Housing discrimination was once common in the United States. Many individuals were experiencing unfair housing practices and being discriminated against due to factors that they had no control over. So, to prevent this discrimination from continuing, the Fair Housing Act was established.
Established in 1968, fair housing protects anyone involved in a housing transaction from discrimination, in particular, those who are considered part of a protected class. It prohibits discrimination against these classes.
Protected Classes Under the Federal Fair Housing Act
Under federal law, all housing providers are prohibited from discriminating against any individual based on these seven factors. These are also known as the fair housing protected classes:
- Race
- Color
- National Origin
- Disability
- Sex
- Religion
- Familial Status (having children under 18 years old, being pregnant)
Fair Housing Act in Idaho
Most states follow the federally protected classes, while others include additional protected classes on top of these seven. But the state of Idaho does not recognize familial status as a protected class under the department of fair housing.
It means that Idaho landlords have the right under the department of the FHA to refuse tenants based on familial status, as in, those who are pregnant or those with minor children to live on the rental. In Idaho, there are only six protected classes under fair housing: race, skin color, disability, religion, sex, and national origin.
If you’re a landlord in Idaho, it’s important to be careful when dealing with applicants or tenants who belong to these fair housing protected classes.
Examples of Violations Against the Fair Housing Act in Idaho
If your applicant did not pass the screening, it must be for legitimate reasons and not because they are a member of a protected class. When advertising your unit for rent, you should not deliberately exclude or discourage people who belong to a fair housing protected group.
Idaho landlords are also prohibited under the landlord-tenant laws and Fair Housing Act from asking for additional questions of applicants who belong to a protected class. Provided such questions are not being asked of other applicants.
It is also against the law of fair housing if you lie about the availability of the rental to an applicant because of their race or national origin. These practices are a violation of the Fair Housing Act and can be punishable under the Fair Housing laws which prohibits discrimintation.
Other Instances That Violate the Fair Housing Act in Idaho
The FHA usually applies and prohibits discrimination when renting a unit to tenants. But this fair housing law also applies and prohibits discrimination when selling a home or mortgage lenders approving a mortgage loan. Here are some other instances that violate the Fair Housing Law in Idaho:
Selling or Renting Out of a Home:
- Refusing to sell, rent, or provide services to anyone based on the six factors mentioned above or evicting a tenant based on a protected class, such as religion or disability.
- Telling the applicant that the home is no longer available for sale or rent when in fact, it still is.
- Refusing to make a reasonable accommodation or provide services for a tenant with a disability.
- Establishing different terms and provisions in the deed of sale or rental agreement from other buyers/tenants who don’t belong to the protected classes.
- Providing different services, accommodations, lease terms or amenities for one tenant and not others.
- Excluding a certain group of individuals in the marketing materials.
Mortgage Lending:
- Denying a borrower’s application for a loan due to the factors mentioned above.
- Setting different terms and rates for other borrowers who don’t belong to the protected classes.
- Requiring different sets of documentation and eligibility.
- Refusing to answer questions about the loan to discourage potential borrowers from applying.
- Using discriminatory practices when it comes to appraising the unit.
Exemptions From the Fair Housing Act
The Fair Housing Act is applicable to all individuals and entities that are involved in a housing transaction. But in certain cases, these instances may be exempted from the following of the Fair Housing Act:
Single-family homes that are sold or rented out with no real estate agent or broker.
- Owner-occupied properties that have four units or less.
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Private clubs or organizations that are exclusive to members only.
How Landlords Can Avoid Violations of the Fair Housing Act
As a rental owner in Idaho, it’s essential to know what is considered discrimination and a violation of the Fair Housing Act. It’s crucial to avoid any fair housing discriminatory practices when it comes to screening tenants to avoid any penalties. Make sure to do the following:
Be Inclusive
When marketing your unit, make sure to make your rental home available to everyone, except for certain cases that are not included in the protected classes (i.e., smokers, pet owners, families with small children).
Be Consistent
When screening tenants, make sure to use consistent criteria to comply with fair housing. You must have the same set of requirements that are applicable to every applicant. For instance, if you want to ensure that the applicant is financially responsible and not likley to break the lease. You may ask all applicants to submit a credit report, no matter who they are.
Be Fair
When drafting your rental agreement or lease contract, make sure to set fair rules and regulations that apply to everyone to abide by the Idaho Fair Housing rules. Also, offer the same amenities and accommodations so you won’t be accused of discrimination.
Bottom Line
Professional rental managers are knowledgeable of the law and they know how to screen tenants thoroughly without breaking any rules. It’s best to work with an experienced property management company in your area to ensure that no violation is committed.
Call Ridgewood Property Management at (718) 841-7026 and we’ll be happy to serve you!
