Know The Law: The Florida Fair Housing Act
Both state and federal law recognize the right to buy or rent a home without discrimination. Florida and the U.S. government both have laws known as the Fair Housing Act (FHA and FFHA), both of which guarantee the right to housing without consideration of certain personal characteristics (though the list differs between the state and federal regulations). Unfortunately, this does not prevent landlords and potential landlords from violating the Fair Housing Act(s), whether unintentionally or deliberately; if you are a landlord, it is crucial that you know the FHA and FFHA, lest you get yourself into a difficult situation with a tenant or potential tenant.
Applies To Many Different Characteristics
The federal FHA prohibits discrimination in ‘housing-related matters’ on the basis of race, color, national origin, religion, sex (gender identity and sexual orientation), familial status (that is, whether or not one has children), and disability. Florida’s housing law includes these categories, and adds several more: age, genetic information, citizenship status, and being positive for certain medical conditions, such as HIV/AIDS and sickle-cell. While there are exceptions to some of these – for example, “over 55” communities may discriminate against younger renters, up to a point – these exceptions are rare.
It is important to keep in mind that these regulations apply to all types of housing that are sold, rented, or leased, at least in Florida. Some states exempt special housing developments like transitional homes or boarding houses, but Florida’s law applies to any space that can be commercially acquired. Certain populations, such as those who are HIV positive, have previously endured systematic discrimination even in transitional housing, but the blanket application of the FFHA has helped to decrease instances of such treatment.
Keep It Simple!
In terms of discriminating against tenants and prospective tenants, what many landlords do not realize is that there are many ways to discriminate; one need not slam doors in people’s faces in order to be acting in a discriminatory manner. Some common examples of discriminatory treatment include:
- Raising or lowering rent based on a protected characteristic;
- Deliberately not responding to inquiries from people with certain characteristics;
- Refusing to provide reasonable accommodations to a disabled tenant;
- Tailoring rental ads to subtly (or blatantly!) exclude prospective tenants who have an undesired characteristic; and
- Any behavior creating a higher or lower standard of living for tenants based on protected characteristics.
In general, the best way for a landlord to avoid any kind of discriminatory behavior is to simply stick to the basics. Every situation is different, but for most, a ‘just the facts’ approach will be the quickest and most cautious. If you have a question about a certain specific situation, contacting an attorney may be a good idea.
Call A Tampa Landlord-Tenant Attorney
The goal of most landlords is to have tenants who obey the rules and pay on time – but landlords are not allowed to pick and choose their tenants to a point where they unfairly exclude others. A Tampa landlord-tenant attorney from the Seward Law Office can help get any questions you may have answered. Contact our office today to schedule a consultation.
Source:
hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview
