Fair Housing isn’t just a legal requirement—it’s the foundation of a strong, inclusive community. For property management professionals, from leasing agents to maintenance teams, understanding Fair Housing laws is essential to maintaining a strong residential community.
One mistake, even if unintentional, can lead to serious consequences: hefty fines, legal trouble, and a damaged reputation for your property. But Fair Housing isn’t just about avoiding penalties. It’s about ensuring that everyone—regardless of race, disability, family status, or any other protected category—has equal access to housing.
So, how do you make sure you’re on the right side of Fair Housing compliance while still doing your job effectively? Let’s break it down.
What Is Fair Housing and Why Does It Matter?
The Fair Housing Act (FHA) was signed into law in 1968, making it illegal to discriminate against anyone based on:
Race
Color
National Origin
Religion
Sex (including gender identity and sexual orientation)
Familial Status (having children under 18, pregnancy, guardianship, etc.)
Disability
That means every decision you make—whether it’s approving a rental application, advertising a vacant unit, or responding to a maintenance request—must be fair, consistent, and free from bias.
But here’s the tricky part: discrimination isn’t always obvious. It doesn’t have to be intentional. Even a casual comment in a property listing or an unconscious preference for certain applicants over others can be considered a Fair Housing violation.
Fair Housing in Everyday Situations
Let’s look at some real-world scenarios that could get property managers, leasing teams, and maintenance staff into hot water—without them even realizing it.
1. Marketing & Advertising
Have you ever seen an apartment listing that says, "Great for young professionals" or "Ideal for retirees"?
🚫 Why That’s a Problem: Even if it’s meant to be helpful, this kind of language suggests a preference for a certain age group, which could be viewed as age discrimination.
✅ What to Do Instead: Focus on the property’s features—"Spacious 2-bedroom apartment with great amenities"—and avoid making assumptions about who might be the "ideal" renter.
2. Leasing & Screening Applicants
Imagine a leasing agent telling a prospect, "This neighborhood is mostly families, so it may not be the best fit for you."
🚫 Why That’s a Problem: This could be considered steering, a Fair Housing violation where applicants are subtly guided toward or away from certain properties or areas.
✅ What to Do Instead: Provide neutral, factual information about the property and let the applicant decide if it’s the right fit.
3. Maintenance & Repairs
A long-time resident calls about a leaky faucet. The maintenance team knows her well and fixes it that afternoon. Meanwhile, a new resident with a similar request has been waiting for three days.
🚫 Why That’s a Problem: Even if the delay wasn’t intentional, prioritizing certain residents over others—based on familiarity or any other non-objective reason—could be viewed as discrimination.
✅ What to Do Instead: Follow a first-come, first-served policy for maintenance requests and keep records of all service orders.
4. Accommodations & Modifications for Residents with Disabilities
A resident requests permission to install grab bars in their bathroom due to a disability. The property manager says no, citing a policy against "altering units."
🚫 Why That’s a Problem: Under the FHA, landlords must allow reasonable modifications for people with disabilities (though they may not always be required to pay for them).
✅ What to Do Instead: Understand the difference between reasonable accommodations (policy changes, like allowing a service animal in a no-pet building) and reasonable modifications (physical changes, like ramps or wider doorways). When in doubt, consult legal counsel.
How to Protect Yourself & Your Property
Fair Housing laws can feel overwhelming, but staying compliant doesn’t have to be complicated. Follow these best practices:
Stay Educated – Laws evolve, and what was acceptable a few years ago might not be today. Regular Fair Housing training is a must.
Document Everything – If it’s not in writing, it didn’t happen. Keep records of lease applications, maintenance requests, and policy changes.
Be Consistent – Treat every applicant, resident, and request the same way. No exceptions.
Ask Before You Act – If you’re unsure about a Fair Housing situation, consult your supervisor or legal team before making a decision.
Fair Housing Is More Than Compliance—It’s Good Business
Beyond avoiding legal trouble, fair and equal treatment creates stronger communities and builds trust with residents. A reputation for fairness and inclusivity can increase resident retention, reduce complaints, and even attract more applicants.
At BGSF, we provide staffing solutions that keep communities thriving. Need trained professionals who understand the ins and outs of Fair Housing? We’ve got you covered. Contact us today to learn more about how we can support your team!
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