What fair housing laws must landlords follow?

Fair Housing Laws Arizona Landlords Must Follow

Landlords in Arizona must comply with a range of fair housing laws designed to prohibit discrimination and ensure equal access to housing opportunities. These laws apply to the rental, sale, and financing of housing and protect tenants and prospective tenants from discriminatory practices. Understanding and adhering to these laws is essential for Arizona landlords to operate legally and maintain ethical business practices.

Federal Fair Housing Laws Applicable in Arizona

Arizona landlords are subject to the federal Fair Housing Act (FHA), which is enforced by the U.S. Department of Housing and Urban Development (HUD). The FHA prohibits discrimination in housing based on the following protected classes:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (presence of children under 18 in the household)
• Disability

Under the FHA, landlords may not refuse to rent, restrict access to housing, impose different terms or conditions, or make discriminatory statements or advertisements based on these protected characteristics.

Arizona Fair Housing Act

In addition to federal law, Arizona enforces the Arizona Fair Housing Act, which largely mirrors and reinforces the federal protections with certain state-specific provisions. The Arizona Fair Housing Act prohibits discrimination based on:

• Race
• Color
• Religion
• National origin
• Sex
• Familial status
• Disability
• Ancestry
• Marital status
• Sexual orientation
• Gender identity or expression

Key features of the Arizona Fair Housing Act:

• Inclusive Protected Classes: The Act explicitly adds protections for marital status and ancestry, as well as sexual orientation and gender identity or expression, reflecting Arizona’s commitment to expanding fair housing protections beyond federal requirements.
• State Enforcement: Complaints of discrimination can be filed with the Arizona Attorney General’s Office, which enforces the state Fair Housing Act alongside HUD.
• Coverage: The Act applies to most residential rental and sales housing in Arizona, including individual landlords and property management companies.

Reasonable Accommodations and Modifications for Disability

Both federal and Arizona law require landlords to make reasonable accommodations and allow reasonable modifications for tenants with disabilities. This means:

• Reasonable Accommodations: Adjusting rules, policies, or services to provide equal housing opportunities, such as allowing a service animal in a no-pets building.
• Reasonable Modifications: Allowing tenants to make changes to the property at their own expense to accommodate a disability, like installing grab bars in the bathroom.

Landlords must grant these requests unless doing so would impose an undue financial or administrative burden or fundamentally alter the nature of the housing.

Prohibited Practices for Arizona Landlords

To comply with fair housing laws, Arizona landlords must avoid the following discriminatory practices:

• Refusing to rent or sell housing to someone because they belong to a protected class
• Setting different terms, conditions, or rental prices based on protected characteristics
• Advertising or making statements that indicate a preference or limitation based on protected classes
• Harassing or threatening tenants based on their protected characteristics
• Steering tenants toward or away from certain properties based on race, familial status, or other protected classes
• Failing to provide reasonable accommodations or modifications to tenants with disabilities

Advertising and Marketing Compliance

When advertising rental properties, Arizona landlords must:

• Use language that is neutral and inclusive, avoiding phrases like “no children,” “Christian family preferred,” or “no disabilities.”
• Ensure all advertisements comply with both federal and state fair housing laws by avoiding discriminatory wording or images.
• Present housing opportunities fairly to all prospective tenants regardless of protected class status.

Screening and Tenant Selection

To maintain compliance, landlords should develop objective and consistent tenant screening policies. This entails:

• Applying the same screening criteria to all applicants
• Using standardized application forms without questions that could elicit discriminatory information
• Documenting decisions and reasons to avoid claims of disparate treatment
• Providing reasonable accommodations during the screening process for applicants with disabilities who request them

Enforcement and Complaint Process

Individuals who believe they have been discriminated against can file a complaint with:

• The U.S. Department of Housing and Urban Development (HUD)
• The Arizona Department of Real Estate or the Attorney General’s Office

Complaints must generally be filed within one year of the alleged discriminatory act federally and within two years under Arizona law.

Best Practices for Arizona Landlords

• Educate Yourself and Staff: Understand federal and state fair housing laws and provide training to employees or property managers.
• Use Consistent Policies: Implement and document uniform screening and rental practices.
• Respond Promptly to Accommodation Requests: Handle requests for reasonable accommodations or modifications thoroughly and respectfully.
• Keep Documentation: Maintain records of applications, communications, and decisions related to tenant selection.
• Review Advertising Materials: Ensure all marketing complies with fair housing laws prior to publication.
• Consult Legal Resources: When in doubt, seek advice from qualified legal or fair housing experts to ensure compliance.

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By following Arizona’s fair housing laws and federal mandates carefully, landlords can contribute to a fair, inclusive housing market, avoid legal penalties, and foster positive tenant relationships throughout the state.