As a landlord in Idaho, you have a duty under the Fair Housing Act to treat your tenants equally and fairly, that is without discrimination. This act, also known as Title VIII of the Civil Rights Act, is part of the landlord-tenant laws and prohibits discrimination against tenants when it comes to all aspects of housing.
The act doesn’t just apply to landlords. It also applies to any other person in Idaho real estate, such as developers, real estate agents, property managers, insurance providers, homeowner associations, and mortgage lenders.
What is the Fair Housing Act?
The Fair Housing Rules were passed on April 11, 1968. It provides a critical set of guidelines that prevent prospective tenants, homebuyers, and mortgage borrowers from being discriminated against on the basis that they are members of certain protected classes.
The Idaho Act on Fair Housing prohibits discrimination on the basis of seven protected classes: race, color, religion, nationality, religion, sex, disability, education, and familial status.
Discrimination can take place in many different forms according to the fair housing law. The following are some common examples:
- Refusing to rent to someone based on the prospective tenant being a member of a protected class.
- Evicting a tenant based on their status as a protected class.
- Failing to make reasonable accommodation or modifications for people living with disabilities. For example, disqualifying a disabled tenant on the basis of them having a service animal.
- Using language that indicates preference or limitation when advertising your rental ad. For instance, making statements such as “Ideal for Young Professionals,” “Perfect for a Couple,” “No Children,” “University Educated Renters Only” or “No Pets Allowed.”
- Applying inconsistent policies for tenants when it comes to how much rent you charge, and how promptly you communicate with the tenant or respond to emergencies.
- Using different screening criteria for different tenants based on whether they are a member of a protected class.
- Placing unreasonable restrictions on how many people can dwell in a rental unit.
- Enforcing terms of the lease differently depending on the protected classes of the tenant.
- Terminating the lease of a tenant based on discriminatory reasons.
- Creating rules that treat renters with children differently from others. For example, forcing them to pay a security deposit when others don’t.
- Declining a rental application from a tenant for no reason other than belonging to a particular protected class.
- Asking a prospective tenant discriminatory questions when screening them. For instance: how many children they have, where they are originally from, or if they do or do not take part in religious activities.
Exemptions to the Fair Housing Law
While the Fair Housing Act applies in most situations, a few exemptions do exist:
- Properties that have a maximum of four units and where the owner lives in one of them do not need to conform to the Fair Housing Act
- When selling a single-family home, you are exempt as long as the owner doesn’t use a broker to rent it out and doesn’t own more than 3 of such homes at any one given time.
- Specific housing communities, for example, those that provide services to the elderly. These communities must be specifically purposed for elderly occupants who are at least 62 years old.
- Religious organizations and clubs are also exempt from the Fair Housing Act.Who Enforces Fair Housing in Idaho?
The Department of Housing and Urban Development (HUD) is the federal agency that is tasked with enforcing Idaho fair housing. This department carries out its legal mandate through the Office of Fair Housing and Equal Opportunity (FHEO), which operates 10 regional offices and is headquartered in Washington.
Special Protections for Disabled Tenants Under the Fair Housing Act?
Disability is one of the protected classes under the Fair Housing Act. What’s more, disabled tenants enjoy certain special protections under the Idaho Fair Housing Act.
As a landlord, you are responsible for making certain reasonable modifications and accommodations upon your tenant’s request to avoid housing discrimination. Examples of reasonable accommodations and modifications that a disabled tenant can ask from you include.
- Assigning them an accessible parking space.
- Allowing a tenant to move to the ground-floor unit to ease their mobility in and out of their rented premises.
- Making adjustments to the rent payment schedule so that it can match the time they receive their disability benefits.
- Installing grab bars in their bathroom.
- Lowering the entry threshold of a unit.
- Installation of a ramp into a building.
- Renting to tenants with a disability and a service animal even though you have a “no pets” policy.
Remaining Compliant with Idaho Fair Housing
The following are tips to help you comply with the Idaho fair housing:
- Have consistent rules and policies that ensure all tenants are treated equally and fairly.
- Avoid asking prospective tenants questions that touch on a protected class. Such as, how many children they have, if or where they go to church, whether they are married, where they are originally from, etc, as these are a violation of the civil rights act.
- Have a clear maintenance response policy. This is an especially common complaint regarding fair housing. To avoid potential issues with any person living in your rental, ensure you have uniform policies to handle maintenance requests.
- Hire a property management company to handle the day-to-day operations of your rental property. A good property management company will have proven systems that ensure strict compliance with fair housing laws.
Bottom Line
To successfully rent out a property, it’s important to familiarize yourself with all your legal obligations. The Fair Housing Act, in particular, can make or break your success as a landlord in Idaho. For expert help in keeping your Idaho property legally compliant, Keyrenter Boise can help.
We’re the go-to property management company for property owners in Boise and the surrounding areas. Get in touch to learn more!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regard to this content or any other aspect of your property management needs.