This community does not discriminate on the basis of race, color, religion, sexual orientation, national origin, gender, disability, or familial status.
We’ve heard the disclaimer, or some variation of it so often it’s become one of those phrases we can recite but rarely think about. When we buy a car, get a loan, or apply for a job, we’re repeatedly assured that business A and lender B do not engage in discrimination. Yet, in the 40 years since the Fair Housing Act gave us the most comprehensive set of rules on what is and isn’t housing discrimination, instances of discrimination certainly haven’t disappeared.
In fact, the U.S. Department of Housing and Urban Development (HUD) estimates that nearly 2 million housing discrimination acts occur each year and a mere one percent are reported. While it’s impossible to know the true numbers, the disparity in discriminatory acts vs. reports is no doubt due in part to the sheer volume of rules and the scope of the definition. These issues can be confusing for landlords and tenants alike, and without careful thought and employee training, fair housing violations can crop up in seemingly innocuous actions and/or conversations. That is to say, discrimination delivered with no intent to offend or violate the law is still discrimination.
Fair housing laws can sometimes be thought of as protections only for vulnerable groups. You may even hear the term “protected classes” on occasion. Yet, in all actuality, fair housing laws are designed to give all individuals equal access to housing in whatever neighborhood they wish to live in, without regard to superficial identifiers like race and gender. Though dealing with the minutiae of fair housing may force more careful speech and business dealings, it’s an idea meant to protect us all.
Ready to test your knowledge on fair housing? Instead of reading about the next discrimination lawsuit, take our test to get your mind moving and make sure tomorrow’s headline isn’t about you.
Q: While walking your property with a young Caucasian family with two school aged children, you casually mention that the schools in the area are fairly “rough”, but that there are several nice private schools just a few minutes away. Is this discriminatory?
A: It could be, yes. Giving a prospective tenant a good or bad review of the local school district based on the tenant’s race and/or the racial profile of the school can be considered racial discrimination (obviously our example would be more blatant if you were to fail to mention the private schools to an African American family on the same tour). Instead of editorializing on the subject, offer neutral, factual statistics on the district’s test scores, teacher student ratio, or percentage of students seeking higher education. Better yet, refer them directly to a contact at the district or school the child(ren) would be attending.
Q: During a particularly busy Monday, you’re feeling rushed and need to get through a tour. You are showing an apartment to a wheelchair-bound young man who likes the handicapped-friendly features (ramps, elevators, etc) your property offers. In a pinch, you decide to skip the tennis courts, swimming pool, and gym even though they are typically the amenities that seal the deal. He’s not going to use them anyway, right? Is this discriminatory?
A: Yes. Often referred to as “steering”, this is essentially the practice of directing a prospect to a specific area, unit, section of your property for purposes–intentionally offensive or not–of segregation. Never make conversation out of conjecture when talking with a prospective tenant, such as suggesting that a senior resident may want to live in the unit farthest away from the one with a two year old living in it. Instead, make all tours equal and keep the focus of conversation not on your other tenants, but on the great housing you have to offer.
Q: The sign near your pool reads: “No Children Under 5″ Is this discriminatory?
A: It can be, yes. We see where you’re going with this. The swimming pool is one monster of a liability, and the last thing you need is a band of unsupervised toddlers taking it over. However, a discrimination lawsuit can be just as bad, and discriminating against families with children is an issue that comes up fairly frequently in courts. Change your sign, but not the meaning, by having it state, “No children under 5 are to use the pool without adult supervision”.
Q: After months of non-payment, tenant complaints, police visits, and at least one serious incident involving property damage, you feel as though you have no choice but to serve a Hispanic family living in your property with an eviction notice. You initiate the process, they vacate willingly, and you are able to repair and rent the property again in two months. Your new tenants are an older Caucasian couple. Is this discriminatory?
A: No. A fair and legitimate eviction means that you have a valid, serious violation in your lease agreement and you’ve taken the same steps with other tenants in the past for the same behaviors. As with all things property management, consistency and documentation will help protect you from legal action. To document a fair and proper eviction and avoid cries of housing discrimination, always keep the following: warning letters/eviction notices, any written complaints by third parties, written logs kept by management with times/dates of violations, police records, and photographs.
For more information on the Fair Housing Act and HUD guidelines, visit their website. Please note as well that many states have laws that mirror the federal rules, and some that go beyond them. Be sure to check with your state on what you need to know to be sure that your property does indeed not discriminate.
Filed under: General Information, Green Building, Links, Mission Statement, Property Maintenance, Property Management Topics, Real Estate Investment, affordable housing, collection, customer satisfaction, customer service, eviction, fair housing, insurance, investment, Landabout, Landlord, lease, lease law, Property, Property Management, real estate management, reduced vacancy, tenant relationships, tenant turnover, wealth creation
