In  this litigious era when anyone can file a claim, Landlords and Managers must be careful in their advertising. The most obvious reasons relate to Fair Housing Claims. As covered in my previous article “Responding to ICE Inquiries,” familiarity with Federal and State Fair Housing laws is essential.

Federal and State Fair Housing Protected Classes:

• The Federal Fair Housing Act, prohibits discrimination based on: Race; Color; National origin; Religion; Sex; Familial status; Disability.

• The Oregon’s Fair Housing statutes are broader: Race; color; religion; sex; national origin; children, disability (also: source of income, domestic violence survivors, marital status, sexual orientation, and gender identity).

Note:   This revised article (as of 12/12/25) references SB 599 which Oregon passed in May that prohibits vetting applicants (or discriminating against them) based on immigration status. 

Landlords and Managers are now being faced with inquiries/investigations involving their tenant by ICE (U.S. Immigration and Customs Enforcement). This creates a challenge in balancing (a) tenant confidentiality and Fair Housing rights versus (b) compliance with federal immigration laws. The following article is not intended to constitute legal advice. Members should always consult their own attorneys in dealing with specific issues.

Picture this: A gay couple visits your leasing office asking about available one-bedroom apartments. There are two such apartments available but your leasing agent shows the couple only one. She doesn’t mention the other apartment because she wants to keep the couple away from the resident in the neighboring apartment because she’s heard him using gay slurs. Since she’s only trying to protect the couple, her actions don’t violate fair housing law. Right?

Wrong. 

Question:  What happens to the home of a tenant living alone? What protections are in place?