Fair Housing Act: Know the Laws

As a rental property owner in Tennessee, you have certain responsibilities under the state’s Uniform Residential and Tenant Act. Among these is the strict adherence to the Fair Housing Act.

The Fair Housing Act impacts many facets of the landlord-tenant relationship. Including the following:

• What screening questions you must not ask prospective residents.
• What phrases you must not include in your rental ad.
• How you must enforce the terms of the lease agreement.
• How to handle residents with emotional support animals.
• How to respond to maintenance and repairs.

Violations of this act, whether made intentionally or otherwise, can have severe financial and legal implications. Civil penalties can go as high as $150,000, especially for repeat offenders. Fortunately for you, this blog by Collaborate Real Estate Group LLC – Memphis will provide you with a comprehensive overview of the Fair Housing Act in Memphis, TN.

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Memphis Fair Housing Act: An Overview

What is the Fair Housing Act?

The goal of the Fair Housing Act is to ensure residents get fair housing opportunities regardless of having certain characteristics. Examples of some protected characteristics include race, color, nationality, religion, and familial status. It’s also important to note that the Fair Housing Act doesn’t just apply to landlords only. It also applies to other housing providers, such as mortgage lenders, housing agents, and housing developers.

The act is part of the Civil Rights Act of 1968, and is considered one of the greatest legislative milestones of the civil rights era. It was the then-President, Lyndon B. Johnson, who signed it into law on April 11, 1968. At its signing on April 11th, 1968, the act prohibited discrimination based on only four classes. They were: race, color, sex, and nationality. Later, the act was amended to include further protections: familial status, nationality, and religion.

What is Considered Illegal Discrimination in Memphis, TN?

Some other states have additional protected classes, Tennessee doesn’t protect any others besides race, color, religion, nationality, familial status, sex, and disability.

The state agency that handles housing discrimination in Tennessee is the state’s Human Rights Commission.

The following are some of the behaviors that the commission flags as discriminatory when directed at a member of a protected group:

• Refusing to rent out your Memphis rental property to a resident who is a member of at least one protected class.
• Imposing different terms or conditions for residents belonging to any of the protected classes.
• Showing preference for certain residents who belong to any of the protected classes.
• Implementing blanket policies that exclude certain classes of residents.
• Failing to provide disabled residents with reasonable accommodations.
• Using discriminatory phrases when advertising your vacant rental unit.
• Falsely claiming that your unit isn’t available to a resident belonging to a protected class, but providing it to another.
• Asking prospective residents discriminatory questions.
• Creating rules that target children. For example, stating in the lease that children shouldn’t ride bicycles on the property.
• Evicting a hoarder resident. Per the Fair Housing Act, hoarding is considered a mental or physical disability.
• Not having or applying uniform rules when it comes to handling repairs and maintenance.

What can a Landlord do to Stay Compliant?

As a landlord in Tennessee, you have a legal obligation to adhere to the state’s anti-discrimination law. And as previously mentioned, violations, whether intentional or otherwise, can be quite severe.

To stay compliant with the dictates of the Fair Housing Act, keep the following tips in mind when discharging your landlording duties.

• Use an objective screening criterion and apply it consistently to all applicants.
• Ask the right screening questions that don’t touch on any of the prospective resident’s protected classes.
• Be aware of implicit bias that can impact your landlording decisions.
• Avoid using any phrases that discriminate against any of a resident’s protected classes in the rental ad.
• Honor disabled residents’ reasonable requests for modifications and accommodations.
• Hire a competent property manager to help you stay compliant.

Working with an experienced property manager ensures that your properties remain legally compliant. Their knowledge and know-how can help protect you from legal violations, evictions, vacancies, and more.

Conclusion

To be a successful landlord in Memphis, legal compliance with the state’s anti-discrimination law is essential. Fortunately for you, this blog has provided you with a comprehensive overview of what that entails.

Read Next: Landlord Tenant Rights in Tennessee. Beginners: learn how to navigate landlord-tenant relations like a pro. Pros: check-in and see what's changed with our updated guide to landlord tenant-laws.

For expert property management help in Memphis, look no further than Collaborate Real Estate Group LLC – Memphis . We can help maximize your rental property’s potential with professional, hassle-free solutions. 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.