The Fair Housing Act (FHA) is one of the most important laws a landlord should familiarize themselves with before renting out their property. Its goal is to protect tenants from housing discrimination based on certain protected classes.
As a landlord, staying legally compliant is key for the success of your investment property. This will ensure you maintain a positive reputation and avoid potential legal and financial repercussions. The following are important highlights of the Fair Housing Act in Oklahoma to be mindful of.
What is the Federal Fair Housing Act?
The Federal Fair Housing Act is Title VIII of the Civil Rights Act. It finally became law on April 11th, 1968. At its signing, it outlawed discrimination in the sale, rental, and financing of housing based on race, color, religion, and nationality.
Subsequent amendments a few years later also added sex, familial status, and disability to the list of protected classes. This means that all American citizens have a right to live without discrimination based on any of the 7 protected classes.
At the federal level, the FHA is enforced by the Department of Housing and Urban Development (HUD). It’ll investigate a fair housing complaint to see whether a landlord or any other housing provider has violated the FHA laws. And if found guilty, you may face legal action and penalties under both state and federal laws.
What are the Protected Classes Under the Oklahoma Fair Housing Laws?
In Oklahoma, protections exist at both the federal and state levels. At the federal level, Oklahoma tenants are protected against discrimination based on the following classes:
- Race
- Color
- Nationality
- Familial Status
- Sex
- Disability
- Religion
- The following are the additional protections at the state level:
- Age
- Gender
- Use of a service dog
- Source of income
As a landlord in Oklahoma, it’s important to treat your tenants equally and fairly based on these classes. Discriminating against a tenant based on any of these classes could be a ground for potential legal repercussions.
You may also want to check for any additional protections at the city level. In the city of Norma, for instance, tenants also enjoy the following protected classes. Protection against discrimination based on:
- Ancestry
- Gender expression
- Gender identity
- Sexual orientation
- Place of birth
- Marital status
What Discriminatory Practices Should a Landlord Avoid in Oklahoma?
The following are practices that can be deemed to be discriminatory under the Fair Housing laws:
- Refusing to rent out your property to a qualified tenant based on any of the aforementioned classes.
- Offering different tenants different lease terms or making unjustified security deposit deductions based on their race, color, religion, and other protected classes.
- Using discriminatory statements in your rental ad including “Ideal for Females,” or “Families without Children Preferred,” would be illegal under the act.
- Falsely claiming that your rental property isn’t available just to steer a prospective tenant with certain characteristics away.
What Rights Do Disabled Tenants Enjoy Under the Fair Housing Laws?
Disabled tenants enjoy several rights under the Oklahoma Fair Housing laws including the following:
- As a landlord, you must not treat a disabled tenant any differently from other tenants throughout the application process.
- You must make reasonable modifications to the unit if requested by a disabled tenant. These could be necessary for the tenant to use and enjoy their rented premises. Examples include adding wheelchair-accessible features or installing ramps.
- You must provide a disabled tenant with reasonable accommodations to allow them to use and enjoy the property. This can include modifying your policies, allowing a service animal, widening doorways, and installing grab bars in the bathroom.
- You must allow disabled tenants to keep service animals even when you have a strict “no pets” policy. Remember service animals are not pets. Under the Americans with Disability Act (ADA), a service animal is specifically trained to perform a task related to someone’s disability.
Important to note, however, is that while disabled tenants have rights to certain reasonable modifications, the cost of the alterations is squarely theirs. The typical exception is if the property receives federal funding.
Are There Any Exceptions to the Fair Housing Act?
Yes, there are certain exemptions to the Fair Housing laws in Oklahoma. They are as follows:
- Buildings with four or fewer units where the owner is an occupant in one of them.
- Rental units that the owner has rented out without using any brokerage services, such as hiring a real estate agent.
- Groups of a certain religion or private clubs can restrict rentals to only their members. They must, however, not discriminate against them based on any of the protected classes.
Note, that as a landlord, you should also make sure to check for additional exceptions at the state and local levels to ensure full compliance with the law.
How Can Landlords Ensure Compliance with the Fair Housing Act?
Continue educating yourself on the provisions of the Oklahoma Fair Housing Act and landlord-tenant laws. From the way you advertise your vacant rental, to how you screen prospective tenants, to your overall interactions with tenants ensure consistent compliance with the laws. You could also hire a qualified real estate management professional to handle all the legalities surrounding your residential rental properties.
Bottom Line
Treating tenants equally, fairly, and respectfully is key to becoming a successful landlord. For expert property management, don’t hesitate to get in touch with OKC Homes 4 You. We provide exceptional property management services to owners and investors in Oklahoma City and beyond. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
