How can I reduce my risk of a fair housing complaint?
To help reduce claims of Fair Housing discrimination, it is important that you understand the federal Fair Housing Act and applicable state, city, and county fair housing laws. You need to set your policies and practices for compliance requirements to the fair housing laws that provide the most anti-discrimination protection to protected classes.
The most common fair housing mistake made by landlords is failure to keep complete detailed property management records, including prospective tenant inquires, application files, and tenant files. The best defense against a Fair Housing claim is being able to produce a set of records that shows consistent nondiscriminatory treatment of every prospect, applicant, and tenant during the filling vacancy process through tenancy and termination.
Also important is written documentation of relevant events in property operations. This should include documentation by date of the rental policies and practices in effect at that time, such as screening criteria, unit vacancies, advertising copy, ad responses, unit showings, rents, deposits, fees, rent specials or incentives. In the event that a complaint is filed by an applicant alleging different conditions or terms were offered, and therefore discriminatory, a landlord must be able to prove his policies and practices were in fact non-discriminatory and standard procedures were followed.
Failure to keep records or having incomplete records can lead to inconsistency in the enforcement of landlord policies, practices and rules. It may be difficult to defend against complaints of discrimination if the landlord has, in fact, selectively applied, or more stringently enforced rules to some tenants than to others.
Key points to remember in complying with Fair Housing laws:
- Rental policies, procedures, and practices must be based upon legitimate, non-discriminatory business factors.
- Policies and procedures should be in writing.
- Policies and procedures must be uniformly and consistently applied.
- Accurate, complete record keeping and documentation of all applicant/tenant matters must be maintained and accessible for review.
- Take any complaint seriously, investigate and resolve accordingly.