Commercial landlords have a legal obligation to rent their properties without discriminating against potential tenants. This means that they cannot refuse to rent to an individual or business based on factors such as race, religion, gender, sexual orientation, or disability. Additionally, landlords cannot discriminate against tenants in terms of rental rates, security deposits, or the terms of the lease. If a commercial landlord is found to be discriminating against tenants, they may be subject to legal action, including fines and compensation for the affected tenants.
Fair Housing Act Protections for Commercial Tenants
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing. It applies to both residential and commercial properties. The FHA protects people from discrimination based on race, color, religion, national origin, sex, familial status, and disability.
Forms of Discrimination
- Refusing to rent or sell a commercial property to someone because of their race, color, religion, national origin, sex, familial status, or disability.
- Setting different terms or conditions for renting or selling a commercial property to someone because of their race, color, religion, national origin, sex, familial status, or disability.
- Providing different services or amenities to tenants based on their race, color, religion, national origin, sex, familial status, or disability.
- Harassing a tenant because of their race, color, religion, national origin, sex, familial status, or disability.
Exceptions to the FHA
There are a few exceptions to the FHA’s prohibition on discrimination. For example, a landlord may refuse to rent to someone who has a history of violence or who is a registered sex offender. A landlord may also refuse to rent to someone who is not legally allowed to live in the United States.
How to File a Complaint
If you believe that you have been discriminated against by a commercial landlord, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You can file a complaint online, by mail, or by phone. HUD will investigate your complaint and take appropriate action, which may include ordering the landlord to stop discriminating and pay damages to the victim.
Conclusion
The FHA is an important law that protects people from discrimination in housing. If you believe that you have been discriminated against by a commercial landlord, you should file a complaint with HUD.
Remedies for Discrimination
| Remedy | Description |
|---|---|
| Injunction | A court order that prohibits the landlord from continuing to discriminate. |
| Damages | Money that the landlord must pay to the victim to compensate for the discrimination. |
| Attorney’s fees | The landlord may be required to pay the victim’s attorney’s fees. |
Prohibited Grounds for Discrimination by Commercial Landlords
In most countries, there are certain groups of people that are protected from discrimination in housing, including commercial property.
This means that a commercial landlord cannot discriminate against a prospective tenant based on their membership in one of these protected groups. The most common grounds for discrimination in housing are:
- Race
- Color
- Religion
- National origin
- Sex
- Familial status
- Disability
- Age
- Sexual orientation
- Gender identity
In addition to these federal fair housing laws, some states and localities have additional laws that protect other groups from discrimination in housing.
For example, some states have laws that prohibit discrimination against people with source of income, such as people who use housing vouchers or Section 8.
If you believe that you have been discriminated against by a commercial landlord, you should contact your local fair housing agency or the U.S. Department of Housing and Urban Development (HUD).
You can also file a complaint with the Equal Employment Opportunity Commission (EEOC) if you believe that you have been discriminated against based on your race, color, religion, sex, national origin, age, disability, or genetic information.
| Protected Group | Examples of Discrimination |
|---|---|
| Race | Refusing to rent to someone because of their race |
| Color | Steering someone to a certain neighborhood because of their skin color |
| Religion | Refusing to rent to someone because of their religion |
| National origin | Refusing to rent to someone because of their country of origin |
| Sex | Refusing to rent to someone because of their sex |
| Familial status | Refusing to rent to a family with children |
| Disability | Refusing to rent to someone with a disability |
| Age | Refusing to rent to someone because of their age |
| Sexual orientation | Refusing to rent to someone because of their sexual orientation |
| Gender identity | Refusing to rent to someone because of their gender identity |
Exceptions and Allowances
There are a few exceptions and allowances to the general rule that commercial landlords cannot discriminate against tenants based on protected characteristics. These include:
- Bona fide occupational qualification (BFOQ): A BFOQ is a job requirement that is reasonably necessary for the normal operation of a business. For example, a landlord may be able to discriminate against tenants who do not have the necessary skills or experience to operate a particular type of business.
- Senior housing: Landlords of senior housing communities may be able to discriminate against tenants who are not elderly or disabled. However, these communities must still comply with all other fair housing laws, such as the prohibition against discrimination based on race, color, religion, sex, national origin, or familial status.
- Religious organizations: Religious organizations may be able to discriminate against tenants who do not share their religious beliefs. However, these organizations must still comply with all other fair housing laws, such as the prohibition against discrimination based on race, color, or national origin.
In addition to these exceptions, there are also a number of allowances that allow landlords to take certain actions that would otherwise be considered discriminatory. These include:
| Action | Allowance |
|---|---|
| Refusing to rent to a tenant with a history of criminal activity | The landlord must have a legitimate business reason for refusing to rent to the tenant, such as a concern for the safety of other tenants. |
| Charging a higher rent to a tenant with a lower credit score | The landlord must have a legitimate business reason for charging a higher rent, such as the need to cover the increased risk of default. |
| Requiring a tenant to provide a security deposit | The landlord must have a legitimate business reason for requiring a security deposit, such as the need to protect the property from damage. |
Landlord’s Responsibilities
1. Duty to screen and select tenants fairly: Commercial landlords have a duty to treat all prospective tenants equally and fairly throughout the application process. They cannot discriminate on the basis of protected attributes such as race, color, religion, sex, national origin, age, disability, familial status, or marital status. The screening process should ensure that tenants are selected based on their financial credibility, rental history, and ability to comply with lease terms without regard to protected characteristics.
2. Prohibiting discriminatory conduct: Commercial landlords are responsible for creating and maintaining a discrimination-free environment. This includes prohibiting discriminatory conduct by the landlord, property management, maintenance staff, and other tenants. Landlords should have policies and procedures in place to address and respond to complaints of discrimination promptly and effectively.
3. Accommodation of Disabilities: Commercial landlords are required to provide reasonable accommodations for tenants with disabilities that enable them to fully enjoy the premises. Accommodations could include providing accessible parking spaces, ramps, or assistive devices. Landlords should be proactive in identifying and addressing any barriers that may hinder a tenant’s ability to access or use the premises.
4. Non-Discrimination Clauses in Lease Agreements: Commercial leases often include non-discrimination clauses that reinforce the landlord’s commitment to equal treatment of tenants. These clauses typically prohibit discrimination against protected classes and ensure that the premises are available to all tenants on equal terms.
5. Responding to Discrimination Complaints: If a tenant alleges discrimination, the landlord must promptly investigate the complaint and take appropriate action. This may include conducting an impartial investigation, mediating a resolution between the parties, or taking disciplinary action against the responsible party.
6. Training Staff: Landlords should provide training to their staff on fair housing laws and anti-discrimination policies. This training should educate staff on recognizing and preventing discriminatory behavior, as well as the proper procedures for handling discrimination complaints.
| Responsibility | Purpose |
|---|---|
| Screening and tenant selection | Ensure equal treatment and selection based on objective criteria. |
| Prohibiting discriminatory conduct | Create and maintain a discrimination-free environment. |
| Accommodation of disabilities | Provide reasonable accommodations for disabled tenants. |
| Non-discrimination clauses in lease agreements | Reinforce the landlord’s commitment to equal treatment. |
| Responding to discrimination complaints | Promptly investigate and resolve complaints of discrimination. |
| Training staff | Educate staff on fair housing laws and anti-discrimination policies. |
Thanks for hangin’ out and reading all about the legal stuff landlords gotta follow. It’s a wild world out there, and it’s important to know your rights as a business owner. We hope this article helped shed some light on the topic of commercial landlord discrimination. If you have any more questions, be sure to check out our website or give us a shout. Until next time, keep your head up and your business booming!