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| WA State FAIR HOUSING UPDATE: October 2004 |
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By Roxanne Vierra, King County Office of Civil Rights Is it okay for manager Joe Thomas to advertise his rental apartment this way? "One bedroom unit. Ideal for mature person. Quiet neighborhood, many amenities. Close to St. Martin's Church." Under fair housing laws, it is not legal to advertise any preference for or against a "protected class" of persons. Here's what the federal Fair Housing Act (FHA) says about advertising: "It shall be unlawful to make, print or publish, or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling which indicates any preference, limitation or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination."(Remember that local fair housing laws include other protected classes, such as marital status, age or sexual orientation. For a complete list, see www.metrokc.gov/dias/ocre/FHlaws.htm.) Be sure to use caution when using advertising, because ads that designate the type of tenant desired can often cross the line into stating a preference for or limitation against certain groups. For example, most prospective tenants will assume that "mature person" means that Mr. Thomas is looking for a single tenant or a retiree, or that he does not want families with children. Also, while it's fine to refer to landmarks, using a landmark such as St. Martin's Church can be construed as implying a preference for members of that church. Consider using advertising that alerts homeseekers to the size and location of the unit, the monthly rental price, and any features which would make the unit desirable, such as included utilities, laundry room, pool, etc. This will assist the prospective tenant in matching their needs with your openings. Mr. Thomas should think about limiting his advertising to "One-bedroom unit. Quiet neighborhood, many amenities" (and maybe expand on those amenities!). Keep in mind that even if your rental property is exempt from the Fair Housing Act because you do not own four properties, the FHA covers all advertisements (and local fair housing laws may apply where the owner has fewer properties). Also, these advertising rules apply to all written notices or oral statements by someone engaged in the sale or rental of a dwelling. Written notices and statements include applications, flyers, brochures, deeds, signs, banners, posters, billboards or any documents used in the sale or rental process. For an online list of words that you should avoid in ads, see www.metrokc.gov/dias/ocre/advertise.htm. 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. Want to use the Equal Housing Opportunity symbol in your ads? You can get a copy of the logo online at www.hud.gov/library/bookshelf15/hudgraphics/fheologo.cfm. A gay couple who applies for rental of a one-bedroom apartment meets the rental criteria established by property manager Jill Green. Jill advises them that they cannot rent the advertised one-bedroom unit, but must wait for an available two-bedroom apartment. Does this violate fair housing laws? Whether this is illegal discrimination depends on where the apartment complex is located. The federal Fair Housing Act does not cover sexual orientation or marital status as protected classes, but many local fair housing ordinances do (City of Seattle, City of Tacoma and King County cover both, and Washington state covers marital status). So, if the apartment was in one of the areas covered by these ordinances, Ms. Green should have let the gay couple make their own choice of unit. In these local jurisdictions, fair housing laws do not allow a housing provider to base rental or sales decisions on a person's sexual orientation or marital status. "Sexual orientation" is generally defined as including male or female heterosexuality, bisexuality, or homosexuality, and includes a person's attitudes, preferences, beliefs, and practices pertaining to sex (but does not include conduct that is a public or private nuisance or is unlawful under county, state, or federal law). "Marital status" is usually defined as including people who are single, married, separated, engaged, widowed, divorced or (in some jurisdictions) co-habitating. In the same way that you don't consider an applicant's race or religion in the rental decision, sexual orientation or marital status cannot be used as a criteria. While checking references, apartment manager Nelson finds out that prospective tenant Calley is a terrible housekeeper whose last apartment was always unkempt and unclean. He decides not to rent to Calley. Is Nelson discriminating? Fair housing laws prohibit housing providers from taking into account a prospective tenant's protected class (things like the applicant's race, sex, religion, national origin, disability, family status, etc.). Rental owners and managers can utilize a variety of legitimate business criteria to determine which applicants may make good tenants. It's a smart practice to obtain references from previous landlords or managers, because this information can provide a good indication of what sort of tenant the applicant is. In this situation, it appears that Nelson is not considering Calley's protected class -- instead, he is basing his decision on Calley's history of poor housekeeping. This is a reasonable basis on which to deny Calley rental. KCOCR Fair Housing Home Page Your comments about this Web site Updated: Jan. 4, 2005 King County | DES | OCR | News | Services | Comments | Search Links to external sites do not constitute
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