Landlord can’t evict tenants for being Bears fans

We’re not sure how legitimate this claim is, but it gave us a chuckle and brought up a decent point about discrimination in the business of property management, so we thought we’d pass it along:

A landlord recently posted on the Landlord Protection Agency forum asking about the legality of evicting tenants who supposedly lied on their tenant application about being fans of the Green Bay Packers. After the couple moved into the home – which is within walking distance to Lambeau Field – they placed lawn ornaments, flags and other paraphernalia outside the home proclaiming to be Chicago Bears fans. This drew the ire of the absentee landlord, a Packers fan who is renting out his home until he retires in a few years and heads back to his beloved Green Bay.

According to the landlord, the tenants’ Bears paraphernalia had angered the neighbors and he was wondering if lying on the tenant application was grounds for eviction. The short answer is no. Lying about one’s employment or criminal record could be grounds for an application to be rejected, but someone’s affiliation with or involvement in a particular club, sport, team, church or other organization is protected under privacy laws. It’s unlawful to deny housing based on something that does not threaten the life or well-being of anyone, and is none of the landlord’s business.

While we’re on the subject, let’s also review the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), which outlawed:

• Refusal to sell or rent a dwelling to any person because of race, color, religion, sex, or national origin.
• Discrimination based on race, color, religion or national origin in the terms, conditions or privilege of the sale or rental of a dwelling.
• Advertising the sale or rental of a dwelling indicating preference of discrimination based on race, color, religion or national origin.
• Coercing, threatening, intimidating, or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of fair housing rights.

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For new landlords, knowledge is power

Landlords who are new to the business can sometimes be naïve to the amount of things they need to know right off the bat. It’s not enough to have a great rental property ready for a tenant, or to have researched the market to figure out an appropriate amount to ask for in rent. There are rules and laws and inside information every new landlord should find out before getting that first lease signed. 

Because you don’t know what you don’t know, we’ve made it easy by outlining the most important things a new landlord should research before beginning your business. 

1. Become very familiar with the state landlord-tenant laws in the state where your rental property is located. 
2. Read, internalize and follow the federal Fair Housing Act of 1968 and the federal Fair Housing Act Amendments Act of 1988, to make sure you’re not breaking any laws regarding discrimination when screening and accepting (or rejecting) prospective tenants.
3. Research a reputable tenant screening service to carry out this most important part of your business. If you sign up with the first (or cheapest) fly-by-night screening service you find on the internet, chances are you’ll get what you pay for.
4. Join and participate in the local landlord association where you are. You can make  great contacts and get tips and insider info from this local resource.
5. Check into the building codes for your neighborhood, as well as any neighborhood association laws and rules that your tenants (and you) might be expected to adhere to. 
6. Find a good lawyer who specializes in landlord-tenant law, and use that resource to check leases, eviction notices and any other legal documents or forms of communication between you and your tenant.  

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Service animals are an important exception to the “No pets” rule

Any intelligent landlord who’s been around the tenant block a few times understands the importance of treading lightly when it comes to allowing any and all pets to live in one’s rental property. It’s not discriminatory to prohibit pets of a certain kind – or all kinds – from living on your property, as “cat owners” or “dog owners” are not a protected class. There is, however, one very important exception to this rule, and that is the service animal.

Service animals and their owners are protected by the federal Fair Housing Act, which prohibits housing providers from discriminating against applicants or tenants because of a disability. The law requires owners and landlords to make reasonable accommodations to allow those with disabilities equal opportunity to live there. This includes adjusting rules or policies, such as allowing dogs on the premises, or increasing the usual weight limit for a pet for a person who requires the assistance of an animal for a disability-related need.

Having said that, it’s important to note that a tenant with a service animal doesn’t get a free pass, exempt from all of the rules other tenants must follow. For example, they must keep their animal under control at all times and the animal must not become a nuisance or a threat to other tenants or neighbors.

The best way to handle such a situation is to keep lines of communication open with the tenant, and to review the law to make sure you are and remain in compliance.

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Avoid discrimination traps when advertising rental property

Landlords are very careful to follow the letter of the law when it comes to tenant screening and deciding who to accept as a tenant. Nobody wants to be accused of being in violation of Fair Housing laws for rejecting a particular tenant applicant.

But adhering to the Fair Housing Act begins even before the selection process. It begins with the way you advertise the rental property and market it to potential tenants. The Fair Housing Act states that it’s unlawful to publish any advertisement for the sale or rental of a home that indicates any preference, limitation, or discrimination against people who are covered by what are seen as the seven protected classes:  race, color, national origin, religion, gender, disability, and familial status (whether or not you have a child under 18 living with you). 

The biggest trap landlords fall into with regards to advertising rental property is that they go one step beyond describing the unit and also describe the type of tenant they think would be best suitable for the property. Most landlords do this to be helpful, regarding it as a smart marketing tactic to market the property to the type of person you think would be the best fit. But describing a one-bedroom apartment as being “ideal for a single person” places your ad on the non-compliance list for making yourself appear to be discriminating against families.

The best way to avoid any discrimination claims against you is to stick with a straight description of the rental property, highlighting its best features.

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