Fair housing laws can feel like a mystery, even if you’ve been renting out property in Visalia for a long time. Part of the reason for that is those laws are always changing. They’re shifting to accommodate additional protected classes, and the courts are always interpreting what the laws mean and how they should be applied in new ways.
Laws evolve, and as a real estate investor and rental property owner, you need to keep up. Otherwise, you could find yourself making some legal mistakes that are detrimental not only to your earnings, but also your reputation. No one wants to pay $16,000 or more for a fair housing violation. No one wants to be known as the landlord who was suspected of discrimination.
State and federal fair housing laws provide equal access to housing for all California residents.
As experienced Visalia property managers, we are constantly increasing what we know about fair housing requirements and best practices. The California Department of Real Estate requires ongoing training around fair housing issues, and we go beyond the minimum requirements to ensure we are experts in this area. It helps you, as a property owner, it helps your tenants, and it helps our entire community to support the housing needs of people who live here.
Let’s demystify the fair housing laws for anyone who isn’t as familiar with fair housing as you need to be. Don’t forget that there are always Visalia property management resources available to you. We’re here to provide whatever support you need.
Establishing and Respecting Protected Classes in Fair Housing
At the foundation of all federal and state laws around fair housing are a set of protected classes. The federal Fair Housing Act, which has been around since 1968, establishes seven protected classes, and the state list is much longer.
Federal laws are administered and enforced by the Department of Housing and Urban Development (HUD). They identify the following protected classes:
- Race
- Color
- Religion
- Sex (updated language includes gender identity and sexual orientation here)
- Disability
- National origin
- Familial status
It’s unlawful to discriminate against people based on any of those characteristics. In a practical sense, this means that as a landlord you cannot deny an otherwise qualified application because a tenant has children or was born in another country. You cannot say no to a tenant with a wheelchair and you cannot say you’re renting only to men.
As we mentioned, California goes even further. There are far more protected classes under state fair housing laws than federal. When we’re talking about your fair housing requirements in Visalia, you have all of those seven classes we mentioned above plus:
- Criminal history (non-relevant convictions)
- Primary language
- Ancestry
- Immigration status
- Marital status
- Pregnancy
- Status as a victim of domestic violence or stalking
- Political affiliation
- Age
- Gender identity and gender expression
- Medical condition
- Genetic information
- Military or veteran status
- Source of income
Rental property owners and Visalia property managers must be cautious not to discriminate, consciously or unconsciously, against individuals belonging to these classes. The greatest dangers, which we’ll discuss in detail, come when you’re marketing properties, choosing tenants, setting rental terms, granting privileges, or applying services and rules.
Protect yourself by establishing an objective and consistent process. Keep all of your rental criteria in writing and easily accessible so that tenants know what you’re looking for before they even apply.
You may not realize you’re violating fair housing laws. For example, let’s say you waive a late fee for one tenant but not another. You could be accused of discriminating against the tenant who had to pay the late fee. How can you prove that you’re not? Consistency and documentation is critical.
Common Fair Housing Mysteries in Visalia
As we continue our attempt to demystify fair housing laws in Visalia, we want to talk about some specific areas where property owners struggle. While attention to fair housing is required in all of your leasing, marketing, screening, and management practices, we’ve found that it can be especially easy to make a mistake when you’re advertising your rental home and screening your tenants.
Let’s take a look at some best practices to keep you out of trouble.
- Advertising and Marketing Language
The words and phrases you use in your rental property advertisements online should never separate one group of tenants from another. Don’t show preferences. Don’t call out types of people who may or may not enjoy living in the property. Instead, celebrate the property attributes that would appeal to everyone. Avoid saying your studio apartment would be “great for singles.” Don’t say you’re “looking for Christina tenants.” Marketing should focus on your property’s features, such as large bedrooms, updated kitchens, or fenced yards. Don’t discuss the type of tenant who might appreciate a home. Assumptions are your enemy.
- Fair Housing-Compliant Screening
How can you choose a tenant impartially? It’s easier than you think – simply make sure you’re holding every applicant to the same standards. As Visalia property managers, we have the necessary screening software and technology to ensure that most of our background checking is automated and therefore completely objective. Before you even start screening, establish qualifying rental criteria and provide that criteria to potential tenants before they apply for your property.
- Pets, Service Animals, and Companion Animals
Tenants with disabilities are a protected class, and not only do they have the protections of fair housing laws supporting them, but the Americans with Disabilities Act also supports their rights. What most applies to you about these laws is service and companion animals. You have to allow service animals and companion animals, even if you don’t allow pets. Service animals are easily identified and come with their own paperwork and set of skills. They are almost always dogs. Companion animals, or emotional support animals, aren’t always easy to identify. They could be anything. You’re permitted to ask for documentation from a medical provider, and recent laws require that medical provider to have seen the patient in person and worked with them for a specific period of time. But, you cannot charge a pet fee for service animals. You cannot restrict breeds for companion animals.
- Section 8 Tenant Accessibility
As you now know, source of income is one of those protected classes under state fair housing laws. This means that you cannot refuse an application from a tenant with Section 8 benefits. As long as they meet your qualifying rental criteria, you have to consider them because those housing benefits can be considered income.
How to Make Reasonable Accommodations and Modifications
We discussed service and support animals a bit, and the law sees those animals as accommodations rather than pets. Disability law is one of the fastest growing and most disputed areas of fair housing. Because you cannot discriminate against any tenants based on a physical, emotional, or intellectual disability, you may have to accommodate those tenants in ways that require modifications to your property or policies.
You may have a Visalia tenant who needs modifications in order to comfortably live in your property. The purpose of these accommodations or modifications is to ensure your tenant with a disability can use your property in the same way as a tenant without such disabilities. So, you may be asked to install a wheelchair ramp outside of the front door, or grab bars in the shower. It might mean a dedicated parking space or extra handrails.
Who pays for the accommodations? The resident can be required to pay for them, but as the property owner, you must provide them. Landlords must allow and may be required to make reasonable accommodations for individuals with disabilities. This includes modifications to existing premises, as long as it does not create undue financial and administrative burdens.
Quick Tips for Visalia Rental Property Owners
The first step to compliance is understanding the law. Now that you have a strong overview of what’s required, let’s take a look at how you can stay compliant with fair housing laws in Visalia and throughout California:
- Stay up to date on all fair housing laws. If you do not have the time, resources, or interest in staying up to date on all the latest laws and court rulings, you’ll want to make sure you’re working with a Visalia property manager. There’s just too much risk involved in violating a law.
- Develop non-discriminatory screening processes for tenants and document all of your screening criteria. Provide that criteria to anyone who schedules a showing and considers applying.
- Keep up-to-date records of all tenant correspondence and applications. Digital and paper files are best.
When you understand and follow all of the state and federal laws, renting out your Visalia property is less stressful and risky. We know that it can be tricky to navigate the wide range of laws that come with renting out a property, and we’re here to help. Please don’t hesitate to contact us at The Equity Group. We’re happy to answer any questions about fair housing or anything that pertains to Visalia property management.
