Protected Classes

Federal and State Fair Housing Issues.  The federal Fair Housing Act, prohibits discrimination based on:

Even if well meaning, the leasing agent could be accused of discrimination because she directed or “steered” the couple away from a particular apartment because of their sexual orientation.

Even when you have solid evidence that a resident has violated the lease or your community’s rules, he may try to turn the tables by questioning your motives.

2024 Fair Housing Litigation - Cases of Significance - Single Incident Must Be Egregious to Constitute Hostile Environment Harassment

(First in a series of Six Articles)

Why do landlords need a briefing on fair housing cases? The answer to that question is based on four facts:  

WHAT DOES THE LAW SAY?

Fair housing law generally prohibits discrimination based on familial status, but there’s a limited exception that applies to senior housing communities that qualify as “housing for older persons.” To qualify, senior housing communities must meet strict technical requirements.

Having a one-size-fits-all approach also can lead to fair housing trouble when it has a discriminatory effect on people protected under fair housing law. One example involves occupancy policies: If they’re too restrictive, they can have a discriminatory effect on families with children.

Solution: There are five steps you can take to minimize discrimination risks when dealing with undocumented aliens: 

Legal Risk: “Source of income” discrimination is among the fastest growing areas of fair housing litigation, generating 1,713 complaints in 2022, a year-over-year increase of 39.8 percent, according to the NFHA.

Situation: A Michigan landlord rejected an otherwise qualified African-American applicant after an online check revealed that he had been convicted of a felony in connection with a domestic disturbance four years earlier. While acknowledging the conviction, the applicant insisted that he was fully rehabilitated.