Key Takeaways
Fair Housing Act Protections: The Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability. Arizona follows only these seven federal protected classes.
Landlord Responsibilities Under FHA: Landlords must avoid discriminatory practices in advertising, tenant screening, and property management. All tenants must be treated equally, and reasonable accommodations must be made for disabled renters.
FHA Exemptions: Some properties are exempt from the FHA, such as owner-occupied buildings with four or fewer units and single-family homes rented without a broker. However, discriminatory advertising is still prohibited.
As a landlord in Arizona, you probably know how important it is to stay legally compliant with landlord-tenant law. These help highlight each party’s rights and responsibilities for minimal conflicts or misunderstandings.
Among these landlord-tenant laws is the Fair Housing Act (FHA). These dictate the landlord-tenant relationship on numerous fronts. Including what you can and can’t do when it comes to advertising your rental unit or evicting tenants.
The Fair Housing Act in Arizona applies not only to landlords, but also to other housing providers. They include real estate agents, property management companies, lenders, and homeowner’s insurance companies.
This blog is, however, is specifically intended for rental property owners.
The following are all important basics of the Fair Housing Act in Arizona to know about.
The Fair Housing Act in Arizona
The FHA is a groundbreaking piece of legislation that came as a response to decades of discriminatory behavior in housing. Prior to the act being signed into law in 1968, housing discrimination based on classes, such as race, color, religion, and sex, was commonplace.
But for the first time in American history, a law was enacted that banned housing discrimination based on certain classes. The FHA of 1968 made housing discrimination illegal based on race, color, religion, and nationality.
Other amendments were intermittently added later to include even more protections. Today, every American has a right to fair housing regardless of their race, color, religion, sex, nationality, familial status, and disability.
Arizona, unlike other states, has yet to pass additional legislation to add more protected characteristics, therefore there are only the 7 protected classes within the state.
Common Fair Housing Law Violations
As a landlord, the following are things that could be considered as discrimination towards tenants of a protected group.
Refusing to rent to a certain demographic based on their race, religion, sex, or any other protected group. And this can include how you are advertising the rental unit. For instance, avoid using phrases such as: Ideal for a Latino tenant, Suitable for a Woman, or Single Professionals are Highly Encouraged to Apply.
Treating certain tenants differently. For instance, requiring a disabled tenant with a service animal to pay a pet rent or deposit. Or, responding to repair requests from a Black tenant slowly compared to how you normally do to other tenants.
Asking prospective tenants prohibited questions. It’d be illegal to ask prospective tenants questions that touch on a protected class. For instance: how many children do you have? Are you married? Are you disabled? Where are you originally from?
Failing to provide disabled tenants with certain reasonable accommodations. ‘Disability’ is a protected class under the fair housing laws. In addition, do not deny housing opportunities to disabled tenants. You may also have to make certain changes to the unit to make the disabled tenant’s living conditions easier.
Falsely claiming a unit isn’t available just to lock out a tenant who is of a different race, religion, nationality, or any other protected class.
Charging people belonging to certain protected classes more security deposit, rent, or fees.
Housing That Is Exempt from the Fair Housing Act
The few exemptions to the FHA are as follows:
Buildings with four or fewer units that are occupied by the owner. The owner may choose whatever kind of tenant they want to live in the other units, even if the choosing method may be discriminatory as per the FHA.
A single-family unit that is rented by the owner without using a broker. Again, owners of single-family homes are free to choose whomever to rent to without abiding by the FHA. However, the method of advertising must not contain discriminatory phrases.
Housing operated by private clubs and religious organizations. These are allowed to give preference to their members. However, they cannot engage in any discriminatory practices within the membership.
What Must a Landlord Do to Stay In Legal Compliance with the FHA?
The following are some tips to help you stay legally compliant with the dictates of the fair housing laws.
Consistent Screening Criteria: Treat all prospective tenants equally when evaluating their suitability for your rental. If running credit checks, for instance, make sure that you do the same for all applicants.
Understand Applicable Housing Laws: Fair housing laws apply at the federal, state, and local levels. At the federal level, there are seven protected classes, as previously mentioned, that apply to all U.S. states. The State of Arizona is yet to add more classes, be sure to check your local jurisdiction for additional classes.
Make Reasonable Accommodations: You may need to provide disabled tenants with reasonable accommodations as well. For instance, suspending your ‘no pet’ rule to accommodate their service animal. Note that you cannot charge them a pet rent or deposit for having a service animal.
Bottom Line
To run a successful rental investment in Arizona, you need to get certain basics of the law right. Among other things, you need to ensure that you know what the fair housing laws entail.
Luckily, you’ve found this blog to be resourceful in this endeavor. If you have a question or need expert property management help, look no further than Denman Realty & Property Management. With over 23 years in the business, we can help you realize your investment goals reliably and professionally. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.