The Florida Fair Housing Act (FHA) guarantees everyone American the same opportunity in the housing market under Fair Housing laws.
For example, housing companies that do not offer an accessible way into the property or provide reasonable accommodations for disabled persons or any other prohibited practice. Seven protected categories under Fair Housing laws include race, color, national origin as well as disability, religion, sexual orientation, gender, and family status. Several landlords throughout Florida don’t know the consequences that could bring them to Federal Court. Real estate agents have to deal with costly lawsuits for discrimination against housing because they don’t know about the FHA.
Are you a housing service provider, landlord, or homeowner association in California, Texas, New York or Florida, looking to find out how to use the FHA? Here are the top frequently asked questions on the federal laws.
What is the Federal FHA?
The Fair Housing Act seeks to combat any discrimination in housing. It was created to prevent landlords and sellers from discriminating in housing for people who belong to a specific social class.
Each American is guaranteed the same treatment and fairness in all housing-related activities. This includes renting and buying a home along with taking out a mortgage.
What’s the background of the Fair Housing Act?
There are several events before this FHA or Florida commission for human relationships. There was an era when residents had to contend with severe discrimination based on housing problems at the local government at the local level. A strong desire to fight these difficulties led to:
- The Civil Rights movement in the 1960s
- Rumford FHA in 1963. Rumford FHA in 1963
- The Civil Rights Act in 1964
This led to the adoption of the FHA in the year 1968. The FHA was established one week following Martin Luther King Jr.’s assassination. Martin Luther King Jr.
Who is covered by the Florida Fair Housing Act?
This law in the United States protects citizens in seven different classes. The protected classes include race, color, religion, national origin as well as disability, sex and family status.
The term “familial status” comprises pregnant mothers, women who are granted legal custody, and those with children younger than 18 years of age. A 2017 decision by a federal judge stated that gender identity and sexual orientation identities are protected in the FHA. There is a proposal to amend the law to express the principle.
What is this Fair Housing Act aim to do?
It is possible to ask what housing discrimination can look like in real-life scenarios. Check out this list of real-world examples:
- Discriminatory remarks made against an identified class like color, race, national origin, or any other protected classes, in ads for properties
- Refusal to divulge details about a mortgage
- Making different conditions and terms on the mortgage
- Resisting to sell, rent or bargain for housing, or any reasonable modifications
- False claims about the accessibility of housing based on the national origin of a tenant race, ethnicity, or any other protected class
- Invoking various terms and conditions based on the tenant’s class
- Refusal to purchase or make the loan
- Modifying facilities, other environmental controls, and accommodations based on the tenant’s color, race, sexual orientation, religion or any other protected class that aren’t considered reasonable modifications.
There are other possibilities for scenarios. The FHA is trying to protect both tenants and buyers from all these types of discrimination in housing.
Do The Fair Housing Act apply to all?
Not really, but the most significant exemptions in Florida statutes are listed as follows:
- Single-family homes can be sold or rented without the use of brokers
- A house owned by an owner with not more than four apartments to rent
- Private club, or an organization with a membership-only policy
What are the penalties for breaking the FHA?
The penalty is contingent upon how serious the offense is. Simple discrimination violations can result in a fine or imprisonment for up to one year.
What can how is the Fair Housing Act enforced?
The U.S. Department of Housing and Urban Development (HUD) is the one who has oversight for FHA. Anyone who feels that their right was violated could:
- Make a claim through the HUD
- You can file a lawsuit in the federal district court.
There are two methods HUD is able to enforce the FHA:
- They examine all discrimination allegations. If someone files a claim, they assign a team to investigate the problem. After conducting a thorough investigation and weighing the options, they determine the next steps.
- They employ individuals to act as tenants and buyers. This is why sellers and landlords should be aware throughout the day. As a landlord, you should be careful with your advertisements, phone conversations or face-to-face meetings.
How can landlords prevent discrimination?
- Be cautious about what you say both on the phone and in person.
- Examine your rental ads before making them available for publication. Be sure to remove anything that could result in sexual harassment or discrimination charges.
- Set the same standards for every prospective tenant.
- Be respectful to everyone.
- Look up local and state laws to find other classes that are protected.
- Be consistent with your process of screening tenants.
- Be aware of any biases you may be able to have towards your tenants. Do your best to prevent the influence of this bias on your decisions.
Many people believe that you must take the first applicant in. There is still a way to exclude tenants based on criteria that aren’t discriminatory. Examples:
- Insufficient income level
- A conviction for a crime could put other tenants in danger
- Poor credit
The Bottom Line
The FHA combats discrimination in the housing industry. As an owner, you must comply with federal law all the time. The U.S. Department of Housing and Urban Development is responsible for administering the FHA. HUD employs individuals to check the compliance of FHA members regularly.
