The federal Fair Housing Act is more than 50 years old. It was passed to prevent discrimination in housing, and it has undergone many changes since it was enacted in 1968. In states like California, fair housing laws are even stricter than the original federal statute.
Landlords need to have a good understanding of the fair housing laws as they pertain to rental property. Mistakes are easy to make, and this can be dangerous. A fair housing claim against you can cost more than $10,000.
Sometimes, there’s confusion about what owners and landlords can do and not do when it comes to screening, marketing, and managing their tenant relationships. It’s a touchy subject because fair housing mistakes are extremely expensive for landlords and property owners. If you’re not working with a
Merced property management company that knows the law inside and out, you could be putting yourself at unnecessary risk.
Here are some of the things you need to know about fair housing and how it affects your rental property.
Federal Fair Housing Act: Know the Protected Classes
The federal Fair Housing Law protects the following classes of people against discrimination in rental housing. You cannot discriminate or deny housing based on:
- Race.
- Skin color.
- Religion or creed.
- National origin or ancestry.
- Sex.
- Physical or mental disability.
- Familial status.
We don’t believe that landlords in Merced or anywhere set out to discriminate against classes of tenants intentionally. However, you can make an easy mistake without even realizing it. Maybe you’re advertising your rental property and you say “No Section 8 Tenants.” This is discriminatory. If your marketing materials note that your property is close to a house of worship or potentially dangerous for children, you could be violating fair housing laws.
California Fair Housing Laws
California is a little different when it comes to fair housing. The state has even more protected classes than those listed by federal law. In California, we get into protected classes that cover sexuality, age, veteran’s status, and citizenship as well as the seven protected federal classes.
Protected classes have rights that are easy to misunderstand. For example, a tenant with a disability has the right to move into your home with a service or support animal, even if you don’t allow pets.
Those Section 8 tenants who are qualified have a right to live in your home even if they get their income from a government housing program.
Section 8 Tenants and Fair Housing
Previously, a Merced landlord could designate their property as open to Section 8 tenants or not open to Section 8 tenants. However, the law has changed and now you are not permitted to refuse an application from a tenant who receives housing vouchers and other benefits.
Last year, California passed the Tenant Protection Act, and while it’s mostly known for its rent control and just cause eviction provisions, it also addresses the Section 8 controversy. Landlords are required to allow Section 8 tenants to apply to rent their homes. Those housing vouchers can be used as proof of income.
Fair Housing and Service/Companion/Support Animals
