| The Fair Housing Act of 1968, as amended, | | | | other groups. For example, California, |
| prohibits discrimination on the basis of | | | | Minnesota, and North Dakota prohibit |
| race, color, religion, nationality, familial | | | | discrimination based on source of income. In |
| status, age, and gender. | | | | other words, a landlord cannot discriminate |
| | | | against would-be tenants who rely on public |
| Many state and local laws also forbid | | | | assistance. |
| discrimination on the basis of sexuality or | | | | |
| source of income, and the Americans with | | | | Putting the political perspective of the |
| Disabilities Act makes it illegal to | | | | landlord aside, such discrimination makes |
| discriminate against the disabled. | | | | very little business sense, since people on |
| | | | welfare or social security are virtually |
| If you harbor any such prejudices and would | | | | assured of a fixed income. |
| allow them to come into play when renting a | | | | |
| housing unit, then you're probably not cut | | | | Some cities make it a crime for a landlord to |
| out to be a landlord. However, many sincere | | | | discriminate against lesbians and gay men. If |
| real estate investors make honest mistakes | | | | you are uncomfortable renting to same-sex |
| that result in discrimination lawsuits. The | | | | couples and you live in a community |
| best way to avoid them is to be informed. | | | | progressive enough to pass ordinances |
| | | | protecting their rights, then you are either |
| The Fair Housing Act (FHA) may appear to be | | | | in the wrong line of work or the wrong town. |
| common sense, and most people would never | | | | There can be little rational argument in |
| think of discriminating against people of | | | | favor of discriminating against same-sex |
| different races or religions, or on the basis | | | | couples in an accepting locale. |
| of gender. | | | | |
| | | | The Americans with Disabilities Act (ADA) |
| However, it is important to note that the FHA | | | | prohibits discrimination against the |
| extends beyond the screening process, and | | | | disabled, and also requires landlords to make |
| into advertising as well. This is where many | | | | reasonable accommodations to disabled |
| landlords and property managers make fatal | | | | tenants. Who decides what's reasonable? |
| mistakes. | | | | Typically, judges, if it comes to that. |
| | | | |
| After all, there are people who scour the | | | | But while most landlords are aware of the ADA |
| classifieds looking for inappropriately | | | | and would never stoop so low as to |
| worded ads so that they can pounce on them | | | | discriminate against a person in a |
| and threaten a lawsuit. While someone must | | | | wheelchair, many are unaware that the ADA |
| have standing to bring suit, these scoundrels | | | | also protects mentally disabled tenants. A |
| often work in coalitions to ensure that all | | | | mental disability could also include |
| of their bases are covered. | | | | recovering alcoholics and drug addicts. |
| | | | |
| For example, if you own a rental property in | | | | The downside of this is that these types of |
| a predominantly Jewish community, its | | | | people are prone to relapse and if they do, |
| proximity to the local synagogue could be a | | | | can cause serious problems for you and other |
| major feature. | | | | tenants. Everyone deserves a second chance, |
| | | | and many recovering addicts go on to be |
| But if your ad says "within walking distance | | | | productive members of society. |
| from the synagogue, you could be sending the | | | | |
| message gentiles need not apply, even though | | | | The ones who are unable to recover typically |
| this wasn't your intent. | | | | have other problems, and thus it is vitally |
| | | | important that you document additional |
| And keep in mind that you may not | | | | reasons for rejecting their rental |
| discriminate on the basis of whether a couple | | | | applications if you decide to do so. |
| is married, whether or not children are to | | | | |
| live in the unit, or on the basis of age. | | | | If you own rental properties in your own |
| | | | name, you are asking for a world of pain - |
| Novice landlords may not be aware of these | | | | it's the equivalent of wearing a giant kick |
| areas of concern, and while it's a good thing | | | | me sign on your back. Instead, own your |
| that citizens are more aware of their rights | | | | properties in corporate, limited partnership, |
| today, it can be a very bad thing for | | | | LLC, or trust form. |
| well-meaning landlords who are out of step | | | | |
| with the times. | | | | That way, even if you are the victim of a |
| | | | discrimination suit, or any other type of |
| State law and local ordinances can extend | | | | judgment, your personal assets may be |
| similar protections granted under the FHA to | | | | protected against the liens of creditors. |