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Fair Housing Act

The Fair Housing Act is a federal law that prohibits discrimination in housing based on race, color, religion, sex, national origin, familial status, or disability.

The Fair Housing Act (FHA) is a landmark federal law that prohibits discrimination in the sale, rental, and financing of housing. Protected classes under federal law include race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability. Landlords are prohibited from setting different terms, denying housing, or stating a preference in advertisements based on these characteristics.

How It Applies to Florida Landlords

Florida landlords must adhere to both federal law and the Florida Fair Housing Act (Chapter 760 of the Florida Statutes), which largely mirrors federal protections. Discrimination can be direct or subtle; for instance, refusing to rent to a family with children (familial status) or denying a reasonable accommodation request for a service animal (disability) can lead to severe legal consequences. Compliance involves standardized marketing, uniform screening criteria for all applicants, and maintaining meticulous records of why applicants were accepted or denied to demonstrate that decisions were made on non-discriminatory grounds.

Key Takeaways

  • Discrimination against protected classes is strictly prohibited by federal and Florida law.
  • Reasonable accommodations for disabilities are mandatory.
  • Always follow a consistent screening process to avoid discrimination claims.
  • Train staff or property managers on fair housing compliance regularly.

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Important Notice: Florida Landlord Network is an independent, non-attorney service. We urge you to consult an attorney before relying on any publication, using any document or described procedure found herein. Florida Landlord Network is not licensed by the Florida Bar to practice law and is not authorized to give legal advice or tell you your legal rights.