The Fair Housing Act (FHA) of 1968 is a federal law to ensure fair and equal housing opportunities for everyone across the states. This act was meant to follow up with the Civil Rights Act of 1964 which announced discriminatory actions as a punishable offense. The Civil Rights Act and Fair Housing Act prohibit all sorts of discrimination in the housing industry and workplaces, and also in public spaces such as schools, etc.
Since first enacted in the year 1964, FHA has expanded and evolved, covering wider areas of discrimination and standing against these discriminatory acts.
There are many fair housing mistakes that are common to make but have their consequences. To help you avoid these costly consequences, here is a list of 5 housing mistakes that need to be avoided:
1. Failing to train housing agents
Housing agents and employees are the first people potential tenants will meet, and in most cases the only person they will stay in contact with. That by default makes it very important that these housing agents are well trained not only with the company policies but also with the Fair Housing laws
Remember these agents represent your housing agency and the landlord, so a single unintentionally discriminatory act against the tenants can be held against the landlord and housing agency. HUD-paid testers also encounter housing agents, so there is basically no scope for making mistakes or not being well prepared. Housing agents must join daily fair housing webinars to stay updated and informed of changes in FHA.
2. Giving choice to the maintenance team
Do not give your maintenance team the liberty to choose the service they want to give and the choice to delay the work. Response to the service request from the residents must be taken based on the policies of the agency. It is basically a first-call, first-served method, but urgent repairs take priority as well.
The maintenance team’s choice to deny service, or prioritize one over the other is a discriminatory act and not acceptable under FHA. The consequence could be heavy penalties. So make sure it doesn’t happen.
3. Service animals
Tenants are allowed to carry service animals for emotional support, even if it’s against the community rules. Remember that the law doesn’t prohibit pets and service animals, it’s the community and housing policies. Deniable of service animals is equivalent to breaking the law.
4. Denying applications on discriminatory grounds
Ensure applications and candidates are not rejected on discriminatory grounds such as not fitting the religion of the community, race, color, origin, etc. FHA prohibits all direct and indirect discrimination against protected classes and breaking the FHA law of protection is a punishable offense
5. Familial status discrimination
As per the recent laws enacted, discrimination against the familiar status and counting the number of family members is an unlawful act while renting properties.
Final Words
FHA has strict grounds when it comes to discrimination, and there are many mistakes housing agencies can possibly make if not careful. Keep the mentioned points above in mind to help yourself from falling into the legal pitfall for unintentional discrimination.
