Florida Fair Housing Act: An Overview

One legal requirement for landlords is complying with the fair housing laws. They apply to a variety of landlords, whether renting out a single unit or a multi-unit residential complex.

In this guide, you’ll learn all the key basics of the Fair Housing Act in Florida, including what you can do as a landlord to protect yourself from potential fair housing complaints.

What Is the Goal of Fair Housing Laws?

The purpose of fair housing laws is to ensure every American has fair and equal access to housing. Fair housing laws not only apply to landlords, but also to other housing providers as well, such as home sellers and mortgage providers.

Before the enactment of the Federal Fair Housing Act in 1968, housing discrimination was rampant across the country. It was common for landlords at the time to discriminate against prospective tenants based on their race, color, and religion.

While there were other attempts at addressing housing discrimination, the Federal Fair Housing Act of 1968 provided the best framework for protecting individuals against discriminatory practices in housing.

The Federal Fair Housing Act is also known as Title VIII of the Civil Rights Act of 1968. It prohibited discrimination in the sale, rental, and financing of housing based on race, religion, nationality, and color. Subsequent amendments over the years added sex, disability, and familial structure to the list of protections.

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Who Oversees Fair Housing in Florida?

The body that investigates fair housing complaints in Florida is the state’s Commission on Human Relations. The following are some of the actions that it deems discriminatory on the part of the landlord:

  • Refusing to rent your unit to a prospective tenant based on one or more of the protected classes.
  • Setting terms in the lease that show bias or favor based on protected classes.
  • Falsely claiming that a unit isn’t available just to avoid renting it to a tenant belonging to a protected class.
  • Using discriminative language when advertising the unit. For instance, suggesting a preference for or against a particular group of tenants.
  • Harassing a tenant because they belong to a particular group.
  • Retaliating against or evicting a tenant because of a protected class, such as race or color.
  • Refusing to address repair or maintenance issues based on a tenant’s protected class.
  • Offering tenants different terms based on which group they belong to.

When renting out your Florida property, these are some of the things that you’ll want to steer clear of doing.

What Does the Fair Housing Act Say About Disabled Tenants?

As already mentioned, disability is one of the protected classes under the Fair Housing Act. In addition to treating the tenant fairly, you must also make sure you abide by the Americans with Disabilities Act.

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The act requires landlords to provide disabled tenants with certain accommodations to that they have equal access to housing. The following are some of those accommodations:

  • Providing the tenant with reasonable accommodation: For instance, allowing the tenant to move in with their service animal even if you have a strict “no pets” policy.
  • Providing the tenant with reasonable modifications: You may have to, for example, install wheelchair ramps, grab bars, lowered countertops, or adapted door hardware.
  • Making changes to the lease agreement: For instance, allow the tenant flexible payment schedules or alternate payment methods.

It’s also important to know which disabilities are covered by the fair housing laws. The mental and physical disabilities covered by the Fair Housing Act include the following:

  • Visual and hearing impairments
  • Mobility impairments
  • Mental illness
  • HIV/AIDS
  • Alcoholism
  • Drug addiction
  • Anything else that might limit a person’s major life activity

How Can Landlords in Florida Ensure They Provide Fair Housing to Tenants?

You’ll want to ensure that everything you do as a landlord aligns perfectly with the applicable fair housing laws. It’s worth noting that fair housing laws apply to different parts of the rental process, from the rental advertising stage, to the screening process, to rental pricing, to security deposits, and everything in between.

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The following are some of the things you’ll want to do to be fair housing compliant:

1. Advertise the Unit Without Using Discriminative Language

It’s every landlord’s dream to rent to a quality tenant who will pay rent, care for the premises, and stay for the entire lease period. In doing so, however, you must make sure you draft a proper rental ad, devoid of any discriminatory language.

When advertising your Florida rental property, instead of saying who your ideal tenant should be, focus on providing detailed info about the property.

2. Answer Every Tenant’s Questions Honestly

When prospective tenants ask questions, make sure you are helpful regardless of the person asking it. If a prospective tenant wants to know about the available units, make sure you show them all the units available.

3. Ask the Right Screening Questions

The questions you ask prospective tenants must be devoid of any discriminative language as per Florida rental laws. To avoid fair housing violations, avoid asking prospective tenants any of the following examples:

  • How many children do you have?
  • Where were you born?
  • Are you disabled?
  • Are you Jewish?
  • Are you pregnant?
  • Are you married?

Any tenant screening question that touches on a tenant’s protected class is a no-no. What’s more, you must ensure that you ask the same set of questions to every applicant.

Conclusion

Knowing the fair housing laws is key for all first-time landlords. Violations can be costly and can harm your relationship with tenants. Working with a property management company is an excellent way to ensure that you are staying compliant with the laws.

If you have a question or would like to work with an experienced property management company, look no further than Ocean Realty & Property Management! Ocean Realty & Property Management can help maximize the ROI of your rental property. 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.