Fair Housing
Everyone has probably heard of the term "discrimination" and you can't "discriminate" when renting your units. But what does that mean exactly?
To "Discriminate" means any conduct, whether by single act or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of:
Color
Religion
National origin
Age
Sex
Marital status
Sexual orientation
Familial status
Disability
Military Status
Discrimination is very real and happens on a daily basis. While some landlords knowingly and illegally may discriminate against renting to someone, perhaps based upon the color of their skin or national origin, some landlords discriminate without even realizing it.
For example, it is illegal for a landlord to refuse to rent to someone simply because they have children (Familial Status) even though you may feel the apartment or neighborhood might not be "right for them".
Another example would be, not considering to rent to a person with a physical disability because you feel the unit would not be appropriate with their specific disability.
It is an unfair practice to unreasonably prohibit modifications needed by a handicapped tenant. Even if you as a landlord do not permit tenants in general to make alterations or additions to a structure or fixtures, it is also an unfair practice for a landlord to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy any dwelling,
However,
- The landlord is not required to pay for the alterations, additions, or restoration.
- The landlord may reserve the right to approve the design, quality, and construction of the alterations or additions in order to minimize damage to the building and enforce standards of quality and architectural compatibility.
- The landlord may, where it is reasonable to do so, condition permission for modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted.
Did you know that if you were investigated and were found to be committing unfair rental practices, you could be fined up to $10,000 on your FIRST OFFENSE...
The Geneva Landlords Association encourages all landlords to seek out more information on fair housing. Not knowing the law is no excuse. It is your responsibility to ensure that you are running your business professionally and legally. Remember that not only your actions must be non-discriminatory, but your leases and related paperwork must reflect the same.
I would encourage any landlord to contact The Geneva Human Rights Commission with any questions they have about fair housing. Maybe you are not sure if a particular practice or policy you have violates fair housing laws? They will answer your questions professionally and without judgment. They will also review your leases and rental applications and discuss with you any potential red flags. You can even remain anonymous if you wish.
You can download a copy of the Geneva's Fair Housing Law HERE.
For more information you can contact:
The Geneva Human Rights Commission
401 Exchange Street, Suite 100
Geneva, New York 14456
Phone: 315-789-8336
Fax: 315-781-0914
Email:
ghrc@capital.net