The Fair Housing Bill of Rights
A ten-point guide for property owners, managers and developers.

FAIR HOUSING LAWS GIVE YOU THE RIGHT TO:

• Focus directly on economic factors in your selection process of prospective tenants.

• You may judge the applicant's ability to pay.

• You may check and factor in the applicant's credit/rental history.

• You may weigh the ability of the prospective tenant to follow the rules and procedures of the tenancy and respect the right of his/her neighbors.

• Reject and legally evict any prospective/current tenant who is using illicit drugs or abusing alcohol. The Fair Housing Act (FHA) protects only recovering alcohol abusers and drug addicts.

• Require a disabled person who requests specially needed unit modifications for the full use and enjoyment of the premises to make modifications at their own expense.

• The owner/manager is only required to refrain from withholding permission to allow reasonable changes/modifications to be made

• If  the property owner is able to prove a strong business reason as to why the requested changes are impracticable, unreasonable or will cause irreparable damages to the property, the owner may be relieved of this requirement

• Where reasonable, the landlord may permit changes only if the tenant agrees to restore the property to its original condition when he/she moves.

• Place limitations on the rights of all tenants to the amenities associated with the tenancy so long as those limitations apply to all alike.

• Reject the application of any prospective tenant who is a direct threat to the health or safety of others (i.e. tenant with communicable, medically defined, disease).

• Rent to an immigrant applicant in the private market without the need to satisfy eligibility or citizenship status.

• Adhere to "any reasonable local, State or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling." The only requirement is that occupancy standards must not operate to discriminate against Title VIII's protected classes.

• Refuse to rent to families with children, so long as the property meets the criteria for operating as a "seniors” only complex.

• Develop and implement reasonable health and safety rules relating to the use of units and the facilities associated with them where families with children are residing.

• Exempt your property from coverage of the FHA if you are the owner-occupier of a building of no more than four units or if the unit is a single family dwelling not using a broker or if the housing is operated by an organization and private club that limits occupancy to members.