What fair housing laws must landlords follow?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Fair Housing Laws Landlords Must Follow in Tennessee
As a landlord in Tennessee, it is crucial to understand and comply with fair housing laws that protect prospective and current tenants from discrimination. Fair housing laws ensure that everyone has equal access to housing opportunities regardless of certain protected characteristics. Compliance not only fosters equitable housing practices but also helps landlords avoid costly legal disputes and penalties.
This guide outlines the key federal and Tennessee-specific fair housing laws relevant to landlords, highlighting the protected classes, prohibited discriminatory practices, and practical considerations to maintain compliance.
Overview of Fair Housing Laws in Tennessee
Landlords in Tennessee are subject to both federal and state fair housing laws. These laws prohibit discrimination in the sale, rental, and financing of dwellings based on specific protected classes.
Federal Fair Housing Act (FHA)
Under the federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended), landlords cannot discriminate due to:
- Race
- Color
- National Origin
- Religion
- Sex (including gender identity and sexual orientation, as interpreted by recent federal guidance)
- Familial Status (presence of children under 18 or pregnant women)
- Disability
Tennessee Human Rights Act (THRA)
Tennessee’s own law, the Tennessee Human Rights Act (T.C.A. § 4-21-401 et seq.), parallels and expands upon the federal law by prohibiting discrimination in housing based on:
- Race
- Color
- National Origin
- Ancestry
- Religion
- Sex
- Disability
- Familial Status
- Age (in certain housing types)
- Source of Income (including lawful public assistance or subsidies)
Protected Classes Under Tennessee Fair Housing Laws
Both the FHA and THRA protect tenants from discrimination based on the following classes:
| Protected Class | Description |
|---|---|
| Race | Prohibits discrimination based on race. |
| Color | Discrimination based on skin color is prohibited. |
| National Origin | Protection against discrimination due to country of birth, ethnicity, or ancestry. |
| Religion | Protects religious beliefs and practices. |
| Sex | Includes protection against discrimination based on gender, with increasing recognition of gender identity. |
| Familial Status | Protects families with children under 18 years old or pregnant women. |
| Disability | Requires landlords to make reasonable accommodations and allow modifications for tenants with disabilities. |
| Age | Tennessee’s law includes age-related protections for certain housing situations. |
| Source of Income | Tennessee prohibits discrimination against applicants receiving lawful sources of income such as Section 8 vouchers or other public assistance. |
| Ancestry | Protects individuals from discrimination based on ethnic background. |
Prohibited Practices for Tennessee Landlords
Landlords must refrain from any discriminatory conduct involving:
- Advertising: Avoid language expressing preference, limitation, or discrimination related to protected classes. For example, stating "no children" or "females only" is prohibited.
- Screening Applications: Applying different application criteria such as credit score, income requirements, or background checks unequally based on protected characteristics.
- Refusal to Rent or Sell: Denying housing solely because of an applicant’s membership in a protected class.
- Setting Different Terms or Conditions: Charging higher rents, security deposits, or imposing different lease terms based on protected classes.
- Harassment or Retaliation: Harassing tenants or applicants, or retaliating against those who assert their fair housing rights.
- Failure to Reasonably Accommodate Disabilities: Landlords must allow reasonable accommodations (e.g., service animals, parking spaces) and allow reasonable modifications at tenants’ expense when necessary for a disability.
- Steering: Guiding prospective tenants toward or away from certain neighborhoods based on race, color, or other protected identity.
Special Protections: Disability and Reasonable Accommodations
Tennessee landlords have specific obligations when renting to individuals with disabilities:
- Allow Reasonable Accommodations: This may include waiving “no pets” policies for service or emotional support animals, providing reserved accessible parking spaces, or allowing entry to caregivers.
- Permit Reasonable Modifications: Tenants with disabilities may request to modify units (e.g., grab bars, ramps) at their own expense. Landlords cannot unreasonably withhold permission.
- Ensure Accessibility: New multifamily housing built after March 1991 must comply with accessibility standards under the FHA.
Source of Income Protections in Tennessee
One notable Tennessee-specific protection that goes beyond federal law is the prohibition against discrimination based on lawful source of income. This commonly includes:
- Section 8 Housing Choice Vouchers
- Social Security or disability benefits
- Other government assistance programs
Best Practices for Tennessee Landlords to Ensure Fair Housing Compliance
Adhering to fair housing laws benefits both landlords and tenants. The following practical steps can reduce the risk of violations:
- Provide Equal Treatment: Apply rental criteria uniformly for all applicants.
- Use Neutral Advertising: Avoid language implying preferences based on protected classes.
- Maintain Clear, Written Policies: Document tenant application requirements, lease terms, and grievance procedures equally.
- Train Staff: Ensure anyone involved in leasing understands fair housing requirements and best practices.
- Promptly Respond to Accommodation Requests: Have a clear process for handling disability accommodation/modification requests.
- Keep Detailed Records: Maintain written records of applications, communications, and decisions to show nondiscriminatory conduct.
- Consult Legal Guidance: Periodically review policies with legal counsel experienced in Tennessee landlord-tenant and fair housing law.
Enforcement and Remedies
Individuals who believe their fair housing rights have been violated may file complaints with:
- The Tennessee Human Rights Commission
- The U.S. Department of Housing and Urban Development (HUD)
- Local agencies in some Tennessee cities
Conclusion
Landlords operating in Tennessee must comply with both federal and Tennessee fair housing laws designed to eliminate housing discrimination. Familiarity with the protected classes, prohibited practices, and accommodation obligations is essential to provide equal housing opportunities.
By implementing consistent, unbiased rental policies, maintaining fair advertising standards, and responding properly to accommodation requests, Tennessee landlords can effectively meet their legal responsibilities while fostering a positive community reputation.
Understanding and adhering to Tennessee’s fair housing framework safeguards landlords from legal risks and promotes a fair and inclusive rental market for all Tennesseans.