Both the federal and state legislatures have enacted statutes to provide for fair housing practices and prohibit housing discrimination. Because the two statutes are substantially similar, they collectively are referred to in the articles that follow as the “Fair Housing Act” or the “FHA.” In addition to the Fair Housing Act, owners and operators must be aware of state laws and local ordinances prohibiting discrimination.

The FHA prohibits disparate treatment discrimination and disparate impact discrimination. Disparate treatment discrimination covers housing decisions made with discriminatory intent or motive. Disparate impact discrimination, however, involves housing practices that disproportionately affect a protected class and are not justified by a legitimate rationale.

Owners and operators must be aware of the protected classifications and the rules and regulations related to these classifications. The classification for disabled applicants and residents is perhaps the most heavily regulated. The federal government has appropriated record levels of funding over the last decade for fair housing enforcement organizations at the state and local level to test (via paid actors’ phone calls and emails) and prosecute housing discrimination. Therefore, understanding these rules is imperative to avoid liability for property managers and owners.

Additionally, in recent years, emotional support animals (ESA’s) have exploded in popularity among residents forcing every staff member at a property to know the law and appropriate verification protocols provided in state statute. Finally, victims of domestic abuse have several federal and state rights and protections that are important to understand for those managing rental housing, which are addressed this section.