden helps you manage properties, collect rent, and screen tenants—all in one place.