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Top 4 Landlord Rules to Navigate Fair Housing & Assistance Animals (Reasonable Accommodations)

As a landlord, the past year has heightened your awareness of issues surrounding discrimination and minority rights. Rather than feeling intimidated, this awareness should emphasize the necessity for ongoing education in fair housing practices. Even the most well-meaning landlords can inadvertently breach fair housing laws. To help you steer clear of costly mistakes, here are the top four essential rules for landlords to follow to ensure compliance with fair housing regulations.


While this article provides a brief overview, for a comprehensive understanding, consider enrolling in our upcoming two-hour in-depth course on fair housing by clicking here…


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1. Treat All Tenants Equally

You have established rules in your lease and screening criteria that should be applied consistently. Issues often arise when landlords make exceptions for certain tenants. While exceptions can foster positive landlord-tenant relationships, it’s crucial to document any deviations. Whenever you grant an exception, write a brief explanation outlining the rationale behind it. Store this in a “policy manual” for future reference in similar situations.


2. Provide Information, Allow Tenants to Decide

If your rental property is located near a top-rated elementary school, be sure to highlight this in your advertisement. However, avoid suggesting that the property is best suited for families with school-aged children. Stick to presenting factual information and allow potential tenants to determine if the property meets their needs.


3. Reasonable Accommodations Must Be Justifiable

The term “reasonable” is subjective and often defined by local community standards. For instance, if a tenant requests extensive modifications for wheelchair accessibility that are costly, this may not be deemed reasonable. Similarly, if an assistance animal has a documented history of aggression, the request for that animal may also be unreasonable. Always provide alternative solutions when denying a request.


4. Verification Over Challenge

When tenants submit verification of a disability and request reasonable accommodations, you have the right to verify this information. You may contact healthcare professionals to confirm that the tenant qualifies as disabled under the law, justifying the accommodation requested. However, you cannot contest a diagnosis or opinion; your role is solely to ensure the information is not fraudulent.

 

It’s important to remember that there are many nuances regarding documentation, forms, and handling various situations. The key takeaways are to treat all tenants equally, provide only factual information, and refrain from advising tenants on what is best for them.


Landlords who inadvertently violate fair housing laws can face penalties exceeding $10,000, while repeat offenders may incur costs in the six-figure range. To gain a complete understanding of fair housing, reasonable accommodations, and assistance animals, click here to register for our upcoming two-hour class.

 

 

Christian Bryant

President

Real Estate & Property Management Education LLC

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Portland Area Rental Owners Association

12725 SW Millikan Way
Suite 300
Beaverton, OR 97005

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