When it comes to fair housing, it’s not what you know.
It’s what you don’t know that will cause problems.
Fair housing is something we’re thinking about all the time as Dayton property managers. And you must know that one of your most important responsibilities as a landlord is ensuring compliance with fair housing laws. These laws are designed to prevent discrimination in housing and promote equal opportunity for all tenants.
Whether you manage a single-family rental or multiple apartment units in Dayton, understanding and adhering to these regulations is essential, not only to avoid legal trouble but to create a positive, inclusive community.
As experts in fair housing, we have put together a comprehensive guide that breaks down the basics of fair housing laws, how they apply in Dayton, and practical steps you can take to stay compliant.
Fair Housing Laws: The Basics
Fair housing laws are federal, state, and local laws that prohibit housing discrimination. The cornerstone of these laws is the Federal Fair Housing Act, enacted in 1968 and amended several times since. This law makes it illegal to discriminate based on:
- Race
- Color
- National Origin
- Religion
- Sex
- Familial Status
- Disability
These are commonly referred to as the “seven protected classes.” In addition to federal law, Ohio’s Fair Housing Law and Dayton’s local ordinances may include further protections, such as sexual orientation, gender identity, military status, or source of income.
Who Is Covered by Fair Housing Laws?
Fair housing laws apply to nearly all types of housing, including:
- Apartments and rental homes
- Condominiums and cooperatives
- Public and subsidized housing
- Rooming houses with more than four units
As a landlord, you are expected to comply with these laws even if you only manage a single property. Real estate agents, property managers, housing providers, and financial institutions are also bound by these rules.
Common Violations to Avoid
It’s easy to make a mistake, and many fair housing complaints stem from unintentional violations. Here are several common pitfalls to watch for:
- Discriminatory Advertising
You cannot use language in rental listings that suggests a preference or limitation based on protected characteristics. Phrases like “no kids,” “ideal for women,” or “Christian churches nearby” can be seen as discriminatory.
- Steering
Directing prospective tenants to or away from specific units or neighborhoods based on their race, religion, or other protected traits is prohibited. For example, you cannot suggest that a family with children look at a ground-floor unit “for safety reasons” if other options are available.
- Different Terms or Conditions
Charging higher rent, requiring a higher deposit, or offering different lease terms based on a tenant’s protected status is illegal. All applicants must be treated equally and consistently.
- Failure to Provide Reasonable Accommodations
Tenants with disabilities are entitled to reasonable accommodations. This might include allowing a service animal in a “no pets” property or permitting installation of grab bars in bathrooms. You may have to install a dedicated parking space outside of an apartment building if you don’t already have one. And, you cannot deny a tenant solely because of their disability or refuse to make reasonable modifications.
Dayton’s Local Ordinances: What Landlords Need to Know
In addition to federal and state protections, the City of Dayton Human Relations Council (HRC) enforces local fair housing laws that provide broader protection. For example, Dayton prohibits housing discrimination based on:
- Sexual orientation
- Gender identity or expression
- Marital status
- Military status
- Ancestry
- Source of income (such as housing vouchers, disability payments)
These local protections reflect Dayton’s commitment to equity and inclusion. Violating these laws can lead to investigations, fines, and even civil lawsuits.
Best Practices for Compliance
To protect yourself and your tenants, we recommend that you follow these best practices:
- Create a Written Tenant Screening Policy
Establish clear, objective criteria for tenant selection, such as income requirements, credit score minimums, and rental history. Then, make sure you’re applying them consistently to all applicants. It also helps to provide your criteria to applicants before they submit their application and pay the fee.
- Standardize Communications
Use templates for responses around application denials and inquiries to avoid language that could be perceived as discriminatory.
- Keep Thorough Records
Maintain documentation of all applications, communications, and screening decisions. This helps protect you in the event of a fair housing complaint.
- Respond to Accommodation Requests Promptly
When a tenant requests an accommodation or modification due to a disability, respond promptly and in writing. Denials should be based on legitimate business reasons and documented carefully.
How to Handle Complaints
What if a tenant files a fair housing complaint against you? It’s important that you take it seriously. Here’s how to respond:
- Stay calm and cooperative. Even if you believe the complaint is unfounded, a defensive or hostile attitude can escalate the situation.
- Review your records. Your documentation should clearly show that you followed your written policies and treated the tenant fairly.
- Consult legal counsel. An experienced attorney can guide you through the process and help you respond appropriately.
- Cooperate with investigations. The Dayton HRC or the Ohio Civil Rights Commission (OCRC) may investigate the complaint. Be prepared to provide documentation and answer questions.
Resources for Landlords in Dayton
When you work with a Dayton property management partner, you can be sure we’re working hard to keep you in compliance. If you’re managing on your own, there are several local organizations that offer resources and training for landlords:
- City of Dayton Human Relations Council (HRC)
Website: https://www.daytonhrc.org
The HRC investigates housing discrimination complaints and provides education to landlords. - Ohio Civil Rights Commission (OCRC)
Website: https://www.crc.ohio.gov
A statewide agency that enforces anti-discrimination laws in housing, employment, and public accommodations. - Fair Housing Center for Rights & Research (Cleveland-based, serves Ohio)
Website: https://www.thehousingcenter.org
Understanding fair housing laws is about maintaining compliance and also establishing a reputation as a property owner who is fair and just. By treating all tenants consistently, you reduce legal risks, improve tenant satisfaction, and contribute to a stronger, more inclusive community in Dayton.
As the housing market evolves and local ordinances expand, staying informed is key. Make fair housing education a regular part of your operations, and you’ll be well-positioned to succeed both legally and ethically. Let’s talk about how we can help. Please contact us at ManCo Property Services for more information.
And remember: If it’s a property managed by ManCo, life just got better!