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The Fair Housing Act (FHA) is a federal law that was enacted in 1968 with the goal of ending discrimination in the housing industry. The law prohibits discrimination on the basis of race, color, national origin, religion, sex, familial status, and disability. As a landlord or property manager, it’s important to understand the requirements of the FHA to ensure that you’re in compliance and avoid potential legal issues. For Listing 2 Leasing it’s essential that all our clients work in accordance with the law, in this blog we’ll discuss the essentials that you need to know about the Fair Housing Act.
1. Prohibited Discrimination
The Fair Housing Act prohibits discrimination in all aspects of the housing industry, including advertising, rental agreements, and the provision of housing-related services. Discrimination can take many forms, including:
- Refusing to rent or sell a property to an individual based on their protected characteristics.
- Charging higher rents or security deposits to individuals based on their protected characteristics.
- Refusing to make reasonable accommodations for individuals with disabilities.
- Providing different terms or conditions of housing based on an individual’s protected characteristics.
- Failing to provide housing-related services or facilities to individuals based on their protected characteristics.
2. Exemptions
The Fair Housing Act provides exemptions for certain types of housing, such as owner-occupied buildings with four or fewer units, housing operated by religious organizations, and private clubs that limit occupancy to members. However, even these exempt properties may be subject to certain provisions of the FHA.
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3. Enforcement
The Fair Housing Act is enforced by the Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ). Individuals who believe they have been discriminated against can file a complaint with HUD, which will investigate the claim and take appropriate action if a violation is found. In addition, the DOJ may bring a lawsuit against a landlord or property manager who is found to have violated the FHA.
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4. Preventing Discrimination
To prevent discrimination and ensure compliance with the Fair Housing Act, landlords, and property managers should:
- Educate themselves and their staff on fair housing laws and regulations.
- Avoid asking questions about an applicant’s protected characteristics during the tenant screening process.
- Provide equal housing opportunities to all applicants.
- Make reasonable accommodations for individuals with disabilities.
- Keep detailed records of all housing-related activities.
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In conclusion, the Fair Housing Act is an important federal law that prohibits discrimination in the housing industry. As a landlord or property manager, it’s important to understand the requirements of the FHA and ensure that you’re in compliance to avoid potential legal issues. By following the guidelines outlined in this blog post, you can help prevent discrimination and provide equal housing opportunities to all individuals.
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Disclaimer: Articles are for informational and/or entertainment purposes only and are not shared as legal documentation or information. Please contact an attorney in your jurisdiction regarding clarity and confirmation regarding information in any article.
