Key Takeaways
- The Fair Housing Act prohibits discrimination in housing based on seven protected classes, and applies not only to landlords but also to real estate agents, property managers, lenders, HOAs, and other housing providers.
- Kansas landlords must follow both federal and state fair housing rules, ensuring consistent, non-discriminatory advertising, screening, and treatment of all residents, including providing reasonable accommodations for individuals with disabilities.
- Staying FHA-compliant requires standardized procedures and unbiased practices, helping landlords avoid legal issues while promoting equal access to housing.
Established in 1968, the Fair Housing Act (FHA) is a federal law that forbids discrimination in most housing-related activities.
As a landlord in Kansas, this is one among the many laws you must abide by under the statewide Residential Landlord and Tenant Act.
Unlike other laws, however, the FHA does not only apply to landlords, but other industry players as well. They include real estate agents, property managers, mortgage lenders, and even HOAs.
In this blog, by Keyrenter Overland Park, you’ll learn the essentials of the FHA and how they apply to various aspects of Kansas landlord-tenant law.
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What Is the Fair Housing Act?
The Fair Housing Act is also known as Title VIII of the Civil Rights Act. It became law on April 11th, 1968, after it was signed by President Lyndon B. Johnson.
The act bans all forms of discrimination in housing-related activities based on 7 protected classes. The classes are: race, color, sex, religion, familial status, disability, and nationality.
The act generally covers a wide range of housing. They include apartments, townhouses, single-family homes, mobile homes, nursing homes, and group homes.
That said, there are a few limited exemptions that are not subject to the dictates of the FHA.
They include the following:
- Owner-occupied buildings. This is also known as the “Mrs. Murphy” exemption. An owner-occupied building is one with a maximum of four rental units, and where the owner occupies one of the units as a primary residence.
- Single-family homes that the owner rents out. For the owner of the homes to qualify, they must not own more than three such homes at any one time. Additionally, the owner must not use a real estate agent to rent them out.
- Religious organizations. These can limit occupancy to their members only and refuse applications from the general public.
- Private clubs. These can limit occupancy to their own members, as long as it’s not for commercial purposes.
- Housing for older people. Elderly homes can discriminate based on the protected characteristic: familial status.
What Is the Fair Housing Act in Kansas?
Beyond the 7 protected classes under the Federal Fair Housing Act, some states have also passed legislation to add extra protections.
For example, the neighboring state of Colorado extends protections based on marital status, gender identity, sexual orientation, ancestry, and ownership of a service animal.
The following are some examples of acts that can be interpreted as discriminatory under the FHA:
- Refusing to rent out your Kansas property to a bona fide offer based on any of the resident’s protected classes, such as race or color.
- Offering different residents different terms and/or conditions based on their protected classes. For example, requiring a Latino resident to pay extra fees and not requiring a Caucasian resident to do so.
- Steering residents who belong to certain protected classes to other neighborhoods.
- Not allowing disabled residents to keep their assistance animals.
- Restricting the use of common areas or amenities for certain residents, especially for disabled people or children.
- Posting adverts that explicitly or implicitly exclude certain members belonging to a particular protected class. For instance, using phrases like “Ideal for single professionals,” “No Children,” or “No Blacks Allowed.”
- Demanding sexual favors from a resident in exchange for housing or favorable terms.
- Taking a retaliatory action against a resident or evicting them for asserting their right to fair housing.
- Qualifying residents based on an inconsistent and unfair screening process.
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How Can a Landlord Stay Legally Compliant With the Fair Housing Act?
As a landlord, staying legally compliant with the FHA is essential to success. You must ensure that all housing-related actions are free from discrimination based on federally protected characteristics.
The following are some key actions to take in this regard:
- Use neutral language when advertising your vacant rental unit. Avoid any statements that show preference for or against any protected class. For instance, “No children allowed,” “Ideal for Single Professionals,” or “Females Preferred.”
- When using imagery in your rental ads, ensure that it depicts people from diverse backgrounds.
- Use standardized tenant selection criteria. It should be clear, objective, and non-discriminatory. You should also apply them identically to every single applicant.
- Provide reasonable accommodations to disabled residents. For instance, make an exemption for residents with service dogs or emotional support animals.
- Provide residents with equal treatment during tenancy. For instance, when it comes to enforcing the lease terms, such as charging fees for late rent payments or security deposits, you must not show favoritism or limitation based on a resident’s protected class.
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Conclusion
The journey to successful landlording begins with understanding the legal obligations involved. In Kansas, these obligations are contained under the Residential Landlord and Tenant Act. Which, among other things, requires landlords to abide by the state’s fair housing laws. Luckily, now you know what that entails!
Keyrenter Overland Park is a top-notch choice for property management services in Overland Park, KS, and its surrounding areas. You can count on us for stress-free ownership and maximized returns. 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.
