Fair housing law is a complex web of federal, state, and local laws. Landlords can easily get caught in that web unwittingly.
Fair housing complaints can spring from screening practices, disputes over whether an animal is a pet or a legitimate support animal, or not displaying an equal housing poster.
The laws about screening for criminal history cause much confusion.
Under federal guidelines, even when there is a criminal conviction landlords must a landlord “must still be able to prove that such policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest. A housing provider that imposes a blanket prohibition on any person with any conviction record – no matter when the conviction occurred, what the underlying conduct.” Instead, landlords must make an individualized assessment taking into consideration factors such as the facts or circumstances surrounding the criminal conduct; the age of the individual at the time of the conduct; evidence that the individual has maintained a good tenant history before and/or after the conviction or conduct; and evidence of rehabilitation efforts. Also, an arrest without a conviction is not proof of a crime.
Seattle’s Fair Chance law essentially bans criminal background checks except under narrow circumstances.
Emotional support animals are legally considered as not pets. It does not take a lot for a tenant to document an animal as an emotional support animal and inquiring into the tenant’s health or disability can lead the landlord into trouble.
Landlords can be fined for failing to display a fair housing poster, or just displaying the wrong one.
There are many other ways in which landlords can innocently step into a legal quagmire. Fair housing complaints can lead to penalties of thousands of dollars. If you have received a fair housing complaint it is best to consult with an attorney at the earliest possible stage of the process.