As a Santa Rosa landlord, understanding the Fair Housing Act is an important part of successfully renting your property to all qualified tenants. This landmark piece of federal legislation set up protected classes in housing, prohibiting providers, lenders, and other real estate professionals from discriminating against people who want to buy or rent a home.
We’re going to dig deep into some of the details around the Fair Housing Act that Santa Rosa landlords need to know. We’re also going to remind you of this important fact: state fair housing laws in California are far stricter than federal laws. So, while understanding the Fair Housing Act is a great starting point, there’s still a lot you need to know about how California sees potential discrimination in housing.
The Fair Housing Act
The federal Fair Housing Act has been the law of the land for more than five decades. It was passed to prevent discrimination in housing, and it has undergone many changes since it was enacted in 1968.
Landlords need to have a good understanding of the fair housing laws as they pertain to rental property. Mistakes are easy to make, and this can be dangerous. These days, a federal fair housing claim against you can cost more than $16,000.
What you really need to know is who the federally protected classes are. You cannot discriminate or deny housing based on the following:
- Race
- Skin color
- Religion or creed
- National origin or ancestry.
- Sex
- Physical or mental disability
- Familial status
There’s always going to be a new interpretation of these classes or nuance. For example, sex now includes gender expression.
As Santa Rosa property managers, we don’t believe that most landlords in our region are setting out to discriminate against classes of tenants intentionally.
However, you might be surprised at how easy it is to make a mistake and violate this law without even realizing it. Maybe you’re advertising your rental property as not available to Section 8 tenants. This is unlawful and discriminatory. If your marketing materials note that your property is close to a house of worship or potentially dangerous for children, you could be violating fair housing laws.
California’s Fair Housing Laws
California has additional protections in place when it comes to fair housing, taking the state even further into protecting renters against potential discrimination. In California, we have a longer list of protected classes than those on the federal law list. As a landlord in Santa Rosa, you need to understand that protections cover all the federal classes plus:
- Sexual orientation
- Age
- Gender identification
- Gender expression
- Veteran or military status
- Citizenship
- Primary language
- Marital status
- Source of income
- Genetic information
This is a list that’s constantly evolving. Make sure you have a plan in place for staying up to date on all the critical laws that are proposed and passed in California, especially when we’re talking about fair housing. Federal laws are even frequently changed and expanded. If you’re not able to stay up to date, working with us is important. As property managers in Santa Rosa, we’re focused on remaining compliant.
Fair Housing Mistakes in Advertising and Screening
Let’s take a look at some of the most common mistakes.
In our experience, most of the fair housing problems show up when owners aren’t paying attention to the way they market their homes or to the way they screen their tenants. Here’s what you need to know about these important processes.
- Marketing and Advertising Santa Rosa Rental Properties
Marketing and advertising strategies are important when it comes to leasing your home quickly to good tenants. This is how you find and attract potential renters. Your goal is to minimize vacancy times and attract a large pool of potential renters. Cast a wide net. Not only does it welcome more attention from a lot of tenants, but it also protects you from potential discrimination. You don’t want to go looking for tenants of a certain race, and you don’t want to prioritize tenants who speak a certain language.
Fair housing needs to be at the forefront of your mind as you create a listing and share it online.
Every listing should include details such as square footage, number of bedrooms and bathrooms, how much the rent will be, and whether pets are accepted. You’ll talk about all the benefits to your property and give tenants a good reason to schedule a showing.
What you don’t want to do is say the home would be “great for single professionals.” You do not need or want to say it’s close to churches. This type of language can be seen as discriminatory against several of the law’s protected classes.
To avoid all possible complaints and investigations, make sure your advertising remains focused on what the property is and what it has to offer. Don’t make assumptions about who would want to live there, and never talk about the types of tenants you would prefer. When people call to schedule showings, don’t ask questions that violate their rights against discrimination. Never ask if they have children or where they come from. Ask them when they’re planning to move, why they’re planning to move, and what their rental budget is. Those are safer and more relevant questions.
- Screening Tenants for Your Santa Rosa Home
Once you have a lot of people interested in your property, you’ll have to screen them. Complying with fair housing laws can be equally complex during the screening process, especially if you do not have systems in place that ensure the process is fair and objective.
Most landlords get into trouble because they do not have established standard rental criteria. Create a list of what is required from a tenant in order to be approved for your property, and document it in writing. These criteria can be provided to any potential applicant who is interested in renting your home, and then they know whether or not they’re likely to be approved.
When applications begin rolling in, and you have multiple tenants interested in the same property, you’ll want to be vigilant about screening each application against the same requirements. Let’s say you deny one applicant because of a 580 credit score. If you tell that tenant his credit is the reason for your denial but then you ultimately approve a tenant who has a lower credit score, you can be accused of discriminating against the tenant who was denied.
Set up the standards you seek in terms of credit, income, eviction, and rental references. This will make it easy for you to move objectively through the application process. Using technology can help. Talk to us about our screening systems and why it’s inherently impossible to discriminate against one application over another.
Fair Housing and Serving Tenants Who Have Disabilities
Federal and state fair housing laws protect people with disabilities from being discriminated against when they’re renting a home. They also require property owners to make reasonable accommodations to provide an equal enjoyment of the home. Some examples of accommodations include:
- Structural modifications (i.e. shower bars or wheelchair ramps)
- Reserved parking spots closer to a building
- Allowing a service animal in a rental home, even if that home does not allow pets
Lately, a lot of attention has been paid to companion animals. These are not service animals, but they are often needed by tenants who have a disability. The law requires documentation for those animals, unlike service animals. You can ask a tenant who needs an emotional support animal for medical documentation, for example. That letter has to be from a doctor or medical professional who has actually seen and treated your tenant.
Section 8 Tenants and the Leasing Process in Santa Rosa
The Tenant Protection Act was passed in 2019 and went into effect in 2020. This law is best known for statewide rent control and just causes evictions, but there’s also something in it that applies to Section 8 tenants and whether they can apply to rent your property.
Yes, they can.
Those housing vouchers that Section 8 tenants receive can be used as proof of income. It does not matter how tenants make their money when they apply to live in your home. As long as they have the required income that meets your screening criteria, you must consider them.
Previously, landlords could advertise “No Section 8” when marketing properties. That is not the case any longer. You must consider every applicant, regardless of income type.
Fair housing laws can be difficult to navigate, and they change frequently. If you don’t have the time or the resources to stay up to date and compliant, you’ll need to get some professional help from a Santa Rosa property manager to protect yourself and your property.
If you have any questions about the Fair Housing Act or our local laws in California, please contact us at Prestige Real Estate & Property Management. We can keep you compliant. We manage homes in Sonoma County, including Santa Rosa, Windsor, Sebastopol, Petaluma, and Rohnert Park.
