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Once you sign a lease with a tenant in Florida, you’re obligated to certain legal responsibilities. Among these is treating tenants fairly without discrimination based on some protected classes. The Fair Housing Law came about after decades of discrimination in housing.
However, the Fair Housing Act sought to stop such behavior because it had led to economic disparity and other issues among certain groups of people. As a landlord, it’s important to keep in mind the Fair Housing Laws in all aspects of the housing process.
Whether you are advertising the unit, screening prospective tenants, raising rent, or even evicting a tenant. A mistake, whether intentional or otherwise, can end up significantly impacting you. The following are important basics of the Florida Fair Housing Act to know.
What Is the Federal Fair Housing Act?
Passed in 1968, the Fair Housing Act is a crucial piece of legislation. It was designed to protect individuals from being discriminated against based on certain protected classes.
The goal of the FHA was to guarantee every American citizen the right to fair housing access. It made it illegal for landlords, home sellers, and mortgage providers to discriminate against their clients based on certain attributes.
What Classes Are Protected by the Florida Fair Housing Act?
In Florida, protections against landlord discrimination exist at both the federal and state level. The Federal Fair Housing Act was signed into law in 1968. It prohibits discrimination based on 7 characteristics.
They are: race, color, familial status, disability, religion, national origin, and sex. These laws are part of the state’s Civil Rights Act. They define “discriminatory practice" as any practice that is made unlawful by the Florida Civil Rights Act.
What Are Examples of Landlord Actions That Can Be Classified as Discriminatory Under Florida Fair Housing Laws?
As a landlord in Florida, it’s important to familiarize yourself with the state’s fair housing laws to prevent potential discrimination lawsuits. Because, if found guilty, the penalties can be steep.
As per the Florida Commission on Human Relations, you may face the following penalties.
A fine of $16,000 for a first offense.
A fine of $37,500 for a second offense within five years.
A fine of $65,000 for two or more offenses within 7 years.
In addition to these fines, you may also be liable to compensate the tenant for damages, plus their court and attorney fees.
The following are some examples of actions that can be deemed discriminatory as per the Florida Fair Housing Act.
Refusing to rent to someone because of a protected class.
Treating a tenant differently because of their religion, color, race, or other protected class.
Asking tenants discriminatory questions when screening them.
Refusing reasonable accommodations for disabled tenants. For example, denying a disabled tenant the opportunity to rent the property because of their service animal.
Refusing disabled tenants of certain reasonable requests for modification. For example, refusing their reasonable request to install grab bars in the bathroom.
Steering prospective tenants away because of a protected characteristic, such as race, color, or nationality.
Coercing a tenant to forgo a right to fair housing.
Charging higher rents or fees to tenants belonging to certain protected classes.
Harassing a tenant because of a protected class.
What Are Some Exceptions to the Florida Fair Housing Act?
Although the Fair Housing Act applies to most property types, some exceptions do exist. The following are the common exceptions that you should be aware of.
Are you renting out a section of a property you’re occupying? If renting out four or fewer units, you may qualify for an exemption. You’ll have a right to choose tenants preferentially regardless of the aforementioned protected classes. The dwelling, however, must be your primary residence. In other words, you must be sharing the building with the tenants to be exempt. The units you’re renting out must also not exceed four, including the one you’re occupying.
Are you renting out units belonging to a religious or private organization? If so, the rental units would be exempt if renting to members of the organization. However, if you rent them to members of the public, you’d need to keep the fair housing laws in mind.
Are you renting out a single-family home and don’t own more than three such rental homes? If so, and you advertise the units by yourself, you’d be free from following the dictates of the Florida Fair Housing laws.
Are you renting part of your home to an immediate family member? If so, you’d not be subject to following the fair housing laws. Note that this only applies to immediate family, not extended family or unrelated individuals.
What Can Landlords Do to Conform to the Fair Housing Laws?
The following are some of the things you could do to ensure compliance with the anti-discrimination laws.
Understand what protected classes you’re required to abide by.
Have a fair and consistent screening process for all tenants.
Treat all tenants fairly in all your interactions, including in the manner you respond to their inquiries.
Provide disabled tenants with certain reasonable accommodations and modifications.
Hire a property manager like those at SunnySide Properties to help you stay legally compliant.
Conclusion
With all this information at your fingertips, now you know what you can and cannot do when it comes to the Florida Fair Housing laws. Mistakes, whether inadvertent or intentional, can be costly.
If you have a question or need expert property management services in Orlando, FL, SunnySide Properties can help. 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.
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