Key Takeaways
- Fair Housing compliance is essential for Oregon landlords: The Fair Housing Act applies to every stage of renting—advertising, screening, leasing, and evictions—and violations can lead to severe penalties, including fines up to $150,000 plus legal fees.
- Oregon expands protections beyond federal law: In addition to federal protected classes, Oregon law includes protections for income source, marital status, sexual orientation, and victims of domestic violence, with some cities adding even more categories.
- Common landlord practices can unintentionally violate fair housing laws: Discriminatory advertising, inconsistent screening, prohibited questions, failure to provide reasonable accommodations, or charging extra fees based on protected traits are all frequent violations.
- Consistency and awareness are the best defenses: Landlords can reduce risk by understanding all applicable laws, using uniform screening criteria, avoiding biased language, and making reasonable accommodations for residents with disabilities.
To successfully rent out your Oregon rental property, you must learn to treat residents equally and fairly according to the Fair Housing Act (FHA). The Fair Housing Act applies to eviction laws, screening procedures, marketing processes, and other aspects of the landlord-tenant relationship.
The FHA requires landlords to treat residents fairly regardless of certain protected classes. The protected classes include race, color, sex, nationality, and religion. It goes without saying that violating the FHA can result in severe penalties. In Oregon, the Justice Department can levy fines of up to $150,000, plus reasonable court and attorney fees.
In this guide by Real Property Management Ignite, you’ll learn what the Fair Housing Act is all about and what to do as a landlord.
What Is the Federal Fair Housing Act (FHA)?
The Federal Fair Housing Act is one of the most important landlord-tenant laws. As a landlord, having a clear understanding of what it entails is vital for your success.
The act is officially known as Title VIII of the Civil Rights Act of 1968. It became law on April 11, 1968, after being signed by President Lyndon B. Johnson. It applies not only to landlords, but also to other players in the industry, including:
- Real estate agents and brokers.
- Property managers.
- Home sellers.
- Home appraisers.
- Mortgage lenders and brokers.
At the federal level, the act covers residents and other parties involved in housing transactions from discrimination based on 7 protected classes. The classes are: race, sex, religion, color, disability, familial status, and nationality.
Using any of these protected classes to show favoritism or bias in your capacity as a landlord can land you in legal trouble.
What Is the Fair Housing Act in Oregon?
The Fair Housing Act in Oregon expands on the protected classes provided by federal law. It provides extra protections for residents based on the following classes:
- Income source
- Marital status
- Sexual orientation
- Status as a victim of sexual assault, domestic violence, or stalking
In addition to these, you should also check for any additional local fair housing laws in your area. An example is the city of Portland. Portland’s local code prohibits housing discrimination based on age, gender identity, and sexual orientation. Other cities with extra protections include Eugene, Corvallis, and Beaverton.
What Are Common Fair Housing Law Violations?
When administering your day-to-day duties as a landlord, the following are some discriminatory acts to avoid:
- Refusing to rent out your property based on a prospective resident’s race, skin color, religion, or nationality.
- Treating residents differently because of a protected characteristic. For example, adding a fee for a family with children, charging a higher deposit for a resident based on their nationality, or charging a disabled resident with an assistance animal a pet deposit.
- Asking prohibited questions when screening prospective residents. For example: are you Hispanic or Latino? Are you disabled? Are you gay? Are you pregnant? What faith do you profess?
- Not making reasonable accommodations to disabled people. For instance, rejecting an assistance animal due to your strict “no pet” policy.
- Steering prospective residents to a certain neighborhood.
- Advertising the property in a manner that shows discriminatory preference. For example, saying that you prefer a male resident or that the unit is ideal for a Christian couple.
Luckily, there are certain measures you can take as a landlord to avoid such potential discriminatory behavior. For information on how to properly handle a tenant’s security deposit, click here.
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How can a Landlord Avoid Fair Housing Law Violations?
Violating the FHA can have harsh penalties. You risk fines of up to $150,000 if found guilty of discriminatory behavior by the Oregon Bureau of Labor and Industries Civil Rights Division.
With that in mind, here are some tips to help you avoid violating fair housing laws as a landlord:
- Know the federal, state, and local fair housing laws that apply to you.
- Use consistent screening criteria when choosing residents. If you run credit checks, do income verification, and do employment verification, among other things, make sure to apply it to all prospective residents.
- Avoid making any statements or using any advertising that shows bias or favor based on residents’ protected classes.
- Make reasonable accommodations for residents with disabilities.
- Be cautious when making repairs or renovations. You should ensure that any changes you apply to your rental property don’t discriminate against disabled residents.
Bottom Line
To be a successful landlord in Oregon, you must take all your legal responsibilities under the statewide Residential Landlord Tenant Act seriously. These cover what you can and cannot do, including as regards the Fair Housing Act in Oregon.
For expert property management help, look no further than Real Property Management Ignite. You can trust us to provide you with quality residential property management services. Get in touch to learn more about our services!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
