Fair Housing Compliance

Understanding Fair Housing Laws

The Fair Housing Act of 1968, amended in 1988, establishes federal protections against housing discrimination. This law applies to most housing providers including landlords, property managers, real estate agents, and homeowners associations. Your fair housing compliance checklist must address seven federally protected classes: race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status (families with children under 18), and disability.

The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. Many states and localities add additional protected classes to their fair housing laws. This guide provides a practical fair housing compliance checklist covering advertising, application processes, reasonable accommodations, and screening criteria to help landlords and property managers stay compliant.

State and local fair housing laws often provide additional protections. Common additional protected classes include source of income, age, marital status, sexual orientation (in some jurisdictions), and veteran or military status. Check your state and local laws to ensure your fair housing compliance checklist covers all applicable protected classes in your area.

Violations of fair housing laws result in serious consequences including federal fines up to $21,039 for first violations, civil lawsuits with unlimited compensatory and punitive damages, legal fees and court costs, and damage to your reputation and business. A strong fair housing compliance checklist prevents these costly outcomes.

Advertising Review Checklist

Your rental advertising creates the first impression for potential tenants. Every advertisement must comply with fair housing laws to avoid discriminatory language and ensure equal access to housing opportunities.

Prohibited Language and Descriptions

Your fair housing compliance checklist should flag any language suggesting preference, limitation, or discrimination against protected classes. Never use words or phrases referencing race such as “Caucasian neighborhood” or “diverse community.” Avoid religious references like “near Christian school” or “perfect for church-goers.” Don’t include national origin indicators such as “close to Chinatown” or “English-speaking only.”

Never state familial preferences like “adults only,” “perfect for couples,” or “no children.” Avoid gender-specific language such as “female roommate preferred” unless seeking a roommate for shared living space. Don’t include disability-related statements like “no wheelchairs” or “must be able to climb stairs.” These violations of fair housing laws can result in complaints and legal action.

Acceptable Advertising Practices

Your fair housing compliance checklist should promote inclusive advertising that welcomes all qualified applicants. Describe the property objectively using factual information about features, amenities, location, and rental terms. Use neutral language that doesn’t suggest preferences based on protected classes. Include the equal housing opportunity logo or statement in all advertising materials.

Acceptable descriptions include number of bedrooms and bathrooms, square footage and layout, specific amenities like parking or laundry, proximity to public transportation or schools (without subjective characterization), and rental price and lease terms. Focus on property characteristics rather than ideal tenant descriptions.

Digital Advertising Considerations

Online advertising platforms create additional fair housing compliance considerations. Social media advertising allows targeting based on demographics, which can violate fair housing laws. Your fair housing compliance checklist must ensure that digital ads reach broad audiences without discriminatory targeting.

Don’t use targeting parameters based on protected classes like age, gender, or familial status. Set geographic targeting broadly rather than excluding certain neighborhoods. Use inclusive images showing diverse individuals and families. Review platform settings regularly to ensure compliance with current fair housing requirements. Recent legal settlements have required major platforms to limit housing ad targeting options.

Marketing Materials Review

Include all marketing materials in your fair housing compliance checklist. Brochures, flyers, website content, and signage must comply with fair housing standards. Review materials for discriminatory language or images suggesting preferences. Ensure the equal housing opportunity logo appears on printed materials. Update materials regularly to maintain current fair housing compliance.

Application Process Consistency Checklist

Consistent application processes form the foundation of fair housing compliance. Every applicant must receive identical treatment regardless of protected class membership. Inconsistent procedures create discrimination claims even without discriminatory intent.

Standardized Application Forms

Your fair housing compliance checklist requires identical application forms for all applicants. Use the same form, questions, and application fee for every prospective tenant. Don’t ask questions about protected characteristics unless legally permitted for specific purposes. Application forms should request current contact information, rental history with landlord references, employment and income information, and authorization for background and credit checks.

Never ask about race, color, national origin, or religion. Don’t inquire about familial status, pregnancy, or plans to have children. Avoid questions about disability unless directly related to ability to meet lease obligations. Don’t ask about receipt of public assistance or source of income in jurisdictions protecting these characteristics.

Application Fee Policies

Charge the same application fee to every applicant. Your fair housing compliance checklist must document consistent fee amounts and purposes. Application fees should cover actual costs of screening including credit reports, background checks, and administrative time. Some states limit application fee amounts or require refunds of unused portions.

Never waive fees for some applicants but not others based on protected characteristics. Don’t charge different amounts to different applicants. Provide receipts documenting application fees collected. Comply with state laws regarding application fee limits and disclosure requirements.

Application Processing Procedures

Process all applications in the order received using identical procedures. Your fair housing compliance checklist should document consistent timelines for application review. Review all applications using the same screening criteria applied equally to all applicants. Don’t rush processing for preferred applicants while delaying others.

Communicate with all applicants similarly regarding application status, required documentation, and decision timelines. Provide written explanations for application denials that cite specific, objective reasons. Keep detailed records of all application processing steps and decisions. Documentation protects you if discrimination complaints arise.

Waiting Lists and Tenant Selection

Maintain waiting lists in order of application receipt. Your fair housing compliance checklist requires fair and consistent tenant selection procedures. Don’t bump applicants down waiting lists based on protected characteristics. Select tenants based on objective criteria applied consistently to all applicants.

Document the order in which applications were received. Record reasons for selecting each tenant. Never prioritize certain applicants based on protected class membership. Transparency in tenant selection prevents discrimination claims.

Reasonable Accommodation Policies Checklist

Federal fair housing law requires landlords to make reasonable accommodations for tenants with disabilities. Your fair housing compliance checklist must include clear procedures for handling accommodation requests.

Understanding Accommodation Obligations

Reasonable accommodations are changes to rules, policies, practices, or services that allow persons with disabilities equal opportunity to use and enjoy housing. Your fair housing compliance checklist should recognize common accommodation requests including allowing assistance animals despite no-pet policies, assigning accessible parking spaces close to units, modifying lease terms for disability-related needs, and allowing service or support persons to assist with lease obligations.

You must grant reasonable accommodation requests unless they create undue financial or administrative burden or fundamentally alter the nature of your housing operation. The accommodation must be necessary to afford equal opportunity to use and enjoy the dwelling. Most accommodation requests are reasonable and should be granted.

Accommodation Request Procedures

Establish clear procedures for requesting accommodations in your fair housing compliance checklist. Applicants and tenants can make requests verbally or in writing. While you may request supporting documentation for non-obvious disabilities, you cannot demand medical records or intrusive information. Healthcare providers, social workers, or rehabilitation counselors can verify disability and accommodation necessity.

Respond to accommodation requests promptly, ideally within 10 business days. Engage in an interactive process to understand the disability-related need and explore potential solutions. Grant requests that meet reasonable accommodation criteria. Provide written responses documenting your decision and reasoning.

Assistance Animal Accommodations

Assistance animals represent the most common accommodation request. Your fair housing compliance checklist must distinguish between service animals under the ADA and assistance animals under fair housing law. Fair housing law provides broader protections, covering both service animals and emotional support animals.

You must waive pet fees, deposits, and rent for assistance animals. Don’t require documentation of training or certification. You may request reliable documentation showing disability and disability-related need for the animal. Breed, size, and weight restrictions don’t apply to assistance animals. You can deny requests if the specific animal poses direct threat to health or safety or would cause substantial property damage.

Modification Requests

Reasonable modifications are structural changes to the premises that allow persons with disabilities equal opportunity to use and enjoy housing. Your fair housing compliance checklist should address modification requests including installing grab bars in bathrooms, widening doorways for wheelchair access, adding ramps to entrances, and lowering countertops or cabinets.

Tenants typically pay for modifications at their expense. You may require restoration to original condition at lease end if the modifications would interfere with the next tenant’s use and enjoyment. You cannot refuse reasonable modification requests in rental housing. You may condition approval on reasonable assurances the work will be done professionally and necessary permits obtained.

Screening Criteria Documentation Checklist

Documented screening criteria applied consistently to all applicants provide essential fair housing compliance protection. Your fair housing compliance checklist must include objective, written standards for evaluating applications.

Written Screening Criteria

Create comprehensive written screening criteria before accepting applications. Your fair housing compliance checklist requires documentation of specific standards for income requirements, credit history evaluation, rental history review, criminal background consideration, and employment verification. Written criteria demonstrate consistent application to all applicants.

Income requirements should be based on objective ratios such as monthly income equals 2.5 to 3 times monthly rent. Credit score requirements must specify minimum acceptable scores. Rental history criteria should identify specific grounds for denial like evictions or lease violations. Criminal background policies need careful crafting to avoid disparate impact discrimination.

Income Verification Standards

Apply consistent income verification standards to all applicants. Your fair housing compliance checklist should document acceptable income sources and verification methods. Accept income from employment, self-employment, investments, retirement accounts, and government benefits equally. Don’t discriminate based on source of income in jurisdictions protecting this characteristic.

Verify income through pay stubs, tax returns, bank statements, or benefit award letters. Use the same verification methods for all applicants. Document income verification in application files. Be aware that some jurisdictions prohibit discrimination based on lawful source of income including housing vouchers.

Credit History Evaluation

Evaluate credit history using consistent standards. Your fair housing compliance checklist requires objective credit criteria applied to all applicants. Specify minimum credit scores or specific credit issues that warrant denial. Consider explanations for credit problems and evidence of improved financial responsibility.

Don’t apply different standards based on protected characteristics. Use the same credit report provider for all applicants. Document credit-related reasons for denials specifically. Be aware that blanket credit requirements may have disparate impact on protected classes.

Criminal Background Screening

Criminal background screening requires particular care in your fair housing compliance checklist. The Department of Housing and Urban Development issued guidance warning that blanket criminal history policies may violate fair housing law through disparate impact on protected classes. Criminal history policies should be individualized, consider the nature and severity of criminal conduct, time elapsed since conviction, and evidence of rehabilitation.

Don’t have blanket bans on all criminal history. Consider recent serious violent crimes and drug-related convictions more heavily. Evaluate older, minor convictions individually. Document legitimate business reasons for denials based on criminal history. Be prepared to show your policy doesn’t have unjustified disparate impact on protected classes.

Documentation and Record Keeping

Maintain detailed records of all screening decisions. Your fair housing compliance checklist requires comprehensive documentation showing consistent application of criteria. Keep application forms, screening reports, correspondence with applicants, and written reasons for denials for at least three years. Documentation proves fair housing compliance if complaints arise.

Record the specific criteria that led to approval or denial decisions. Note any accommodations requested and provided. Document all communications with applicants regarding their applications. Organized records demonstrate your commitment to fair housing compliance.

Training and Ongoing Compliance

Fair housing compliance requires ongoing training and attention. Include regular fair housing training in your compliance checklist for all staff involved in rental activities. Update policies and procedures when laws change. Review advertising and application materials periodically for compliance. Conduct self-audits of tenant selection decisions to identify potential disparate treatment or impact.

Stay informed about fair housing developments through industry associations, legal updates, and HUD guidance. Consult with fair housing attorneys when questions arise about specific situations. Document your good faith efforts to comply with fair housing laws. Proactive compliance prevents violations and demonstrates your commitment to fair housing.