Landlords play a crucial role in providing safe and equitable housing for tenants. To maintain fair practices, it’s essential for landlords to understand and adhere to the provisions of the Fair Housing Act (FHA), particularly those regarding familial status. Familial status is a protected class under the FHA, which means tenants cannot be discriminated against for having children or based on their family structure. Ignoring these legal protections can lead to serious legal and financial consequences, as seen in a recent case in Arkansas involving a single father.
What is Familial Status Discrimination?
Familial status discrimination occurs when a tenant or prospective tenant is treated with discrimination due to the presence of children in their household. This protection extends to families with children under the age of 18, pregnant women, and anyone securing custody of a child. The Fair Housing Act makes it illegal for landlords to refuse to rent, evict, or impose special conditions on tenants simply because they have children. Moreover, coercion or threats against tenants based on their familial status, or retaliation for exercising their fair housing rights, is strictly prohibited.
Recent Case Example: The Importance of Compliance
A lawsuit filed by the Arkansas Fair Housing Commission in October 2024 highlights how failing to comply with these laws can have significant repercussions. The commission sued Conway-based San Jersey Properties and Little Rock-based Conners Management, alleging that they discriminated against a tenant based on his familial status.
The tenant, a single father, was reportedly harassed by the landlord after his children were involved in a noise complaint. The landlord demanded that the father agree in writing not to allow his children in the apartment when he wasn’t present. When the tenant refused, the landlord repeatedly called and texted him, threatening eviction if he did not comply.
The landlord’s response to the noise complaint arguably violates both federal and state fair housing laws, which include familial status as a protected class. The tenant filed a complaint, and as of the date of this article, the case is now in court.
If the tenant’s children were, in fact, causing a lease violation, the landlord must also take proper steps to notify the landlord and to give him an opportunity to cure the violation. In Florida, this means giving the tenant a 7 Day Notice to Cure. Of course, the landlord must ensure that they have sufficient credible facts to support the allegation that the tenant is in violation of the lease agreement.
Legal and Financial Risks for Landlords
Discrimination based on familial status can result in significant legal and financial consequences for landlords. Tenants can file complaints with state or federal housing agencies, which may lead to investigations, lawsuits, and potentially costly settlements or judgments. For example, in the case above, the landlord could face substantial penalties if found liable of violating fair housing laws.
Beyond the direct legal costs, landlords risk reputational damage, which can impact their ability to attract and retain tenants. Fair housing violations often become public, leading to negative media attention, as seen in the Arkansas case, where the property management companies involved are now under scrutiny.
Best Practices for Landlords
To avoid these issues, landlords should familiarize themselves with fair housing laws and make sure their policies align with legal requirements. Here are some best practices to follow:
- Train Staff Regularly: Ensure all property management staff are aware of and understand fair housing laws. Training should include information about protected classes, including familial status, and proper ways to handle tenant complaints or issues.
- Avoid Discriminatory Rules: Policies that disproportionately affect families with children, such as curfews, restrictions on certain apartment units, or limits on where children can play, should be carefully reviewed to ensure they don’t violate fair housing laws.
- Respond Professionally to Tenant Concerns: In the Arkansas case, the landlord’s harassment of the tenant after a noise complaint escalated the situation. Instead, landlords should handle all tenant concerns with professionalism and fairness, regardless of familial status, and ensure that they are not engaging in knee-jerk reactions to a complaint.
- Document Interactions: Keep clear and unbiased records of all tenant interactions to provide transparency and accountability. This documentation can be useful in case of legal challenges.
- Gather Evidence: gather credible evidence to be able to prove a lease violation, such as video recordings or witness statements from credible witnesses.
- Lease Enforcement: enforce the lease agreement fairly and without discrimination. Ensure that you have sufficient evidence to prove a violation if one has occurred and follow the proper notice requirements under state law to enforce the lease violation.
Protecting Tenants Based on Familial Status
Following fair housing laws, including those protecting tenants based on familial status, is not only a legal requirement but also an ethical responsibility. Landlords who ensure compliance create a more welcoming and inclusive environment for all tenants, while also protecting themselves from costly legal disputes. By understanding and respecting the rights of families with children, landlords can foster positive relationships and avoid unnecessary conflicts.
Property Management Law Solutions, LLC is a Florida law firm that specializes in landlord-tenant law and is a landlord-only law firm. We provide statewide services including evictions, consultation plans, education and training, membership plans, lease agreement plans and more. If you are a landlord or property manager, contact us today or subscribe to one of our online membership plans.