Fair-housing compliance should be built into the rental process before the first applicant calls. Consistent advertising, screening, leasing, communication and accommodation procedures reduce the risk that similar applicants or tenants are treated differently for unlawful reasons.
What the federal Fair Housing Act protects
The U.S. Department of Housing and Urban Development states that the Fair Housing Act prohibits housing discrimination because of:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
These protections apply to many activities connected with renting, buying, mortgages and other housing-related services.
Advertising is part of fair-housing compliance
Rental advertising should describe the property and legitimate tenancy requirements—not the type of person the owner prefers.
Avoid language that directly or indirectly signals a preference or limitation based on a protected characteristic. Use consistent listing language and have a defined approval process for advertising.
Use written screening criteria
Screening is easier to administer fairly when the criteria are written before applications arrive. Define what will be reviewed, how information will be verified and what standards will be applied.
Then apply the same process consistently to similarly situated applicants. Ad hoc exceptions can create both operational problems and compliance risk.
Train everyone who communicates with applicants
Fair-housing problems can arise through casual statements, not only formal policies. Owners, managers, leasing personnel and support staff should know what information they are allowed to provide and when questions need to be escalated.
The Georgia Real Estate Commission also limits the activities unlicensed support personnel may perform in real-estate brokerage operations, including answering certain real-estate questions or negotiating.
Understand reasonable accommodations
HUD explains that housing providers may have obligations to make reasonable accommodations in rules, policies, practices or services when necessary to provide a person with a disability an equal opportunity to use and enjoy a dwelling.
Accommodation requests should be handled through a consistent, documented process. Do not dismiss a request simply because it does not look like a routine leasing issue.
Keep records
Document application criteria, communications, notices, accommodation requests, decisions and the reasons for material actions. Good records help the management team apply policy consistently and reconstruct what happened if a dispute arises later.
Fair housing is an operating system, not a disclaimer
A fair-housing logo or one paragraph in a policy does not replace consistent daily practice. The strongest compliance culture connects:
- Advertising
- Showing procedures
- Application intake
- Screening
- Lease administration
- Maintenance response
- Reasonable accommodations
- Renewals and notices
- Staff training
- Documentation
Coso’s property-management framework
Landlords can use the property-management hub to organize leasing, management and asset-protection questions in one place.
Educational notice: This article is general information, not legal advice or a substitute for a fair-housing attorney or compliance specialist. Federal, state and local requirements can change and may provide additional protections.