You have the right, as a landlord to decide who lives in your rental. However, there are limits as to why you can exclude someone. Federal, state, and sometimes local laws specify illegal reasons for refusing to rent to a tenant. The Fair Housing Act prohibits discrimination baed on seven protected classes. These seven classes are: race/color, religion, national origin, gender, age, familial status or physical or mental disability. Some local municipalities have other protected classes. Know the law for the area where your rental is located. The reason for the Fair Housing Act is to ensure that landlords do not discriminate against tenants based on any of these protected characteristics.
As a part of finding a new tenant, it is important to keep some details in mind. It is important to treat every prospective tenant the same. For example, all tenants that request an application must be provided with one. Furthermore, all applications that are received, must be processed. Landlords should be sure any advertising materials used are free from discriminatory language. It is important, as a landlord, that you provide reasonable accommodations for tenants with disabilities. Some accommodations can include, but are not limited to allowing a service dog in a place that does not allow pets. Providing an renter with mobility limitations with a designated parking spot close to the rental unit.
Violations of Fair Housing
A landlord does not ever want to be accused of dicrimination. What happens if you violate the Fair Housing Act? There can be legal ramification to you. Landlords that are found guilty of violations can face civil penalties including fines and payments of damages to the person or persons affected by the violation. The new civil penalty amounts apply to violations that occur after 3/17/2023. Under the revised amounts a violator can be assessed a maximum civil penalty of $23,011, for the first violation of the Fair Housing Act. As you can see, violations of the Fair Housing Act is taken seriously.
How to protect yourself?
How do you best protect yourself? Follow a consistent system when finding a tenant will minimize the risk of being accused of discrimination. As a landlord, it is important that you remain informed of the laws and act appropriately. Keep a paper trail of all applications, and other materials for at least three years. Keep notes as to reason for refusal to rent. As an example, credit score was below number allowed. Never deny a rental to a tenant due to the tenants race/color, religion, national origin, gender, age, familial status or physical or mental disability.