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Understanding the Fair Housing Act: A Guide for Landlords in Gardena

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The Fair Housing Act is a crucial piece of legislation that lays the groundwork for fair and equitable treatment in the housing market, and as a landlord in Gardena, it’s essential to be well-versed in its provisions to ensure you’re meeting your legal obligations. You should also know that while The Fair Housing Act is important to know, your understanding of housing laws must not end there. In fact, the state fair housing laws are stricter than the federal laws. 

When it comes to fair housing laws and renting out a home in Gardena, our advice to landlords is always this: be over-cautious. Don’t leave yourself open to any potential complaints or claims. Inexperienced owners and landlords are sometimes unsure about what they can and cannot do when it comes to screening and advertising. 

We’ve put together some guidelines and information based on our Gardena property management experience and expertise, which can help you understand the fair housing laws and what you really need to know.

Understanding the Federal Fair Housing Act 

The Fair Housing Act (FHA) was enacted in 1968 as part of the Civil Rights Act to prevent discrimination in housing-related activities such as renting or selling homes. It prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. This means landlords cannot refuse to rent or sell housing, make housing unavailable, or provide different housing services and facilities based on these protected classes.

It’s an important law. For landlords in Gardena—and across the United States—the Fair Housing Act is not just a legal requirement but a foundation for ethical business practices. Adhering to the FHA promotes equality by ensuring that all potential tenants have equal access to housing opportunities. It reduces your legal risks. Understanding the FHA protects you from potential lawsuits and hefty fines associated with discriminatory practices. Promoting the law is also good for your own reputation and community relations. Your commitment to eliminating discrimination from the rental market builds trust and positive relationships within the community, making your properties more attractive to prospective tenants.

To comply with the Fair Housing Act, landlords in Gardena should be aware of several key provisions:

1.Advertising

All advertising materials for rental properties must be free from discriminatory language. Instead of stating preferences (e.g., “no children” or “ideal for singles”), focus on the features of the property itself.

2.Tenant Selection

Selection criteria should be consistent and applied equally to all applicants. Acceptable criteria include credit history, income level, rental history, and references. Ensure that these criteria are documented and consistently enforced.

3.Reasonable Accommodations

Landlords are required to make reasonable accommodations for tenants with disabilities. This could include allowing service animals in no-pet buildings or installing grab bars in bathrooms. These modifications must be feasible and not impose an undue financial burden.

4.Harassment

Avoid engaging in or allowing any form of harassment based on a tenant’s protected class status. This includes ensuring that your employees and contractors also abide by these standards.

We’ll talk in more detail about advertising and screening, which can make the leasing and management of properties especially tricky for landlords who are unsure of the law. First, let’s take a look at how the state laws go even further.

State Laws: Fair Housing in California

California has additional protections in place when it comes to fair housing, taking the state even further into protecting renters against potential discrimination. 

The state has a longer list of protected classes than the seven that are on the federal law list. In California, we cover all the federal classes plus:

  • Sexual orientation
  • Age
  • Gender identification
  • Gender expression
  • Veteran or military status
  • Citizenship 
  • Primary language
  • Marital status
  • Source of income
  • Genetic information

This is a list that’s constantly evolving. Make sure you have a plan in place for staying up to date on all the critical laws that are proposed and passed in California, especially when we’re talking about fair housing. Federal laws are even frequently changed and expanded. If you’re not able to stay up to date, working with a Gardena property management company is important. You need to remain compliant. 

Fair Housing and Advertising Your Gardena Rental Home

Fair housing violations are more common in listings and advertisements than you may realize.

An aggressive, strategic marketing plan is essential in a market as competitive as ours. With smart advertising, you’ll have an easier time attracting residents to your property. When you’re crafting the description to go with your pictures or writing out a social media post that you hope will be widely shared, you want to be highly descriptive. The idea is to attract a large pool of prospective tenants.

Just remember that any of your listings, marketing materials, and For Rent signs need to comply with fair housing laws. When you’re marketing your rental home, you can include details in your listing that discuss the home’s size, the rental amount, when the home will be ready for occupancy, and whether pets are allowed. You can talk about the renovated kitchen and the fenced backyard.  

You cannot say a home is “Great for single men.” Don’t say it’s “Close to churches.” You cannot advertise that kids or college students are prohibited. 

You also cannot disallow Section 8 tenants because their housing vouchers can be considered income. 

Keep your rental property marketing accessible to everyone who is qualified. Don’t make assumptions about who would want to live there, and never talk about the types of tenants you would prefer. 

Protect Yourself with Consistent Rental Criteria 

And then there’s tenant screening

Put together standard rental criteria. This could be a list of qualifications. Put the criteria in writing and provide it to any potential tenant who is interested in filling out an application. Then, make sure you follow your own standards consistently every time you screen. 

You have to screen each application against the same requirements, otherwise you could be accused of discrimination. Written standards will help you with that consistency, and it will also make your screening process more objective. Set up the standards you seek in terms of: 

  • Credit scores
  • Income requirements
  • Eviction history
  • Positive rental references

Having these criteria in place and providing it to applicants will make it easy for you to move through the application process because you’ll know exactly who is approved and who is not just by looking at the data. You won’t have to make subjective judgments that can put you in fair housing territory.

Keep Your Fair Housing Knowledge Current

Staying up to date with California and federal fair housing laws requires attention to new laws and also to the way that the courts are interpreting fair housing requirements. Recently, state laws have become more specific around service and companion animals.

You know that you cannot deny a tenant a service animal or a companion animal, even if you have a no-pet policy. The law does not see service or support animals as pets. The law sees them as accommodations. 

Not only are you required to accept the qualified tenants and their service or companion animals, you also cannot charge a pet fee, pet deposit, or pet rent. There are some nuances to treating a service animal versus a companion animal. Service animals are trained in specific tasks and they are almost always dogs. Companion animals, however, provide support, therapy, or emotional help to their owners. 

When a tenant has a service animal, you need to allow that animal without any questions. You cannot ask why they need it or demand an explanation of their disability. Companion animals, however, can be questioned carefully. Healthcare providers prescribe them, and you can ask your tenant for a copy of a letter or other documentation from their doctor or provider. New state laws now require that the healthcare provider providing the letter must have seen the tenant as a patient in person. A relationship must be established. This protects landlords in Gardena from tenants who can easily access a letter turning a pet into a support animal. 

Practical Steps for Compliance

Understand Fair Housing LawEducate yourself on fair housing so that you don’t mistakenly violate a rule. Regularly attend workshops or seminars on fair housing laws. Consider online courses or local real estate education providers. Here are a few other things that will protect you from costly mistakes:

  • Develop a Clear Policy. Draft a clear non-discrimination policy and share this with your applicants and tenants. Place reminders of these policies in visible areas, such as on your listing and your rental application.
  • Keep All Documentation. Maintain detailed records of all interactions with prospective and current tenants, including applications, rental agreements, and communication logs.
  • Seek Legal Counsel. When necessary, consult with a lawyer specializing in housing law to review your practices and policies periodically or to address any claims or complaints.
  • Stay Updated. Laws and regulations are always changing. Stay informed about any updates or amendments to local and federal housing laws.

We can help you make sure all of your rental practices are fair housing-compliant. Contact us at Real Property Management Choice, and we’ll answer any questions you have.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.

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