The Arizona Fair Housing Act (FHA) is a cornerstone of the state’s housing policies, designed to ensure equal opportunities for all renters and homebuyers. This law prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, or disability.
Alongside the Arizona Residential Landlord and Tenant Act , it helps establish clear guidelines for housing owners, managers, and tenants, promoting fairness in rental agreements and housing practices, from security deposits to tenant treatment..
Together, these regulations protect the rights of tenants while outlining the responsibilities of landlords, creating a balanced framework for rental housing management in Arizona.
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What is the Fair Housing Act?
Passed on April 11th, 1968, the Fair Housing Act was designed to ensure individuals seeking housing weren’t discriminated against, including prospective renters, home buyers, and mortgage seekers.
The Fair Housing Act covers a wide range of protected classes and applies to all housing providers. At its signing, the act covered four protected classes: race, color, nationality, and familial status.
Over the next couple of years, more classes were added, including religion, disability, and sex. This now brought the number of protected classes to seven. Some states have passed policies adding to the list of protected classes.
This has included protections based on sexual orientation, marital status, income source, and veteran status. The state of Arizona, however, has yet to pass legislation to add extra Fair Housing Right protections.
Fair Housing Violations in Arizona?
As a landlord, the following are actions that you cannot make to avoid claims how housing discrimination.
- Refusing to rent to a tenant because you prefer someone of a different race, color, religion, or nationality.
- Treating tenants differently, For example, providing tenants with different services or amenities depending on the race, color, or nationality that they come from.
- Asking prospective tenants questions that show preference or limitation. For example, where are you originally from? Are you married? Are you gay? How many children do you have?
- Failing to provide disabled tenants with reasonable accommodations . For instance, not allowing disabled tenants to have service animals because you have a “no pets” policy.
- Falsely claiming a unit is not available just to discourage a tenant of a certain protected class from renting it.
- Evicting a tenant because of their race, ethnicity, religion etc.
Exemptions For Landlords
Certain exemptions apply to fair housing laws that apply to landlords and other housing providers in Arizona, including the following:
- Buildings that have four or fewer units, where the owner occupies one of the units. Such buildings are known as owner-occupied buildings and are exempt from fair housing laws.
- Schools and universities operated by religious organizations. These can discriminate against tenants based on their religion. For example, if a school is Catholic, it’s allowed to give preference only to students practicing Catholicism.
- Single-family homes, where the owner doesn’t own more than three of such homes. The owner must also rent out the units on their own without using any broker or real estate agent.
How Landlords Can Comply With Fair Housing Rules
As already mentioned, fair housing violations can result in significant fines, legal action, and reputational damage. Here are the best ways to prevent housing discrimination:
Be Familiar With the Fair Housing Rights
Knowledge is key when it comes to being a successful landlord. Before renting out your home in Arizona , ensure you understand what the protected classes are under both state and local regulations.
While Arizona has yet to pass legislation for extra protections, make sure to check for any extra protections that may apply in your local jurisdiction.
Maintain a Consistent Screening Process
Ensure that your screening criteria is consistent across all applicants. If you require something from one tenant, do the same for all tenants. This includes when you’re asking screening questions, verifying employment, running credit checks, or verifying prospective tenants’ income.
Provide Reasonable Accommodations
You cannot discriminate against a disabled tenant solely based on their mental or physical disability, meaning you must provide them with certain reasonable accommodations.
Reasonable accommodations can include the following:
- Allowing a tenant to use a designated parking space that is closer to their unit.
- Waiving late fees for a tenant with a disability that affects their ability to pay rent.
- Allowing a service animal in a no-pet building.
You may also have to make reasonable modifications to the unit as well. Creating accessible housing to modifications can include the following:
- Adding ramps for wheelchair access.
- Widening doorways.
- Installing grab bars in the bathroom.
Avoid Discriminatory Language in Advertisements
When advertising your vacant rental unit, make sure to use phrases that don’t show any preference or limitation. |Ensure you avoid the following:
- Race or Color: Avoid phases like, “Whites Only,” “African Americans Only,” “Asian Only,” or “Hispanics Only.”
- National Origin: Avoid statements like, “Americans Only,” or “Asians Only”.
- Religion: Do not state things like, “Jews Only”, “Christians Only,” or “Muslims Only”.
- Disability: Don’t include phases like, “No service animals,” “No Wheelchairs,” “Must be able to walk upstairs.”
All rental advertisements must not show any preference or bias towards any protected group under the fair housing laws.
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Bottom Line
The Fair Housing Act is something that every landlord should know. Mistakes can cause significant financial/legal and reputational repercussions.
If you have any questions or need the expert help of a professional property manager, look no further than RGroup Property Management . We specialize in providing Tucson landlords with customized, full-service property management services. Get in touch to learn more!
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.