Q.    Do fair housing laws also apply to guests at my property?

A.    The Fair Housing Act does offer protection to resident’s guests.  If you discriminate against a resident’s guest or against a resident because of their guest, both the resident and the guest have standing to bring forth a complaint of discrimination. 

The easiest way for you and your staff to avoid discriminating against residents’ guests and residents because of their guests is to follow and abide by the policies and procedures of the community.  The Fair Housing Act does not require that you give guests special treatment.  For example, if residents aren’t allowed to do certain things, such as ride bicycles in the common areas, you needn’t allow guests to do these things either – even if they are a member of a protected class.  You can also impose reasonable restrictions on guests at your community.  For example, you can require that guests be accompanied by a resident when using your fitness center.  If you do impose reasonable restrictions on guests, you and your staff must be sure to enforce the restrictions consistently against all guests.   

Below are four rules to follow to prevent fair housing complaints relating to residents’ guests.

  1. Don’t discriminate against residents because of their guests. 
  2. Treat guests in accordance with the community’s fair housing policy and other established policies.
  3. Enforce the guest policy consistently.
  4. Don’t give guests special treatment.

It should be noted that if a guest’s behavior is grounds for evicting a resident under your community’s lease agreement, then you are justified to do so.  Although these tips can assist you in avoiding fair housing law violations, you should also consult with your legal counsel.  Laws may differ by state and/or city.

 

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Last modified: 27 Aug 2010