The days of Thoroughly Modern Millie style young professional girl’s housing are long past, and yet, property managers for apartments, rental homes and even vacation rentals are still under the impression that they can request to rent to only certain types of people.
A small newspaper in Visalia, CA, called American Classifieds is currently under fire for publishing a number of discriminatory ads for apartment and home rentals. The ads requested only certain types of applicants like those who are, “married couples only” or “families only” or “only single people.” The Fair Housing Council of Central California filed the case in federal court on July 9th, and Council Director M.J. Borelli commented that there seems to be a rise in discrimination against families with children in the Central Valley.
While in this case it is the newspaper and not the landlords being accused of discrimination, as a landlord or property manager, there are a number of steps you should take to avoid violating fair housing laws. Even restrictions for people’s safety like, “no children in the pool after 8 p.m.” can be viewed as discriminatory due to the language. It is important that when advertising or going through the rental process, you are fair, unbiased and provide the same opportunity to all potential tenants.
Here’s a brief refresher of tips to avoid violating fair housing laws in print throughout the rental process.
1. Avoid requests in rental listings – particularly about desired tenants. Ads that have language like “female renters only,” “no more than two residents,” or “adult community only” can all land you in hot water fast. If your concerns are about occupancy, in 1996, a law was passed based on a HUD memo stating that a “2 person per bedroom occupancy” was the average standard for rental properties. While this is not rule written in stone, it is a good baseline when gauging how many occupants your unit can safely hold.
2. Make your rental listings about the property, not the prospective tenants - whether it’s a great location or a collection of first rate amenities, be sure when you advertise you aren’t inadvertently excluding people. Don’t advertise, “great for active young professionals” but instead list, “workout facilities, business center, and recreational clubhouse.” Even avoid words like “private” or “safe” as it can imply discrimination against certain groups of people.
3. Double check language and questions in rental applications – it is perfectly reasonable to have rental requirements like checking employment and rental history and having minimum requirements for salary, credit score and the like, but be careful that you are not overstepping your bounds in your documents. Clearly outline your expectations and fair housing rationale in your application, and once you’ve stated your policy, stick to it.
4. Standardize your paperwork – this may seem like a given, but there’s no harm in having a written page of interview questions as well as a single rental application and community rules to ensure you avoid any sticky fair housing situations. Do not use multiple types of applications or backgrounds checks regardless of what’s easier or cost effective. By using the same paperwork for each prospective tenant, it ensures that none of them feel like they are being treated differently.
5. Make your community rules generic – again, be careful of the language. Even simple rules that seem harmless in apartment property management like, “adult pool hours” can be deemed discriminatory against children. Instead, concentrate on safety, fairness, and making sure rules are directed towards to all residents living as tenants in your building or complex.
Whether in advertising, renting, or regulating the safety and harmony of your tenants, it is important to be vigilant of anything that can be deemed discriminatory in your paperwork or practices.
