20 Jan Federal Fair Housing Act
The Federal Fair Housing Act was first passed in 1968 to prevent discrimination against people who are looking to rent or buy a home. It has been updated many times since it was first enacted. Currently a landlord cannot discriminate against a tenant on the basis of race, color, national origin, religion, sex, familial status or handicap. These are considered protected classes. Let’s take a look at what this means for Highlands Ranch landlords.
Advertising Your Highlands Ranch Rental Property
When advertising a Highlands Ranch Rental Property, you cannot express a preference for any type of tenant if such a preference falls into one of the seven protected classes. This covers all forms of advertisement including brochures, banners, posters and signs. However, it also covers anything you personally say in writing, over the phone, or even in conversation. This means you cannot say in an advertisement: “no kids” or “must be an American born citizen.” Even stating such things as “great family neighborhood” could be implied as a discrimination against prospective renters or buyers who are single or do not have families.
Some people have interpreted the law in a rather extreme way. As a result, there are false rumors about what you can and can’t say. For example, you could say “kosher meals served on site,” but not “Jewish only apartment complex.” To put it simply, you can say whatever you want as long as you don’t express a preference or discourage people from applying based on the seven protected classes mentioned above. Highlands Ranch Property Management companies like Integrity Realty & Management can help you make sure you’re not breaking any rules with your advertising. A good Highlands Ranch Property Manager knows what it takes to stay in compliance.
The Application Process
The application process should be handled in a similar way. Develop a list of criteria that state what is necessary in order for someone to live in your properties and explain what these criteria mean. Questions on your application shouldn’t ask about the race of an occupant, their religious preferences, or whether they have physical or mental disabilities. You can ask about employment, income, prior evictions, and credit score (or information to perform a credit check). These questions help a landlord know if the client will have the ability to pay each month, and also whether or not they have a history of being a bad tenant, without giving the landlord any information that they could use to make unfair discriminations. Once again, a good Highlands Ranch Property Manager can help you stay in compliance.
Colorado takes it a Step Further
The Colorado Anti-Discrimination Act takes it a step further with the addition of four protected classes. In addition to the seven protected classes under the Federal Fair Housing Act, the Colorado Anti-Discrimination Act also considers creed, ancestry, sexual orientation, marital status as protected classes. Colorado landlords must ensure that they do not discriminate against these additional classes in their advertising, screening, and rental practices.
It’s pretty easy to follow the guidelines set by the Federal Fair Housing Act and Colorado Anti-Discrimination Act. So long as you don’t screen your clients based on things that would be considered generalizations or stereotypes, and specifically don’t discriminate based on any of the protected classes, you should be fine. When in doubt, seek the assistance of a Highlands Ranch Property Manager.
