{"id":369273,"date":"2016-04-04T10:47:19","date_gmt":"2016-04-04T15:47:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/landlord-tenant-law\/tenants-and-fair-housing.html"},"modified":"2023-09-19T11:36:52","modified_gmt":"2023-09-19T16:36:52","slug":"tenants-and-fair-housing","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/tenants-and-fair-housing.html","title":{"rendered":"Tenants and Fair Housing"},"content":{"rendered":"\n
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Tenants and Fair Housing<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Title VIII of the Civil Rights Act of 1968 of the Fair Housing Act<\/a> bans housing discrimination based on protected characteristics in the rental, sale, or financing of housing. This act aims to ensure all Americans have an equal opportunity to get housing.<\/p>\r\n

While housing providers have the right to screen tenants, they cannot deny a renter for discriminatory reasons. For example, you can ask for proof of income, such as a W2 or a Social Security Disability Insurance (SSDI) letter. You cannot deny a rental application if the potential tenant uses a voucher as a source of income. Asking a prospective tenant to pay a higher security deposit may invite scrutiny if the prospective tenant is a protected class member.<\/p>\r\n

This article explores fair housing laws, fair housing law violations, and possible remedies.<\/p>\r\n

Fair Housing Laws<\/h2>\r\n

Fair housing laws offer prospective tenants protection against discrimination based on protected characteristics. State and local ordinances often include fair housing or anti-discrimination laws.<\/p>\r\n

Federal law offers some exclusions. Religious organizations<\/a> can limit their rental of housing to members of that religion. This exclusion applies to noncommercial housing. Property managers for housing for older persons<\/a> can refuse to rent to families with children.<\/p>\r\n

Protected Classes<\/h3>\r\n

Certain classes of people have historically been denied housing in America based on their membership in a protected class.<\/p>\r\n

Protected classes include the following:<\/p>\r\n