National Fair Housing Alliance Report Shines Light on Fair Housing Patterns, Trends and Challenges

Each year, the National Fair Housing Alliance (NFHA) issues a report based on its collection of housing discrimination data from across the United States in the prior year. Yesterday, the NFHA released its new 2017 Fair Housing Trends Report: The Case for Fair Housing. Highlighting the past year's patterns, trends and challenges, the timely report is a must-read for Fair Housing Month.

The report notes that an estimated four-million-plus instances of housing discrimination occur annually. However, the number of fair housing complaints actually filed in 2016 totaled 28,181, a slight increase from 2015. Disability-based discrimination continued to account for the majority (55%) of all complaints, while race-based discrimination was the second-most common type (19.6%). Overall, fair housing complaints concerning rental transactions continued an upward trend, now accounting for 91.5% of total complaints.

The comprehensive report includes many more findings, data, and thoughtful analysis, including a discussion of fair housing issues with online services such as Facebook and Airbnb. The report also offers recommendations for eliminating housing discrimination, strengthening fair housing enforcement, and expanding access to opportunity.

Read the entire report courtesy of the NFHA.

DOJ Takes Action to Combat Familial Status Discrimination

The U.S. Department of Justice (DOJ) announced recent action against landlords in two unrelated cases involving discrimination based on familial status under the Fair Housing Act:

• June 14, 2016: The court entered a consent order in United States v. Brinson (D. Nev.), requiring Nevada landlords to pay $24,000 in damages to victims and a $12,000 civil penalty to the United States. The complaint (filed July 10, 2015) alleged that the landlords ran advertisements showing a preference against renting to families with children, and that they turned away a family with children who responded to one of the ads. (You can read the consent order here.)

• June 23, 2016: In United States v. Dominic Properties, LLC (D. Minn.), a referral from HUD, the DOJ filed a complaint against Minneapolis, Minnesota, owners and managers for allegedly creating and enforcing rules that restrict children from being in the yard, hallways and other indoor and outdoor common areas of their apartment complex. (You can read the complaint here.)

For more information about familial status discrimination under the Fair Housing Act, see "It's Fair Housing Month... Do You Know Who's Protected Against Familial Status Discrimination?"

Caution: Ignoring Apartment Prospects Because of Their Name or Accent May Be Bad for Business—and Illegal

When landlords engage in profiling with prospective tenants at their properties, they're risking fair housing complaints based on national origin, race, or another protected class. Profiling involves making certain assumptions about prospective tenants based on characteristics they have, and then turning them away as a result.

Profiling interferes with prospective tenants in their search for housing while creating risks for landlords. To prevent problems, learn more about the types of profiling and how to avoid it by checking out my recent article for Nolo.com.

Do you know about the Fair Housing Month Sale? Read "Fair Housing Month Sale! $9.99 Fair Housing eBook Only $1.99 (Limited-Time Offer)" for more information.

Fair Housing Month Sale! $9.99 Fair Housing eBook Only $1.99 (Limited-Time Offer)

To celebrate fair housing month, Fair Housing Helper is pleased to offer, for a limited time, the Kindle version of its award-winning compliance training book—complete with professional designation, badge, and personalized certificate—for only $1.99. The Kindle version normally retails for $9.99 (and a paperback version is available for $19.99). Thanks to free Kindle apps, you don't need a Kindle device and can download the book to read on your tablet, smartphone, or even a computer.

Kirkus Reviews calls Fair Housing Helper for Apartment Professionals a "useful, easy-to-read guide for those who want to learn more about complying with U.S. fair housing law," noting that the "book offers plenty of good advice in plain English" and the "quiz format makes learning the law fun and easy to digest."

Discover the answers to these questions and more:

• What phrases should I avoid when advertising my apartments?
• Can I reject applicants who weren't born in the U.S.A.?
• Do I have enough parking spaces for people with disabilities?
• Must I let a tenant keep a cat for his disability?
• Can I require families to put children in separate bedrooms?
• Can I reject prospects with HIV or AIDS for health reasons?
• Should I worry about discriminating against illegal drug users?
• Will I get fined because all my tenants are white?
• Must I rent to families with children at my senior community?
• Will I get into trouble for turning away Section 8 prospects?
• Can I legally reject prospects who are openly gay?
• Do I need to install grab bars in my apartments' bathrooms?
• Can I decorate my common areas for the holidays?

To take advantage of this special limited-time offer, visit Amazon.com today. You can start reading the book immediately after download, and then you'll be on your way to earning your designation as a FairHousingHelper.com Gold Professional (complete with badge and personalized certificate) in no time.

For more information about the book, please visit FairHousingHelper.com.

It's Fair Housing Month... Do You Know How to File a Fair Housing Complaint With HUD?

If you're an apartment prospect or tenant who believes that your landlord or another housing professional has illegally discriminated against you, you may be able to get relief under the Fair Housing Act (FHA) by filing a complaint with the U.S. Department of Housing and Urban Development (HUD). This popular route saves tenants time and money as well as the need to hire an attorney.

Here are the steps you'll need to take if you decide to proceed with filing a complaint against your landlord with HUD.

It's Fair Housing Month... Do You Know When the Fair Housing Act Applies to a Rental Property?

Although the Fair Housing Act (FHA), a federal law, has broad geographic reach, the nation's primary piece of housing discrimination legislation doesn't apply to all rental properties in every situation.

For example, the FHA generally doesn't apply if landlords own and occupy a building with fewer than five apartments. Also, the FHA doesn't apply to most situations where a single-family house is sold or rented without a broker.

Learn more about federal fair housing law exemptions by checking out my recent article for Nolo.com, entitled "Does the Federal Fair Housing Act Apply to Your Rental Property?"

It's Fair Housing Month... When Can an Apartment Rule Legally Single Out Children?

The Fair Housing Act (FHA) protects tenants based on "familial status," which refers to the presence of at least one child under 18. Despite the FHA's protection, it's okay for landlords to single out children in apartment rules if their health or safety is specifically at stake.

As I explain in an article for About.com, you can determine if a rule at your apartment building is in compliance with the FHA by asking yourself two questions.

It's Fair Housing Month... Do You Have the Right to Display Religious Objects in Your Apartment?

For many tenants, making an apartment feel like home means displaying their faith in their decor. But before you place items on a shelf or attach them to your wall, you might wonder if a landlord can restrict which religious objects you choose to display, or even ask you to make your apartment decor appear less religious.

Thanks to the Fair Housing Act (FHA), which applies across the United States, tenants can feel free to include what they wish in their decor, and landlords who try to limit religious displays inside tenants' homes are violating the FHA's ban on religious discrimination.

Learn more about how federal law protects you when it comes to religious decor by checking out my article for About.com, entitled "Your Right to Display Religious Objects in Your Apartment."

Lower Your Fair Housing Risk by Telling Prospects About All Available Apartments

Some landlords don't tell prospects about all the available apartments at their building that fit their search parameters. Very often, it's because the landlords make assumptions about unstated needs or limitations that they believe the prospects have. For example, some landlords assume that a prospect with a noticeable mobility impairment might not be interested in renting an apartment that's far from the elevator or situated on the third floor of a walkup.

Find out why it's always best to tell prospects about all vacancies that match their criteria by checking out the third video from the "Fair Housing Tips in Less Than a Minute" YouTube series.

Are Landlords Required to Take Applicants in the Order They Apply?

Whether you're a landlord or a tenant, you might wonder if accepting qualified applicants out of order amounts to illegal housing discrimination.

The short answer is it could be, but even landlords who don't intend to discriminate risk giving the appearance of doing so through inconsistent screening practices.

Learn more by checking out my guest post on Landlordology.com, entitled "Do I Have to Accept Applicants in the Order They Applied?"

How a Tenant Selection Plan Can Lower Fair Housing Risks

If you're a landlord who doesn't have a written tenant selection plan or if you have one but you and your staff treat it as an internal document, you may be unwittingly increasing your risk of fair housing accusations.

Creating a written tenant selection plan that you share with applicants is a smart idea. Applicants who first learn about your screening criteria from a rejection letter are more likely to question whether discrimination was behind your decision.

Learn more about this by checking out my recent article for Nolo.com, entitled "Avoid Fair Housing Trouble with a Tenant Selection Plan."

It's Fair Housing Month... Can Landlords Ban Pets from Apartments?

One common source of confusion landlords and tenants have is when it comes to the legality of pets at an apartment building. Many landlords wish to bar tenants from keeping any animal in their apartments, while other landlords allow pets but with restrictions.

Is taking such action legal? Are such landlords risking fair housing violations?

Find out what a landlord's responsibility is when it comes to tenants and pets by checking out the fourth video from the "Fair Housing Tips in Less Than a Minute" YouTube series.

It's Fair Housing Month... Do You Know the Basics of Fair Housing Law?

People who become the victim of housing discrimination can suffer a range of problems, most notably financial loss and emotional distress. Although the Fair Housing Act (FHA) is a federal law with a strong enforcement mechanism, many apartment tenants aren't familiar with how the law protects them against discrimination.

This Fair Housing Month, take a moment to become more empowered by getting familiar with your fair housing rights, learning how to spot illegal discrimination, and knowing what your options are for dealing with landlords and others who are infringing on your rights.

Check out my article, entitled "Housing Discrimination Basics" for About.com.

It's Fair Housing Month... Do You Know Which Protected Classes Your State Law Includes?

The Fair Housing Act (FHA) is a federal law that protects tenants across the United States from discrimination based on race, color, religion, national origin, sex, disability, and familial status. But many states, as well as the District of Columbia, have their own fair housing laws that go beyond the FHA, offering protection to many more tenants under a wider range of circumstances.

These states do this by including additional protected classes in their laws, such as age, marital status, military status, sexual orientation, and source of income, for example.

Use this interactive listing I put together of state fair housing laws for About.com as a resource to check if your state has additional protected classes.

It's Fair Housing Month... Do You Know Who's Protected Against Familial Status Discrimination?

A relative latecomer to federal housing discrimination law, "familial status" is a protected class that refers to the presence of at least one child under 18 years old. The goal of including "familial status" in the Fair Housing Act is to give tenants the right not to be turned away from housing or be treated differently just because they have kids.

Familial status sounds straightforward, but there's a bit more to it than meets the eye.

For example...

• Are families with adopted children protected just as much as those with biological children?
• Do parents in a household have to be married?
• Can the owner of a senior housing community legally turn away families with children?
• Are all rules that single out children automatically in violation of federal law?

Find out the answers to these questions and more in my recent Nolo.com article, entitled "Who's Protected Against Familial Status Discrimination?"

It's Fair Housing Month... Have You Watched 'Fair Housing Tips in Less Than a Minute'?

Are you a landlord or property manager in need of some quick guidance on how to comply with fair housing law?

Check out the playlist for the YouTube video series, "Fair Housing Tips In Less Than a Minute," which covers topics ranging from understanding protected classes to banning pets at an apartment.

You can also view each short video individually by following these links:

• Tip #1: Protected Classes
• Tip #2: Singling Out Children
• Tip #3: Telling Prospects About Apartments
• Tip #4: Banning Pets
• Tip #5: Retaliating Against Tenants

Check this blog for announcements of new tips as they're added to the series. Plus, for more helpful information about housing discrimination, visit fairhousingresources.com.

New "Fair Housing Tips in Less Than a Minute" Video Series Offers Quick Compliance Insights for Landlords

Fair Housing Helper is pleased to announce the launch of a new video series aimed at offering landlords, property managers, and other housing professionals quick guidance on how to comply with fair housing law.

The series, entitled "Fair Housing Tips In Less Than a Minute," was launched with five tips, covering topics such as understanding protected classes to banning pets at an apartment.

You can now view the complete "Fair Housing Tips in Less Than a Minute" video series on YouTube.

Check this blog for announcements of new tips as they're added to the series. Plus, for more helpful information about housing discrimination, visit fairhousingresources.com.

Retirement Community Accused of Penalizing Renters for Needing Motorized Wheelchairs

A Virginia retirement community has been hit with a fair housing complaint for allegedly violating the Fair Housing Act's (FHA) ban on discrimination based on disability.

According to a press release issued Wednesday by Housing Opportunities Made Equal of Virginia, Inc. (HOME), the organization filing the complaint, The Towers Retirement Community in Richmond unfairly and illegally places substantial burdens on renters who need to use a motorized wheelchair in connection with a disability.

Specifically, HOME claims that the community requires renters to commit to an additional $1,500 security deposit as well as obtain liability insurance for motorized wheelchairs, essentially making such renters pay for having a disability. Also, renters who use motorized mobility devices are apparently barred from using the community's transportation services—even though they're reportedly required to pay a monthly transportation fee as part of their monthly rent. In addition, HOME alleges that the community requires renters wishing to use a motorized wheelchair to get their disability assessed by the community's staff.

You can access a copy of the HOME press release (issued February 5, 2014) here.

Denver Fair Housing Audit Reveals 'Pervasive' Discrimination

The Denver Metro Fair Housing Center (DMFHC) yesterday released the findings of its audit into fair housing practices, in a report entitled “Access Denied: A Report on Rental Housing Discrimination in the Denver Metro Area.”

The DMFHC's report is based on testing conducted in late 2013, in which white prospects were paired with black or Latino testers, and testers without children were paired with testers with children.

According to the report, apartment hunters are likely to encounter discrimination 91% of the time if they are Latino and 67% of the time if they are black. Also, a bias against families with children was present 73% of the time. DMFHC Executive Director Arturo Alvarado said the audit's “dramatic results" reveal that fair housing compliance "is a pervasive problem in our community and that our public officials must take action now to enforce fair housing laws and publicly condemn housing discrimination.”

Although this audit focused on race, national origin, and familial status, three of the seven protected classes under the Fair Housing Act, the report also cautions against noncompliance with other protected classes under federal as well as state housing discrimination laws.

For example, in its recommendations, the report advises housing providers to implement non-discriminatory policies, noting that:

One example of a policy that is unlawful under state law is an application fee discount offered to married couples only. Because marital status and sexual orientation are protected classes in Colorado, providing a discount to married people that is not available to singles or unmarried couples is an example of discrimination in terms, conditions, or privileges of rental.

You can download the full report here.

Seven Years After Its Enactment, a Local Fair Housing Law Has Its Day in Court

A New York court judge ruled that owners and managers of a Buffalo apartment complex are liable for violating the city's fair housing law banning discrimination based on source of income. At issue was whether a prospective tenant can legally be turned away because she holds housing choice (Section 8) vouchers.

The judge ruled that such action violates the ban because landlords in that city can't base tenancy decisions on where a prospect would get the rent money owed under their lease.

The 2013 ruling is the first for this civil rights ordinance, which was enacted in 2006, according to a report from WNYmedia.net. The court will rule on damages in a separate proceeding.

Should federal law include "source of income" as a protected class? Is it fair for landlords to not have a choice when it comes to housing choice vouchers?

What do you think?

Important to note:

• In addition to cities, many states include protected classes not found in the Fair Housing Act. Check out the "Protected Classes Tool" at fairhousingresources.com to find out the situation in your state.

• As an owner or manager, it's important to get familiar with state and local differences in fair housing law when running a building in a different part of the country. In this case, the apartment complex was owned by absentee owners and managers based in California, according to the report. Learn more compliance tips by reading the new Fair Housing Helper for Apartment Professionals.