Being a successful landlord involves more than just collecting rent every month and fixing a leaky faucet every once in a while. Being a successful landlord also depends on how you treat tenants – during the application and screening process as well as your everyday interactions with them. 

At the very least, you need to be respectful and treat your tenants fairly and equally. This is where the Fair Housing Act (FHA) comes in. The following blog explains this aspect of Oklahoma landlord-tenant law and some of the best practices to ensure your rental abides by those laws and avoid fair housing complaints.  

What Is the Federal Fair Housing Act? 

The Federal Fair Housing Act, a part of the Civil Rights Act of 1968, aims to prevent housing discrimination. Initially, it focused on discrimination due to race, color, religion, or national origin. Over time, the protections expanded to include sex, disability, and familial status.

Under this legislation, landlords, lenders, and buyers must uphold fair housing practices. Its purpose is to ensure equal access to housing opportunities for everyone.

What Are the Fair Housing Laws in Oklahoma? 

Fair housing laws work to facilitate equal opportunities for prospective renters and homeowners searching for housing, whether renting, buying, or financing. The Fair Housing Act covers ensures a level playing field for all individuals, promoting inclusivity and diversity in communities.

The Oklahoma Fair Housing Act covers eight protected classes against discrimination: race, color, sex, nationality, familial status, disability, age, and religion. 

Which Government Agency Oversees Fair Housing in Oklahoma? 

The Oklahoma Human Rights Commission is the government agency that enforces housing discrimination legislation in Oklahoma. To avoid potential run-ins with the commission, you’ll want to avoid things like:

• Refusing to rent your dwelling to a qualified prospective tenant solely based on their national origin, religion, sex, or any other protected class. 
• Offer tenants different terms and conditions based on a protected class. 
• Refuse to offer accommodations or modifications to a disabled person. 
• Falsely claim a rental unit is unavailable when it is vacant. 

Are There Exceptions to the Fair Housing Act?

Yes, though exemptions to the Oklahoma Fair Housing Law typically do not extend to private owners renting out properties. A few exceptions to the Oklahoma Fair Housing Law include the following:

• Age-restricted housing: Some housing is dedicated to those 55 years and older. 
• Religious organizations: Housing can be limited to members who share a particular faith.
• Private clubs: They can exclude non-club members from housing operated by private clubs.
• Local occupancy laws: Follow the legal limits on the number of occupants in single family housing or multi family housing.
• Owner-occupied buildings: Exemption applies to properties with less than four total units where the owner is living in one.

What Kind of Discrimination Is Prohibited by the Fair Housing Act?

• Race: You cannot discriminate against a tenant based on their race. Among other things, this means that owners cannot exclude and commit discrimination in real estate listings or discard prospects’ applications due to race.
• Color: Housing discrimination based on color is also illegal. This ensures fair housing opportunities for individuals of all skin tones.
• Religion: It’s unlawful to select tenants based on religion. Advertising units as suitable for specific religious groups, such as Christians, Muslims, or Buddhists, is prohibited.
• Nationality: When dealing with real estate, preferential treatment based on nationality is forbidden. This includes discrimination based on a tenant’s language or clothing.
• Sex: Determining who qualifies to rent and who doesn’t, solely based on sex, is illegal in the state of Oklahoma as it is discrimination. For example, suggesting certain units are safer for females or directing males to specific units is not allowed.
• Familial Status: Familial status refers to family composition, including children. You cannot discriminate against families, individuals with children, or pregnant women.
• Service Animals: Discrimination against disabled individuals is unlawful. Landlords must provide reasonable accommodations and modifications for tenants with service animals.

Landlord’s Duty for Tenants with Disabilities in Oklahoma

Federal government legislation safeguards individuals with disabilities. The Fair Housing Act ensures nondiscriminatory housing practices, while the Americans with Disabilities Act offers additional protection for anyone with a disability. 

As per the Americans with Disabilities Act, a disabled person fits any of the following criteria. 

• Has a visual, hearing, or mobility impairment
• Has a mental illness
• Has an intellectual disability 
• Is an alcoholic or drug addict
• Is HIV/AIDS positive
• Has a limitation that impacts an essential life activity 

For these categories, you are obligated to honor their reasonable accommodation and modification requests to single family housing or multi family housing. The following table provides a few examples of what they usually entail. 

Reasonable Accommodations

• Assigning accessible parking.
• Providing increased lighting throughout the rental unit.
• Allowing the installation of grab bars in the bathroom. 
• Providing extended time for rent payments.
• Using strobe lights for fire alarms. 

Reasonable Modifications

• Installing ramps in doorways or for porch access.
• Installing contrasting colored grab bars. 
• Lowering countertops in kitchen and bathroom. 
• Installing stovetop timers. 
• Installing visual doorbells. 

How Can Landlords Provide Fair Housing?

Advertise Your Vacant Rental Properly 

Use non-discriminatory language when advertising a vacancy in your rental. Focus on the home’s details, not assumptions about the ideal tenant. Avoid stating preferences related to protected classes, such as age, language, disabilities, or family status.

Answer All Inquiries 

Answer all inquiries honestly, treating every prospective tenant respectfully, fairly, and equally. Show all available units to all interested parties without prejudice, and avoid offering different terms or facilities for different applicants.

Price the Home According to Current Market Rates 

When it comes to pricing your rental, you’ll want to ensure that it is competitive relative to the current market rates. In addition, you’ll want to abide by the Fair Housing Act by doing the following two things:

• Maintaining consistent pricing for all potential renters. 
• Not raising or lowering the rent based on a tenant’s protected class.

Accept All Applications from Interested Tenants 

Accept applications from any interested and qualified tenant. You may reject an application for financial reasons, but not based on a tenant’s protected class.

Screen All Prospective Tenants Using Standardized Criteria 

When screening tenants, avoid asking questions about protected classes, such as children, national origin, race, disability, or religion. Instead, focus on things like their rental history, employment status, and income level. 

Conclusion 

Treating tenants with respect and fairness is not only a legal obligation but also a recipe for success as a savvy landlord. If you have additional questions about fair housing or want expert help, look no further than Specialized Property Management Oklahoma City. We have over 35 years of experience in the Oklahoma real estate and rental market and are only a phone call away.  

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 real estate management may change, rendering this information outdated by the time you read it.