Fair Housing in Apartment Leasing

Whether you’re leasing a small multifamily property, a luxury high-rise apartment, or an affordable housing unit, the same Fair Housing Act (FHA) rules apply nationwide. The FHA – enacted as part of the Civil Rights Act of 1968 – prohibits discrimination in housing. This means you cannot refuse to rent, set different lease terms, or misrepresent availability based on protected characteristics​ inman.com. In short, every qualified renter gets an equal shot at housing, and real estate agents play a key role in making that happen ​inman.com. Fair housing isn’t just a legal duty – it’s central to being an ethical, professional agent. (Plus, violations can lead to hefty fines and lawsuits​ chandleraz.gov, so it’s vital to get it right!)

Here, we’ll cover the national fair housing guidelines that every leasing agent should know. We’ll explain who’s protected, what practices to avoid, and how to handle common scenarios – with example scripts for communicating fairly and effectively. Let’s dive in!

The Fair Housing Act (FHA)

The Fair Housing Act is the federal law that bans housing discrimination in essentially all types of housing. It covers rentals, sales, financing – virtually every housing transaction. There are only a few narrow exceptions (more on those in a moment), but in general the law applies to almost all housing, whether private, public, or federally assisted ​hud.gov. If you’re a licensed agent or broker involved in leasing, you should assume Fair Housing rules do apply to your property.

Who is protected? The FHA prohibits discrimination based on these seven protected classes ​hud.gov:

• Race
• Color
• Religion
• Sex (which includes sexual orientation and gender identity under HUD’s rules ​nar.realtor)
• National Origin
• Familial Status (having children under 18, pregnant women, or anyone securing custody of a child)
• Disability (physical or mental impairments that substantially limit major life activities)

In plain language, you cannot treat people differently in housing because they are in one of those groups. For example, you can’t favor single renters over families with kids, or refuse to rent to someone because of the country they come from or the religion they practice. It’s also illegal to harass or intimidate someone because of a protected trait (for instance, sexual harassment of a tenant is considered sex discrimination) ​hud.gov.

What housing is covered? The FHA is very broad – it covers most rental properties nationwide ​hud.gov. The law does not care if your listing is a budget-friendly unit or a high-end penthouse – fair housing rules apply equally. There are a few exemptions in the law, but they are very limited.

For example, an owner-occupied building with 4 or fewer units (the classic “Mrs. Murphy” exemption) or a single-family home rented without a broker might be exempt from federal FHA requirements ​hud.gov.

However, these exceptions disappear when an agent or broker is involved. In practice, if you’re representing a landlord or advertising a rental, you should assume the Fair Housing Act applies. Also, many states and localities have their own fair housing laws that cover even small owner-occupied rentals or add extra protected classes ​inman.com.

Additional protected categories? Note that while the federal law’s seven classes are the minimum, some states and cities have expanded protections. It’s common to see laws banning discrimination based on sexual orientation, gender identity, source of income, age, marital status, military service, etc. ​inman.com.

For instance, as of 2021 HUD interprets “sex” to include LGBTQ+ status federally ​nar.realtor, and a majority of states also explicitly protect those categories. The National Association of REALTORS® Code of Ethics goes further as well – it prohibits Realtors from discriminating based on sexual orientation or gender identity in addition to all the FHA categories ​inman.com.

Bottom line: Know your federal law and check your state/local laws, and when in doubt, be inclusive. It’s best practice (and just good business) to welcome all qualified renters without bias.

What Practices Are Prohibited?

So, what exactly is housing discrimination under the law? In a nutshell, it’s any difference in how you treat people in a housing situation that is based on one of those protected characteristics. The Fair Housing Act makes it illegal to “make unavailable or deny” a dwelling to someone because of a protected trait ​inman.com. Here are some specific examples of prohibited actions in leasing and property management:

• Refusing to rent to someone because of a protected class. (E.g. telling an interested applicant that you won’t rent to families with children – blatantly illegal.)
• Falsely stating that a unit is unavailable in order to avoid renting to a person of a certain race, religion, etc. (E.g. a caller with an accent is told “sorry, nothing available,” when in fact units are open – this is a classic discriminatory tactic and violates the FHA ​hud.gov.)
• Offering different lease terms, conditions, or privileges to different people. (E.g. requiring a higher security deposit from an applicant because they have kids, or only allowing certain tenants to use the gym or pool.) All applicants and tenants must be given the same terms if they are similarly qualified ​hud.gov.
• Discriminatory advertising. It is illegal to make, print, or publish any notice or advertisement that indicates a preference, limitation, or discrimination based on a protected class​ hud.gov. This means your rental ads, flyers, online listings, etc., cannot express (even subtly) a bias for or against any group. (We’ll discuss advertising dos and don’ts in detail below.)
• Steering or segregating tenants. You may not “assign” or steer people to certain units, floors, or buildings based on protected characteristics​ hud.gov. For example, you cannot cluster families with kids in one building or on the ground floor only, or tell a prospect of a certain ethnicity that they “might be more comfortable” in a different complex. Let the renter choose what they want to see – your job is to present options fairly, not guide them based on who they are.
• Unequal services or harassment. After someone moves in, the law continues to protect them. You cannot provide inferior maintenance or services to a tenant because of their race or other protected trait ​hud.gov. You also must not harass or allow a hostile environment (e.g. tolerating a building manager who sexually harasses female tenants, or ignoring complaints of racial slurs from another tenant). Harassment of tenants due to protected status – including sexual harassment – is a direct FHA violation ​hud.gov.
• Retaliation is illegal. If a tenant or applicant files a fair housing complaint or even raises the issue, you cannot retaliate by evicting them, increasing rent, or other punishment​ chandleraz.gov. For instance, you give a rule-violation notice to a tenant, they complain it’s unfair, and then you immediately issue an eviction notice – that could be seen as retaliation​ chandleraz.gov. Always handle rule enforcement consistently, and never penalize someone for exercising their fair housing rights.

Real World Example: In one recent case, a landlord who blatantly discriminated and harassed tenants faced a $2.13 million settlement – one of the largest ever​ american-apartment-owners-association.org. The landlord had treated white tenants better than Black tenants and even displayed racist symbols, resulting in a DOJ lawsuit. The lesson is clear: housing discrimination is taken very seriously, and penalties can be severe. Even less egregious violations (like “innocent” steering or inconsistent policies) can lead to complaints, fines, and legal trouble. As an agent, you have a professional and legal obligation to avoid even the appearance of discrimination.

Now that we know the basics of what not to do, let’s talk about how to actively comply and communicate in a way that upholds fair housing. The goal is to make every prospective renter feel welcome and to handle every step – from advertising to lease signing – in a consistent, fair manner.

Inclusive Advertising and Marketing: Describe the Property, Not the People

Advertising is often the first place fair housing issues can arise in leasing. The rule of thumb for rental advertisements (online listings, brochures, signs, etc.) is focus on the property and its features – not on the “ideal” tenant. Remember, it’s illegal to publish any ad that indicates a preference or limitation based on protected class ​hud.gov.

What to avoid

Even subtle language can be problematic. Phrases that signal a preferred type of tenant should be avoided. For example, don’t say “Perfect for a single professional” or “Ideal for empty nesters” – that could be read as excluding families with children or others ​nar.realtor.

Similarly, never use phrases like “no kids,” “adults only,” “Christian community,” or “English-speaking only” in ads – those are obvious red flags for discrimination (familial status, religion, national origin).

Even something like “walking distance to synagogue” could imply a preference toward a certain religion, so it’s better to phrase neutrally (“0.5 miles to Downtown Center” instead). Avoid euphemisms or code words that relate to protected groups. If in doubt, leave it out.

What to do instead

Emphasize the property’s amenities, features, and location. It’s perfectly fine to say “Quiet, tree-lined street” or “Spacious two-bedroom with playground and pool onsite.” Describing features is great – just don’t link them to a specific type of person. NAR guidance puts it well: describe the property, not the ideal tenant ​nar.realtor.

For instance, you can advertise “Near public transit” or “Easy walk to train station,” which is factual, but stay away from saying “Convenient for young professionals”​ nar.realtor. The latter could be seen as discouraging other ages or family types.

Also, make sure any images in your marketing are inclusive. HUD guidelines suggest that if you use human models in ads, they should represent a diversity of people (majority and minority groups, different ages, etc.), so you’re not signaling a preference for a certain race or family status​ mymetrotex.com.

Most large property managers include the “Equal Housing Opportunity” logo or slogan in rental ads and on websites – while not legally required on all ads, it’s a best practice to visibly show that you comply with fair housing. It sets an inclusive tone and can protect you by indicating you know the rules. You can download the official logo here.

Finally, if you advertise in multiple venues, be consistent. Don’t, for example, run an ad in Spanish that has different terms or excludes something that your English ad includes – that could be viewed as discriminatory. Advertise honestly and broadly. Casting a wide net is not only fair, it’s good for business.

Working With Prospective Renters: Same Welcome for Everyone

When inquiries start coming in, it’s crucial to provide the same level of service and information to every prospective tenant. Many fair housing complaints begin with a phone call or tour that went differently for one person than another.

Respond to all inquiries consistently

If you have a set process (e.g. you always do a brief pre-screen or you send an application link), do that for everyone. Don’t screen people out on the phone based on how they sound or their name. (Testing studies have shown that sometimes renters with “ethnic-sounding” names get fewer callbacks – be mindful and treat every lead equally.)

Offer to show all available units in the prospect’s criteria.

Do not steer. Even if you think a certain building or area might suit them “better,” let the customer decide. For example, if you have multiple properties, show the same options you would show anyone else with their preferences. Steering – guiding people toward or away from certain homes or neighborhoods based on their race, national origin, etc. – is illegal​ nar.realtor. It can be as subtle as making comments like, “I think you’d be happier in [another building/neighborhood].” Avoid that entirely.

Be consistent with courtesy and info

Provide the same details about amenities, application steps, and follow-up to everyone. If you offer one prospect a rental brochure or a tour of the gym, do the same for all. Inconsistencies can later be construed as discrimination if a pattern emerges.

Answering sensitive questions

Prospective tenants often ask questions that, if an agent isn’t careful, could lead into fair housing trouble. Common examples include: “Is this a safe neighborhood?” “Are there a lot of kids/families here?” “What kind of people live in this building?” “How are the schools in this area?” These are loaded questions – an honest answer might stray into topics of race, ethnicity, or family status. Yet you want to be helpful. How do you respond?

The key is to provide objective information, not personal opinions or assumptions. You can inform the client while staying neutral on protected characteristics. Here are a few example scenarios and agent scripts to navigate these questions:

Q: “Is this a safe neighborhood?”

A: “I understand safety is really important. I can’t personally guarantee how safe you’ll feel, but I can point you to the city’s crime statistics for this area. For example, the local police department publishes an online crime map – let’s take a look at that so you can make an informed decision.”​ empirelearning.com.

Why? This response avoids saying “Oh, it’s very safe” or the opposite – both could be subjective and potentially seen as steering. Instead, you’re giving factual resources (crime data) without personal bias.

Q: “What kind of people live in this building/neighborhood? We don’t want to end up next to loud parties.”

A: “Our community is pretty diverse. Because fair housing rules are strict, I stay away from characterizing residents by any personal traits​ empirelearning.com.

However, I can tell you about the building’s features and policies – for instance, we do have quiet hours after 10pm and a mix of one-bedroom and two-bedroom units. If it helps, the U.S. Census website has some public demographic info by ZIP code – I can show you how to find that data for this area so you get a sense of the community.”​ empirelearning.com.

Why? Here you’re gently educating the prospect (“fair housing rules are strict”) and steering them toward neutral info. You’re not divulging any protected info like “Mostly [ethnicity]” or “Lots of families” – divulging that could be seen as steering or indicating a preference. Instead, you focus on what is relevant (quiet hours, unit types) and offer a way for them to research demographics on their own if they really want to.

Q: “Are the schools good here? We have a 7-year-old.”

A: “I can’t personally rate the schools, but I can direct you to some resources. The local school district’s website has performance reports and there’s a state education site with school ratings. Many of our residents check those to decide if the schools meet their needs. I can send you the links so you can review things like test scores and programs.”​ empirelearning.com.

Why? School quality often correlates with demographics, so an agent has to be careful. By referring them to objective, third-party sources, you avoid inserting your opinion (which could be seen as a coded way of saying who lives in the area). You’re still being helpful – acting as a “source of sources” for the client, as some brokers say – without violating fair housing. This approach was recommended by a former NAR president: provide the data and let clients draw their own conclusions​nar.realtor ​nar.realtor.

In all these scenarios, notice what we did: We stayed factual, offered assistance, but avoided personal value judgments. It’s absolutely fine to say, “I can’t answer that directly because of fair housing, but here’s what I can share…”.

Most clients will understand that you as an agent have to remain neutral. In fact, NAR advises agents to give buyers/renters the tools to evaluate neighborhoods themselves, rather than making statements that could be subjective or discriminatory ​nar.realtor. This protects you and empowers the client.

If a prospect pushes for an answer that would violate fair housing, hold your ground professionally. For example, if someone says, “But you must know if there are a lot of [a certain ethnic group] here,” you can respond: “I’m sorry, I can’t speculate about who lives here. I can only talk about the property features. We welcome all qualified residents here.” Reinforce that you follow the law. It’s better to lose a tenant with a bias than to violate fair housing to appease them.

Tip - Have a list of go-to resources for common questions (crime maps, school reports, transit maps, local amenities). That way you can quickly pivot a tricky question into a helpful, factual discussion. Being prepared makes it easier to handle these situations confidently and consistently.

Applications and Screening

The application process is another critical stage where unintentional discrimination can creep in. To protect yourself, establish a uniform screening process and stick to it for every applicant. Here’s how.

Create written criteria for approval and share them

For example, your criteria might include: minimum credit score, income at least 3x rent, no violent criminal history, positive rental references, etc. By having this written down and giving it to every applicant upfront, you set a level playing field. It also helps prove later that you applied the same standards to everyone.

Apply your criteria uniformly

If you require background checks, run them on everyone. Don’t, for instance, only do extra employment verification on applicants of a certain race or only ask for additional documents from immigrants. That would be a clear fair housing violation (different standards based on national origin, etc.)​ ashokalion.com.

Likewise, if you normally allow a co-signer for someone with weaker credit, offer that option to anyone who meets the same situation – not just to, say, younger applicants but not older ones, etc. Treat comparable applicants comparably.

First-come, first-served or best-qualified?

Decide in advance how you will choose among multiple qualified applicants, and document it. Some landlords go by first complete application received, others by most qualified (e.g. highest income/credit). Both can be okay if legal in your area – the important thing is to avoid any selection method that could be influenced by a protected trait.

If your process is fuzzy, implicit bias could creep in (even unintentionally). So set a policy (date/time stamp applications or rank by criteria) and stick to it. This helps defend against a claim that you picked one person over another for discriminatory reasons.

Watch out for disparate impact

Be aware that even a neutral policy can be problematic if it disproportionately excludes a protected group without a justified business reason. A famous example: blanket “no criminal record” policies. In 2016, HUD warned that such policies might violate the FHA because they can disproportionately impact African Americans and Hispanics (who have statistically higher arrest rates) ​forbes.com.

It doesn’t mean you can’t consider criminal history at all, but you should tailor it to legitimate concerns (e.g. violent crimes or recent drug manufacturing convictions might be disqualifying, but an old non-violent offense might not). Similarly, an overly high income requirement could unintentionally screen out certain groups. Make sure your criteria are truly connected to being a good tenant and consistent with industry norms.

No selective leniency

It can be a pitfall to bend rules for one applicant and not another. For instance, maybe you have a policy requiring full-time employment, but you make an exception for one person (perhaps because you clicked with them) but deny another with the same situation.

If the one you denied happens to be in a protected class and the one you accepted isn’t, that’s a liability. The safest route is to apply your written criteria strictly and fairly.

If you do make an uncommon exception, document why (and ensure it’s not due to a protected trait). Consistency is your friend – it’s not only fair, it also protects you legally.

Screening companies and AI

If you use tenant screening services or algorithms, be sure they comply with fair housing too. Sometimes scoring systems can inadvertently favor or disfavor certain groups. Use reputable services, and if an applicant disputes something (e.g. says a credit report is wrong), give them a fair chance to provide clarification or correct errors.

Note - One thing that’s not a protected class under federal law is financial status or source of income. You can reject someone for not meeting income or credit requirements as long as you apply those standards equally. However, be aware that some states and cities do protect source of income (particularly to prevent discrimination against Section 8 voucher holders).

Even if not required federally, some experts recommend treating voucher or assistance income like any other lawful income in your criteria. Always check local law. On a federal level, you can choose not to participate in a voucher program, but you cannot apply different qualifications to someone because they have a housing voucher or need affordable housing.

For instance, if you do accept vouchers, you shouldn’t impose a tighter standard on voucher tenants out of bias. And keep in mind, refusing to rent to someone because they receive public assistance could intersect with race or disability discrimination (since those programs often serve protected populations). When in doubt, focus on the individual’s qualifications, not the source of their income.

Disability and Reasonable Accommodations

Persons with disabilities are a protected class under the FHA, and there are special rules to ensure they have equal housing opportunity. As an agent or landlord, you must be prepared to make reasonable accommodations or allow reasonable modifications for disabled applicants and tenants​ hud.gov.

What does this mean? In practice:

• If a prospect or tenant has a service animal or emotional support animal, it is not considered a pet under fair housing laws. Even if a building has a strict “no pets” policy, you generally must allow a service or support animal as a reasonable accommodation for a person with a disability​ ashokalion.com. You cannot charge pet rent or a pet deposit for an assistance animal (though the tenant can be responsible for any damages it causes). You are allowed to ask for limited verification of the disability-related need for an emotional support animal (typically a note from a medical professional), but you cannot require an official “certification” or inquire about the person’s exact diagnosis. The key is to engage in a sensible, good-faith process: if someone requests an accommodation for an assistance animal, provide a simple form or instructions for verification, and process it promptly. Don’t flat-out refuse because of a no-pet policy – that will violate the FHA.
• If a disabled applicant asks for a change in your policies or procedures to have an equal chance at housing, you likely need to grant it if it’s reasonable. This is a reasonable accommodation. For example, waiving a parking rule to give a mobility-impaired tenant a reserved spot near the entrance is a common accommodation – even if you normally don’t reserve parking ​chandleraz.gov. Or allowing a live-in aide to stay in a one-bedroom unit that’s technically only for two people, because the tenant needs a caregiver. These are typically reasonable requests. You don’t have to do anything that causes an undue financial or administrative burden or fundamentally alters the housing, but most accommodations (like a parking space, or allowing an exception to a rule) are not very costly. Work with the person to find a solution.
• If the property itself isn’t accessible, a disabled tenant may request a physical modification (e.g. installing a ramp, grab bars, etc.). In private housing, the tenant usually pays for the modification (or a program does), but you must allow it unless it’s structurally infeasible. For example, you should allow a wheelchair user to install a ramp on a single-step entry, or let a deaf tenant install a doorbell light. In rentals, you can require the unit be restored to original condition at move-out (within reason). Properties that were built after March 1991 with 4+ units have to meet certain accessibility design standards by law, but older buildings might not. Regardless, be open and helpful about modifications – denying a needed modification outright could be discrimination.
• “Treating everyone the same” is not always fair in this context. In fact, fair housing law requires you to sometimes treat disabled individuals differently (with accommodations) so they have equal opportunity ​kylandlordlaw.com ​kylandlordlaw.com. For example, if you strictly enforce “no exceptions” to a rule even when a reasonable accommodation is requested, that’s a violation. A quick example: You have a no-pets policy and apply it uniformly – but a veteran with PTSD requests an exception for her support dog. If you say “No, rules are rules,” you are now discriminating (denying a needed accommodation for a disability) ​kylandlordlaw.com. The fair housing laws expect you to be flexible when needed to give someone with a disability the same access to housing. So, consistency is vital for things like income/credit standards, but when a disability-related request arises, consistency means consistently honoring accommodation duties.

The best practice when you get an accommodation request is: respond promptly, get any necessary verification in writing, and grant the request if it’s reasonable. If it’s not reasonable as stated, engage in dialogue to see if an alternative would work. Keep documentation of all requests and your responses. Also, never retaliate or get annoyed at the person for asking – it’s their right. If you’re unsure about a request’s legitimacy, consult with a knowledgeable broker or attorney rather than just refusing.

A quick note on designating units: You cannot segregate or fail to accommodate by saying things like “We don’t have any accessible units, so we can’t rent to you” – you should allow the person to decide if the unit can be made to work for them or not. And if a unit can be reasonably modified to accommodate them, that’s part of the process above.

Special Cases: Familial Status and Senior Housing

Familial status (having kids) is a protected class that sometimes trips up well-meaning landlords. Since 1989, it’s been illegal to deny housing to families with children or impose special rules on kids (other than reasonable safety rules)​ chandleraz.gov​ chandleraz.gov.

“Adults only” complexes are not allowed unless they qualify as senior housing. So you cannot advertise “no children,” refuse to rent to a family because you fear kids might be noisy, or put all tenants with children in one area of a complex.

You can have reasonable occupancy limits for safety or septic limits, etc., but they must be applied evenly and based on size of unit, not the ages of the kids. HUD’s guideline (known as the Keating Memo) presumes that 2 persons per bedroom is a reasonable standard in many cases. If you set a lower limit (like “no more than 3 people in this 2-bedroom”), you could be challenged for discriminating against families ​chandleraz.gov.

Even a 2-per-bedroom policy can be problematic if you, say, refuse to count an infant as an extra person – HUD generally expects some flexibility (an infant typically doesn’t count as an additional “person” for occupancy). And any occupancy rule should be consistently enforced and based on legitimate reasons (e.g. unit size, local code)​ chandleraz.gov.

Also avoid overly restrictive rules on children. Rules that only target kids – like “no children in the gym or pool at any time” – are likely unlawful unless there’s a compelling safety reason and no less restrictive way to ensure safety ​naahq.org​naahq.org.

For example, requiring adult supervision of kids in a pool area is okay (safety reason), but banning kids entirely from a pool or common area is not. A DOJ official once emphasized, “an apartment complex may not impose conditions on families with children that it does not impose on other residents.”​ naahq.org

In short, don’t single out families for different treatment. If you have quiet hours or rules, apply them to everyone, not just kids. A rule like “No playing in the hallways or parking lot” is acceptable if it’s for everyone, not “No children playing outside at all” which unfairly targets kids.

Senior housing exception

The only time housing can exclude children legally is if it meets the FHA’s “Housing for Older Persons” exemption. This requires that the property is intended and operated for seniors – either 100% for ages 62+, or at least 80% of units have at least one occupant 55+ and the community adheres to policies recognizing itself as 55+ housing.

If – and only if – those criteria are met, the property can lawfully market as “55+ community” or “no under-18 residents.” Unless you are managing a verified senior housing community, you cannot turn away families.

So be cautious: some small landlords think they can say “no kids” simply because they prefer quiet – that is illegal discrimination. As an agent, educate your clients (landlords) on this. Since 1988, familial status is protected by federal law​ chandleraz.gov.

Best Practices for Fair Housing Success

Compliance is not just about avoiding violations – it’s about creating a professional, welcoming business that treats everyone fairly. Here are some best practices to help you uphold fair housing principles and avoid common pitfalls.

Adopt a written Fair Housing policy

If you’re a broker or team leader, have a clear office policy that you follow and distribute to agents. State that you follow the FHA and applicable laws, list the protected classes, and spell out that discrimination will not be tolerated. This sets the tone that your team takes it seriously. Even if you’re an individual agent, writing down your own commitment and procedures can be helpful.

Display the Equal Housing Opportunity poster and logo

HUD provides a free fair housing poster. While not mandatory for all housing providers, it’s strongly recommended to post it in your leasing office or website. It signals to prospects that you know the law. Some states require the poster or a fair housing notice be displayed. Similarly, using the “Equal Housing Opportunity” logo or slogan in your marketing materials is a quick way to communicate your stance (and it’s often required in ads for REALTORS® or apartment associations). It’s an easy win – takes two seconds to add that logo to your flyer or email signature.

Provide training for you and your staff

Laws evolve (for instance, interpretations on LGBTQ protections, criminal background guidance, etc., have updated in recent years). Make sure you stay educated on fair housing. Attend a seminar or course annually if you can ​chandleraz.gov.

Many Realtor associations offer classes, and April is Fair Housing Month which often features events. If you have leasing agents under you, train them at least once a year on fair housing ​chandleraz.gov.

It’s worth it – one lawsuit or HUD complaint can cost far more than a training session. Also keep reference materials handy for quick questions (HUD’s website, NAR articles, etc.).

Keep records of your interactions and decisions

Good recordkeeping can be a lifesaver if a complaint arises​ chandleraz.gov. Suppose someone claims you didn’t offer them an apartment due to discrimination – if you have thorough documentation showing that you processed their application with the same criteria as others and they failed to meet a neutral requirement, that helps your case.

Keep notes of unit showings (who toured, dates), applications received, reasons for denial, and any communication regarding accommodations. Save emails and application forms. This can demonstrate your consistent process. Landlords who “wing it” and have no paper trail are more vulnerable if accused​ chandleraz.gov.

Treat complaints or concerns seriously

If a prospect or tenant ever says, “I feel this is discriminatory,” do not brush it off. Sometimes just discussing the issue and showing you’re willing to address it can prevent escalation. Never retaliate ​chandleraz.gov – instead, step back and evaluate if there’s any validity.

Consult with your broker or legal counsel if needed. It’s better to resolve or clarify early than to end up with a formal HUD complaint.

Don’t allow others to discriminate on your watch

If you are the listing agent for a rental and your client (the landlord) makes an illegal request (like “Please don’t rent to [a certain group]”), you must refuse to comply. In fact, you should educate them that such discrimination is illegal. The law holds agents and brokers liable if they carry out discriminatory instructions​ justice.gov.

For example, NAR warns sellers and landlords not to ask agents to violate fair housing – everyone involved has to steer clear of discrimination​ realestatenews.com.

If a client persists in a discriminatory direction, it may be best to withdraw from the assignment. No deal is worth breaking the law (or your ethical code). Likewise, if you oversee a team, don’t turn a blind eye to an agent “screening” prospects in a potentially biased way. Foster a culture where fairness is the norm.

Market to a broad audience

Sometimes exclusivity in marketing can lead to lack of diversity in your applicant pool, which isn’t outright illegal, but goes against the spirit of fair housing.

For instance, if you only advertise luxury apartments in a country club newsletter, you might not reach many minority or family renters. Consider using various marketing channels to attract a diverse applicant pool. This can help ensure you’re truly giving equal opportunity for all to apply.

When in doubt, ask for guidance

Fair housing situations can be complex. If you’re unsure about a scenario (say, a borderline accommodation request or an unusual question from an owner), reach out to resources.

You can call HUD’s help line or your state civil rights agency for general advice. NAR’s legal hotline or your local apartment association might help. Better to take a moment to get advice than to make a snap decision that could be wrong.

Common Pitfalls to Avoid (and How to Avoid Them)

Even experienced agents can slip up if they’re not careful. Here are some frequent fair housing pitfalls in leasing – keep these in mind.

Making assumptions about applicants

Don’t assume an individual’s preferences or suitability based on their demographics. For example, thinking “This family won’t like our small units, I won’t bother showing it” or “That person uses a wheelchair, they probably can’t handle the second-floor apartment”.

Always let the applicant decide what works for them. Your job is to present options, not to filter people out because you think you know what they need or what “people like them” prefer. Such assumptions, even if well-intentioned, are a form of disparate treatment.

Inadvertent remarks or jokes

Be extremely cautious with humor or comments that touch on protected traits. What you consider a harmless joke (“Oh, you people sure love to cook spicy foods!” or “This building is great for singles – no kids to make noise, haha”) can come off as discriminatory or hostile.

Keep communications professional and bias-free. If a prospect or tenant makes a prejudiced comment, don’t agree or laugh – politely redirect or state that you treat all residents equally. It’s important to maintain that professional stance.

Inconsistent rule enforcement

Once tenants move in, ensure you enforce lease rules evenly. Don’t, for instance, overlook noise complaints about a young couple but cite a family with kids for the same noise level.

If you give warnings for late rent, give them to all who are late, not just some. Many complaints arise when a tenant perceives they were targeted due to bias. Consistency will help avoid that​ chandleraz.gov.

Failure to accommodate (or delaying it)

As mentioned, ignoring or denying disability accommodation requests is a big pitfall​ ashokalion.com. Also, respond promptly – unnecessarily delaying a response can be effectively denying it.

If you need more information on an accommodation request, ask in writing and don’t drag your feet. Showing you are actively working with the tenant goes a long way.

Unreasonable occupancy rules

Setting an occupancy limit like “1 person per bedroom” or “no more than 2 kids total” will almost certainly land you in trouble for familial status discrimination ​chandleraz.gov.

Stick to reasonable standards (2 per bedroom as a guideline) and consider factors like unit square footage. And always apply the same rule to every household. If you do have a very small unit where 2 per bedroom might truly be too many, document why (e.g. septic capacity). But as a general rule, err on the side of inclusion.

“Preferred tenant” syndrome

This is when a landlord (or agent) has a picture of their “ideal tenant” and subtly or overtly weeds out those who don’t fit it. For example, only renting to young professionals because they think they’re more affluent, or preferring a certain ethnic group they’re comfortable with.

This is discriminatory and illegal. Every applicant should be evaluated on objective criteria, not whether they fit an image. Remind clients who express this that choosing tenants that way is against the law. Sometimes owners are unaware – part of an agent’s job is to educate them.

Retaliation and poor communication

If a tenant complains about something involving fair housing, do not let frustration cause you to act rashly (like issuing a notice or being terse). Retaliation is illegal, as noted. Also, many disputes can be diffused with clear, calm communication ​chandleraz.gov.

If you must take adverse action (like not renewing a lease), make sure it’s for legitimate reasons and ideally not immediately after a complaint. And explain decisions when you can.

For example, if you have to send a lease violation notice, you might politely clarify “this is a standard notice to address X issue, we give these to any resident as needed” so they know it’s not targeted​ chandleraz.gov. Prevent misunderstandings that could escalate.

Forgetting updates in law or local rules

Fair housing isn’t static. New protected classes can be added (recently, many places added Source of Income; federally, LGBTQ protections via interpretation). Stay aware of changes.

What was legal last year might not be this year if your city passed a new ordinance. Make it a habit to review any updates via HUD or your state housing department.

Not asking for help

Perhaps a less obvious pitfall: trying to handle a tricky situation alone and guessing wrong. There’s no shame in seeking guidance on a fair housing question – it shows diligence. Many organizations (HUD, fair housing agencies, trade associations) are there to help with questions. Use them, rather than risking a mistake.

Fair Housing Builds Better Business

Remember, fair housing is a fundamental part of our industry’s ethics. Organizations like NAR and NAHREP emphasize it strongly. (In fact, NAHREP’s Code of Trust explicitly requires members to adhere to Fair Housing laws and related executive orders ​nahrep.org, and NAR’s Code of Ethics Article 10 has banned discrimination on even more categories than federal law​ inman.com.)

Upholding these principles is part of being a REALTOR® or real estate professional in good standing. It’s also the right thing to do for our communities – fair housing helps create diverse, thriving neighborhoods and gives everyone a shot at housing opportunity.

As you work with a variety of property types – from affordable housing developments to luxury apartment communities – keep this guide handy. The settings may differ, but the core fair housing guidelines remain the same.

By advertising honestly, communicating carefully, and applying policies consistently, you can confidently lease apartments in compliance with the law.

Know the rules, commit to them, and weave fairness into every step of your leasing process. If you do that, you’ll not only avoid legal pitfalls and complaints – you’ll be contributing to the larger goal that the Fair Housing Act set out over 50 years ago: to eliminate housing discrimination and ensure equal access for all ​inman.com. Happy leasing, and thank you for doing your part to uphold fair housing!

To Learn More...

For real estate professionals, understanding these concepts can be particularly valuable during discussions with clients about why REALTORS® and real estate agents are knowledgable professionals.

If you’re preparing for your Real Estate Continuing Education or looking to enhance your knowledge through a Real Estate Course, topics like fair housing and confronting racial discrimination can help set you apart.

As part of your License Renewal Course or other Real Estate CE efforts, staying informed on foundational property concepts can make a big difference in your expertise and client relationships.

Sources:

• U.S. Department of Housing and Urban Development – Fair Housing Act Overview​ hud.gov ​hud.gov ​hud.gov​ hud.gov
• National Association of REALTORS® – Fair Housing guidance and Code of Ethics (Article 10)​ ​nar.realtor​ nar.realtor
• Inman News – Real Estate Agent’s Ultimate Guide to Fair Housing (Julia L. Israel, 2024)​inman.com​ inman.com
• Ashoka Lion Property Mgmt. – Common Fair Housing Mistakes​ashokalion.com​ ashokalion.com
• NAR “Window to the Law” – Fair Housing Advertising Tips​ nar.realtor ​nar.realtor
• HUD Fair Housing Advertising Regulations​ hud.gov
• NAR Magazine – Handling Questions on Schools/Neighborhoods (Steering avoidance) ​nar.realtor​ nar.realtor
• Empire Learning – What to Say/Not Say scripts for crime, schools, demographics​ empirelearning.com ​empirelearning.com
• City of Chandler AZ – 10 Common Fair Housing Mistakes (PDF, 2020)​chandleraz.gov ​chandleraz.gov
• National Apartment Association – Familial Status guidelines and DOJ cases​naahq.org​ naahq.org
• Recent enforcement cases (settlements for discrimination)​american-apartment-owners-association.org​ clickondetroit.com