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Title VIII of the Civil Rights Act of 1968(Fair Housing Act), as amended in 1988, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status(including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap(disability). Some states and local jurisdictions have more stringent laws. Understanding the intricacies of fair housing laws and obeying them is arguably the most important issue regarding management of rental housing.
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These are primarily state level laws, but in some locations landlords are also subject to county and municipal ordinances. The landlord-tenant laws of most states follow the Uniform Landlord-Tenant Act (ULTA), but most states’ statutes vary regarding the details.
The Act’s primary protection requires that CRAs follow “reasonable procedures” to protect the confidentiality, accuracy, and relevance of credit information. To do so, the FCRA establishes a framework of Fair Information Practices for personal information that include rights of data quality(right to access and correct), data security, use limitations, requirements for data destruction, notice, user participation (consent), and accountability. Some states have more stringent laws.
Most states have adopted the implied warranty of habitability through statute or judicial law. One approach uses local building codes which have specific minimum requirements for essential services such as water, plumbing, and heat. The other approach uses common law definitions of habitable housing conditions. The source of the warranty controls the landlord’s responsibilities and tenant’s remedies.
Improvements or even repairs that are not performed in accordance with building codes or that are done without a required building permit can become serious problems in a number of ways. Potential problems include increased liability if someone is injured due to unsafe conditions and issues when disclosures of the deficiencies are required at time of sale.
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