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Q. How do I comply with fair housing laws when running "Specials"? A. Many communities use specials or promotional offers to lease an available apartment or encourage renewals. Rent discounts, gift giveaways, offers of free parking, or waivers of community requirements, such as security deposits or employment and salary requirements are just a few examples of specials. Communities typically offer specials when there is a high level of vacancies or several hard-to-lease apartments. Although specials can be helpful with filling vacancies, if the community’s leasing consultants don’t offer specials in a consistent and fair manner, they may bring about fair housing complaints. The Fair Housing Act bans the use of different terms, conditions, or privileges with regard to sale or leasing of a dwelling based on a person’s race, color, religion, sex, familial status, disability, or national origin. State and local laws may add other restrictions, such as sexual orientation or marital status. On the other hand, the Fair Housing Act does not prohibit discounted rent for apartments or giving incentives, like gift giveaways or free parking. It’s not unlawful to make a concession for an applicant who doesn’t meet all of the community’s leasing requirements. In order to comply with fair housing law, your community must offer these specials consistently to every qualified applicant or resident, or have a well-documented, valid business reason for not doing so. If you do not, you risk creating fair housing problems for the community. Listed below are some tips to help your community create guidelines to follow when offering specials.
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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