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FAIR HOUSING IN WASHINGTON STATE
Top 100 Frequently Asked Questions & Answers for Property Owners and Managers

CHAPTER TWO — FILLING YOUR VACANCIES

Section A: Advertising

Question 12. How can I safely advertise or market my property under fair housing laws?

Fair housing laws prohibit making, printing or publishing a notice, statement, or advertisement that indicates any preference, limitation, or discrimination based on a protected class.

Fair housing laws address all types of statements, advertising or marketing used in the rental process, whether your ad appears in a newspaper, on the radio, in magazines, on television, on a little note at the neighborhood laundromat, on a vacancy sign in your window, or through word-of-mouth. The law covers all advertising.

Remember, the law also prohibits making any statement indicating a preference or limiting housing based on someone's protected class. For example, if a manager tells a family applying for a unit that they might prefer an apartment down the street that has more families and a playground, this statement is included as a prohibited activity under fair housing laws.


Question 13. Who do the advertising guidelines cover?

The prohibition against discriminatory advertising applies to all housing situations described in Question 6, including single-family and owner-occupied housing that is otherwise exempt from the FHA.


Question 14. What are the requirements regarding fair housing posters and logos?

Fair housing posters and logos are not required but displaying them in your advertisements or in your common areas and leasing offices is a great way to show that your housing facility complies with fair housing laws. Some housing providers use the Equal Housing Opportunity logo to show that they do business in compliance with fair housing laws. Free posters are available from the fair housing agencies for each jurisdiction that you can use to alert your applicants and tenants to your commitment to fair housing.


Question 15. What are the requirements if I market my properties using ads with human models or drawings?

Avoid using pictures or images that show a preference or discourage anyone because of his or her protected class. For example, a series of newspaper ads publicizing vacancies for an apartment complex using only Caucasian models over a period of weeks could be found to be a violation of fair housing laws. If you customarily use advertising with photographs or drawings of people, try to use men, women, children, people with disabilities, and people of all races, nationalities and ages in a way that reflects the population as a whole.


Question 16. What can I say about my property?

The type of language you use to advertise can pose fair housing problems. Avoid using words or phrases that show a preference or discourage anyone because of his or her protected class. For example, avoid phrases such as "Christians only," "single adult community" or "perfect for mature professionals"—they not only implicate fair housing laws, they limit your marketing to prospective tenants.

It is appropriate to describe features that make a unit desirable, such as the size and location of the unit, rental price, utilities included, laundry room, pool, etc. If you describe the property itself and not the targeted audience, you are safer under fair housing laws.


Question 17. Can I ever affirmatively market to a protected class?

In some limited circumstances under fair housing laws, you may affirmatively market your units to a protected class:
  • you may advertise that you have units that are accessible for people with disabilities
  • you may advertise amenities such as a playground and state that families are welcome
  • you may advertise that you welcome applicants on Section 8

Question 18. What other things can I do to comply with fair housing laws in advertising?

Be sure that everyone involved in advertising your available units is aware of your advertising guidelines. Inform your on-site managers, off-site property management company, and any advertising media you use that you follow nondiscriminatory advertising standards. If you use an advertising service that posts available rentals at their storefront location, make sure that they are not using discriminatory statements in their binders.

To expand your marketing options, consider advertising sources such as minority newspapers, social services agencies and organizations for people with disabilities.

Section B: Application and Screening Process

Question 19. How can I be sure my screening process meets fair housing guidelines?

Property owners and managers have the right to determine if a prospective tenant is able to pay the rent and follow the rules. While screening is necessary to insure that you get qualified, responsible tenants who pay their rent on time, you must screen in a manner that complies with fair housing laws.

You will find it easier to respond to a fair housing complaint if you have a clear, written screening policy and if you make sure that all employees involved in the rental process are aware of and follow the policy consistently with all applicants. If you use a tenant screening agency, make sure they are aware of your screening policy and that they follow the policy consistently. Be certain that the agency is aware of and complies with fair housing laws.

You may be able to prevent potential fair housing complaints if you tell prospective tenants about your screening policies and the criteria that you will use in evaluating their applications. Make your rental decisions in a fair, objective and consistent manner and most importantly, communicate your decision to the applicant honestly and quickly.

While it is important that your screening policy is applied consistently, some prospective tenants may require special consideration:
  • People with disabilities may need reasonable accommodations and/or reasonable modifications either to go through the application/screening process or to make the property available to them.
  • If you have a policy of not renting to individuals who have had a history of police activity at their residence, evaluating applicants who have been victims of domestic violence in the same manner may be considered discriminatory.
  • New immigrants to this country can present challenging screening issues. You may want to look at alternative methods/documents in determining whether they meet your screening criteria. (See Appendix B)



Question 20. If several applicants are competing for the same apartment, can I choose the applicant I believe will be the best based on my experience?

While experience is invaluable, it is important to make sure one's experience is not influenced by biases that could be discriminatory. Some individuals who "look" okay turn out to be bad tenants; however, a housing provider working on assumptions and experience alone won't know that until after entering into a lease agreement. You may have results that are more consistent and fewer discrimination complaints if you establish a fair screening process and apply it equally to all prospective tenants.

If several applicants are competing for the same apartment, it may be helpful to screen your applicants on a first-come, first-served basis, then stop screening when you reach a qualified applicant who meets your screening criteria and offer the unit to that applicant. It's a good idea to date and time stamp the applications; then you know the exact order in which you received them.

Pre-printed documents may help to ensure that you are gathering the same information from every applicant, and that you aren't asking for any inappropriate information.


Question 21. Can I say that an apartment is not available if I don't think some applicants would make good tenants?

If you misrepresent that a unit is not available when it actually is, you ay increase the risk of having a fair housing complaint filed against you. It is safer to rely on your screening process, not your assumptions, to determine if the applicants would make good tenants. Every prospective tenant has different needs and preferences for housing. Let them see the range of what you have available so they will be able to choose a dwelling that's right for them.

Complaints are often filed because a landlord told someone there were no vacancies and shortly after told someone else there were. Again, you may be able to avoid a potential fair housing complaint if you are clear and consistent with information about upcoming vacancies, current vacant apartments that are not yet ready to be occupied (due to cleaning, repairs), and apartments that are ready to be occupied.

Note: You may have heard of the "Secret Shopper" who visits housing complexes to see what type of customer service is offered. This same tool is used by fair housing agencies either to assess a current complaint or randomly test a market for fair housing compliance. Any applicant coming to apply for an available unit could be a fair housing tester, so be on notice!


Question 22. Is it legal for a rental manager to request to see a photo ID from prospective applicants?

Some housing providers and real estate agents have established a policy of requesting identification from prospective applicants, either for safety reasons or to verify identity. Fair housing laws do not prohibit such a practice as long as the request is not based on an applicant's protected class. For example, requiring ID only from African American males would be discriminatory. Also, please be aware that requiring a specific form of photo ID, such as a driver's license, may have a disproportionately adverse effect on members of a protected class since certain people with disabilities or from other countries may not have driver's licenses. Appendix B contains a list of documents that will assist housing providers in determining an applicant's identity.


Question 23. What should I do if someone who doesn't speak English comes to look for an apartment?

Prospective tenants with limited English proficiency or a heavy accent may be covered under the national origin protections in the fair housing laws if they are treated less favorably than applicants who speak English well. You cannot turn away an applicant simply because of an accent or because communication presents an extra challenge. Make every reasonable effort to usher such applicants through the normal rental procedures in English, just as you would for fluent English-speaking applicants.

Housing providers may not have the finances or the inclination to do business in any language other than English. Certainly, no one expects a landlord or manager to master the dozens of languages spoken by people in the region. Nor are they expected to translate their promotional materials, applications, or rental agreements to meet the language needs of all applicants. However, if you operate in a community with many Spanish speakers, wouldn't it be a lot easier to provide a translated form that welcomes them, invites them to look at the current available units and provides basic information about the complex? Some forms are already translated into different languages, and resources are available for housing providers to get information translated into a few languages common to your neighborhood or area. Contact your local fair housing agency for additional information. Translated documents are not required, but they can make a manager's work a lot easier.


Question 24. Can I verify that someone is legally in the country?

Unlike employers who are held responsible if they hire someone who is not legally able to work in the U.S., housing providers have no similar responsibilities under the law and are not held accountable if any of their tenants are in the country without status. If you ask a tenant who is obviously from another country for proof of his or her legal status, you could risk a fair housing complaint based on national origin. Asking applicants if they are in the country legally is only acceptable under fair housing laws if you ask every applicant for proof of legal residency, not just those you assume are here illegally.


Question 25. What should I do if an applicant is a recent immigrant with no social security number and with little or no employment or rental history in this country?

Fair housing laws do not prevent a housing provider from making sure that tenants are able to pay the rent and follow the rules. Although screening criteria is commonly developed using standard information such as a social security number and past employment or rental history, alternative documents are available to determine if a recent immigrant is able to pay the rent and follow the rules. Appendix B contains a list of documents that will assist housing providers in determining an applicant's identity, past rental history and his or her credit or ability to pay rent.


Question 26. Is it okay to offer rental "specials" to induce more prospective tenants to apply?

Quoting different rental rates based on the general occupancy rate is a common practice; however, this practice may make you vulnerable to accusations of discrimination if a prospective renter notes differences in quotes that appear to be related to his or her protected class. Here are some ways to minimize this risk:
  • Put all special offers in writing and be sure that all staff are aware of them.
  • Make certain all applicants hear about every rental special.
  • Document all exceptions you make to your regular rental rates. If you offer a unit for less than other identical units, note why.
  • Don't quote a rental rate based on a subjective assessment of what you think a particular applicant can pay. Rent should be calculated using factors such as the market, the property or the specific apartment.

Question 27. Can a housing provider legally refuse applicants because of their criminal record?

Having a criminal record is not a protected class under fair housing laws; therefore, housing providers may establish screening criteria that rejects an applicant who has a criminal record. Convictions should not be confused with arrests, however. Patterns of arrest have been proven to be discriminatory against protected classes in some contexts, and as such, may be inappropriate to use as a screening criteria.

If an applicant's criminal record is related to his or her disability, then the applicant may request that the housing provider make a reasonable accommodation by allowing the applicant to establish that he or she has successfully taken steps to assure that the criminal conduct caused by the disability will not recur. For example, an applicant who has completed a drug-addiction recovery program may request that you waive your criminal record policy for a conviction for possession of an illegal substance.

In addition, if you conduct criminal background checks, it would be considered discriminatory to do such checks only on certain applicants or to accept only some applicants with criminal records. For example, a housing provider should not conduct criminal checks only on African American males, or accept a female applicant with a record of assault but not a male applicant with a similar conviction. The key is to ensure that the process is fair and neither directly nor indirectly discriminates based on any protected classes.


Question 28. How do fair housing laws affect income and employment requirements?

Housing providers can have income and employment requirements as long as they apply them consistently, without regard to an applicant's protected class. Here are some issues to consider:
  • For Section 8 participants, Housing Authorities have already made a determination that the tenant can afford their portion of the rent. The housing subsidy is a mechanism for ensuring that a low-income family can afford to rent an apartment in the private market. If you use income screening criteria (such as income equaling three times the rent), you should only calculate the Section 8 participant's portion of the rent.
  • Most credit decisions utilize gross income as the basis for calculating the income to housing cost ratio. You should "gross up" non-taxed income such as social security. For example, a person with a disability on fixed income should have that income calculated to reflect the taxable income a person would have to earn to net the same amount.
  • Requiring that a person's income be garnishable could be a violation of fair housing laws, especially for people on social security disability income. As a reasonable accommodation, you might consider waiving your garnishable income requirement for social security income.
  • As a reasonable accommodation, you may be asked to waive a policy such as a "no co-signer" policy for an applicant with a disability.
  • Consider aggregating the income of all household members to calculate the ratio. To calculate income, include verifiable employment, public assistance, social security, retirement/pension, asset/interest income, child support, adoption assistance, foster child support, food stamps, veteran's benefits, student employment and other types of cash income.
  • Income stability may be as relevant as employment history. Keep in mind that a requirement that applicants must be employed might have a discriminatory effect on certain protected classes, such as people with disabilities or families with children.

Question 29. We expect tenants in our rental house to maintain the yard and make minor repairs. Can I ask female applicants if they can handle this work?

If you only ask female applicants if they can handle yard maintenance or repairs, you may increase your risk of having a fair housing complaint filed against you. It is best to notify all prospective tenants that the rental includes yard maintenance and repairs.


FAIR HOUSING IN WASHINGTON STATE

If you have questions about fair housing laws and enforcement, contact the King County Office of Civil Rights at 206-296-7592 or 206-296-7596 TTY.

Fair Housing | Fair Housing Services
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Updated: Dec. 28, 2004

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