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Housing Providers' Information
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No one should be discriminated against when trying to rent a dwelling. That's only fair.
But sometimes it's not easy for landlords to be sure what the law says is discrimination.
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Excerpts from the Federal Fair Housing Act are printed at the end of this page. These
excerpts along with the answers to typical landlord questions shown below, should give you a clearer understanding of
how to treat prospective applicants fairly.
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In addition, the Toledo Fair Housing Center has a variety of programs and aids to help landlords
recognize discriminatory real estate, rental and lending practices. They include role plays, slide presentations, lectures
and video tapes. We will be happy to give you information about these programs. Simply call for assistance.
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How selective may I be of my tenants?
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You can be very selective,
as long as you use the same set of criteria for all prospective tenants. What you cannot do is choose renters on the
basis of their race, sex, national origin, religion, color, ancestry, familial status or disability.
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What kinds of criteria may I use?
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You can set minimum income
levels to assure the applicant will be able to pay the rent. You can also require that tenants do not act in ways
that would disturb other tenants or damage the property. You may check the applicant's previous record on these
points. In fact, landlord references are one of the most reliable factors for assessing applicants.
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If I don't want too many of one kind of tenant, can't I maintain a quota?
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NO. As long as you have
openings, you must accept any person who meets your criteria. Again, these criteria must be fair and comply with
the law.
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I've had bad experience with single men and blacks. Do I have to rent to them again?
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YES. Stereotyping can
be both unfair and illegal. You must judge each applicant on his/her merit. You cannot exclude a group of people
because of a previous experience. Refusing someone based on stereotypes will restrict your customer base and ultimately limit your profitability.
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If I don't like the way an applicant looks, can't I just say the place is already rented?
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NO. The U.S. Supreme Court
says that you must give truthful information to everyone who inquires about an apartment.
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Does the law limit my advertising?
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YES. Your
advertising should reflect the same fairness that you exhibit in your renting negotiations. It is illegal
to advertise in a way that suggests preference for certain types of tenants.
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The Fair Housing Amendment Act of 1988 added handicap and familial status as protected classes.
It is illegal to discriminate against someone because of their disability or a disability of a member of their household.
It is also illegal to discriminate against someone because children are present in the household.
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HUD defines handicap as:
"A person who has "a physical or
mental impairment which substantially limits one of more major life activities; a record of such an impairment; (who is)
associated with someone who has such an impairment, or (who is) regarded as having such an impairment".
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HUD defines familial status as:
"One or more individuals (who have not attained the age
of 18 years) being domiciled with:
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A parent or another person having legal custody of such individual.
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The designee of such parent or other person having such custody.
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May I ask the applicant about his or her disability?
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NO. It is a violation of
the law to inquire into the nature or extent of a person's disability.
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If a person requests changes to be made to a unit to accommodate a disability, must I allow the change?
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YES. A person has the
right to make a modification to accommodate a disability. A landlord can make certain requirements of the tenant based on legal criteria to protect his/her property.
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I am building a multi-family dwelling. Do any of the premises need to be accessible?
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All units in a covered
multi-family dwelling for first occupancy after March 31, 1991 must have:
- at least 1 accessible entry;
- accessibility to public and common use areas;
- door ways and entry ways which accommodate wheelchair usage;
- all premises and units on accessible floors must contain accessible design features.
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Must I allow families with children to reside in my senior citizen complex?
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Not Necessarily. Provided
that you meet one of the two criteria described below, you may exclude families with children.
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- Everyone in your complex is 62 or older.
- You advertise your complex as a senior citizens residential community.
- You have a legitimate system for verifying the age of all your residents.
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- At least 1 person in 80% of the units in your complex is 55 or older.
- You offer significant facilities and services that meet the special needs of the senior
population. eg. congregate dining, transportation services, and social or educational programs for the
senior population.
- You advertise your complex as a senior citizens residential community.
- You have a legitimate system for verifying the age of your residents.
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Suggestions for Managers
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Treat all applicants alike regardless of race, color, religion, national origin, ancestry, sex, disability or
familial status.
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Set reasonable eligibility criteria.
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Establish the same credit and income requirements for all applicants.
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Establish the same terms and conditions (deposits, application fee, etc.) for all applicants.
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Apply the same standards and treatment to all tenants.
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Report all management or policy changes to all tenants in the same manner.
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Call the Toledo Fair Housing Center, (419) 243-6163, if you have questions.
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Federal Fair Housing Laws
Civil Rights Act of 1866
"All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white
citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property."
Title VIII of the Civil Rights Act of 1968
(as amended)
Under Section 804 of the law, it is illegal to discriminate against a person or to make a decision, as it relates to
providing housing or housing services, based on race, color, religion, national origin, sex, familial status, or
disability; including, but not limited to, the following:
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Refusing to sell or rent
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Offering differing terms or conditions
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Offering differing privileges of rental or sale
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Offering differing provisions of service or facilities
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Making, printing, or publishing discriminatory advertisements, notices, or statements
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Providing untruthful information
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Engaging in blockbusting or redlining
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Segregating housing facilities
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Denying someone the right to make a reasonable modification of an existing premise to accommodate a disability
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Refusing to make a reasonable accommodation in rules, policies, practices or services for disabled consumers
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Building multi-family dwellings in an inaccessible manner
Ohio Revised Code
In 1992, the Ohio Revised Code was amended to make Ohio's state statute substantially equivalent to the federal statute.
The Revised Code mirrors the federal Fair Housing Act in most ways.
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