Define Fair Housing Laws in Real Estate

"A Deep Dive for Real Estate Agents and Appraisers"

Here are a few various scenarios of how an agent or landlord may have violated (or not) fair housing laws.

Scenario 1 - Violation:
A landlord refuses to rent an apartment to a potential tenant because the tenant has a service dog, and the landlord does not want pets in the building. This is a violation of the Fair Housing Laws, as it discriminates against individuals with disabilities who rely on service animals.

Scenario 2 - No Violation:
A landlord has a policy of performing background checks on all potential tenants, and based on the results, decides not to rent to a person with a history of violence and property damage. This is not a violation of Fair Housing Laws, as the decision is based on the potential tenant's past behavior and not on any protected characteristic.

Scenario 3 - Violation:
A real estate agent, when showing homes to a family of a particular race, consistently directs them to neighborhoods where the majority of residents share their race. This is a violation of Fair Housing Laws, as the agent is engaging in racial steering and limiting the family's housing options based on their race.

Scenario 4 - No Violation:
A landlord has a policy of not renting to smokers due to the potential damage that smoking can cause to the property. This policy is applied to all potential tenants regardless of their race, religion, or any other protected characteristic. As long as the policy is consistently applied to all applicants, it is not a violation of Fair Housing Laws.

Scenario 5 - Violation:
A landlord advertises a vacant apartment with the phrase "perfect for a single professional or a married couple." By implying that families with children are not welcome, the landlord is violating Fair Housing Laws, which protect against discrimination based on familial status.

The Fair Housing Act, a federal law in the United States, prohibits discrimination in housing based on the following protected classes:

Race
Color
National Origin
Religion
Sex
Familial Status (including families with children under the age of 18, pregnant women, and people securing custody of children under 18)
Disability

Some states and local jurisdictions have additional fair housing laws that protect other classes, such as sexual orientation, gender identity, age, or source of income. It is essential to be familiar with the specific fair housing laws in your area to ensure compliance with all applicable regulations.