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Key Takeaways
Federal vs. Florida FHA: While the federal Fair Housing Act sets the baseline for anti-discrimination protections, Florida law expands coverage.
Examples of Discrimination: Refusing families with children, rejecting disabled applicants without considering accommodations, or using exclusionary advertising language can all constitute violations.
Compliance Matters: Staying compliant not only avoids financial penalties but also protects a landlord’s reputation and supports long-term rental success in Bradenton’s market.
Successful landlords know the importance of abiding by the federal, state, and local fair housing laws. Among other things, it helps ensure legal compliance, as well as ensure protection of the resident’s right to fair housing.
The Federal Fair Housing Act (FHA) is a landmark piece of legislation under the landlord tenant laws that was established in 1968. It was passed after a long legislative struggle in Congress, which spanned several years.
It is part of the Civil Rights Act of 1968 (also known as Title VIII). It prohibits discrimination in housing based on 7 protected classes. The classes are: race, color, disability, religion, sex, nationality, and familial status.
In this guide by Gulf Income Properties, you’ll learn important basic overviews of the FHA. Including, what it is, what landlords must not do, exemptions, and what landlords must do to stay compliant.
Understanding the Scope of the Federal Fair Housing Act
The Federal Fair Housing Act (FHA) applies to most housing-related transactions, including renting, selling, and financing a property. Its main purpose is to protect individuals from housing discrimination.
The law prohibits discrimination based on seven protected classes:
Race
Color
Religion
Sex
National origin
Familial status
Disability
The FHA applies broadly to both public and private housing.
This includes:
Apartments
Single-family homes
Mobile homes
Dormitories
Homeless shelters
Condominiums
Nursing homes
Exemptions Under the FHA
While the law is comprehensive, there are a few limited exemptions:
Owner-Occupied Buildings With Up to Four Units: The owner must live in one of the units.
Single-Family Homes Rented by a Private Owner: Only if they own three or fewer homes and do not use a real estate agent.
Housing Run by Religious Organizations or Private Clubs: May limit occupancy to members, provided homes are not used for commercial purposes.
Housing for Older Persons: Properties may qualify if they meet strict requirements, such as being exclusively occupied by residents age 62 and older.
Fair Housing Act in Florida: Key Differences
The Federal Fair Housing Act sets the baseline for preventing housing discrimination across the United States, but Florida strengthens these protections through its own version of the law.
The Florida Fair Housing Act (FHA) is detailed in Chapter 83, Part II of the Florida Statutes and mirrors most provisions of the federal law, while also adding additional safeguards.
For landlords in Bradenton and throughout the state, understanding how this law applies is critical. Noncompliance doesn’t just risk financial penalties, it can damage a landlord’s reputation and limit long-term success in the rental market.
One of the main distinctions between the federal and Florida Fair Housing Acts is that Florida extends protections to pregnant individuals.
In addition to the seven federally protected classes: race, color, religion, sex, national origin, familial status, and disability.
This means landlords in Florida must take special care not to treat tenants or applicants differently based on pregnancy status, whether in advertising, screening, or tenancy decisions.
The law is enforced by the Florida Commission on Human Relations (FCHR), the state agency responsible for investigating and resolving complaints.
Tenants, applicants, or other individuals who believe they have been discriminated against can file a complaint with the FCHR, which will then review the case and, if necessary, pursue legal remedies.
This enforcement authority ensures that the protections of the FHA are not just theoretical but actionable.
Examples of Prohibited Housing Discrimination in Florida
Some common actions that could lead to violations include:
Refusing to rent a home to a family with children, which constitutes familial status discrimination.
Rejecting a rental application from a disabled individual without considering reasonable accommodations.
Misrepresenting the availability of a unit because of an applicant’s race, national origin, or color.
Advertising with exclusionary phrases like “No Children” or “Females Only,” which send a discriminatory message.
Charging different security deposits, rent amounts, or fees based on a tenant’s protected class.
Enforcing lease terms unequally, such as penalizing families with children for noise while overlooking the same from other tenants.
Evicting a tenant based solely on race, sex, gender identity, etc.
Denying a tenant with disabilities the ability to make reasonable modifications to improve accessibility.
Steering applicants toward certain neighborhoods based on their race or ethnicity, a practice known as redlining or blockbusting.
Penalties for Violating Florida’s FHA
The consequences for violating these laws can be severe. Landlords found in violation may face substantial civil penalties, liability for actual and punitive damages, and responsibility for covering attorney’s fees.
Beyond the financial impact, one of the most damaging outcomes can be the reputational harm that follows, as being associated with housing discrimination can make it harder to attract and retain quality tenants in the future.
How Florida Landlords Can Stay Compliant
Avoiding FHA violations requires more than good intentions; landlords must take proactive steps to ensure compliance. Practical strategies include:
Fair Screening: Apply the same criteria to every applicant screened, documenting your process to show consistency.
Equal Rule Enforcement: Enforce lease terms uniformly, regardless of tenant demographics.
Careful Advertising: Avoid language in listings that could imply preference or exclusion.
Disability Accommodations: Respond promptly to requests for reasonable accommodations, allowing tenants to make modifications at their own expense when legally appropriate.
Ongoing Education: Stay informed about updates to state and federal fair housing laws through regular training.
Professional Support: Partnering with a property management company can help landlords navigate the complexities of compliance and reduce the risk of costly mistakes.
For landlords in Bradenton, understanding these obligations isn’t optional, it’s essential.
By following the law and maintaining fair practices, property owners can protect themselves legally, build stronger tenant relationships, and sustain long-term rental success.
Bottom Line
The Fair Housing Act in Florida is an essential landlord-tenant law under Chapter 83, Part II of the Florida Statutes.
As a landlord, it behooves you to ensure optimal legal compliance by treating residents fairly, equally, and respectfully, regardless of the protected classes to which they belong.
If you have a question or need expert property management help, look no further than Gulf Income Properties.
We are a locally owned and operated property management company serving Sarasota and Manatee Counties. We can help you minimize stress and maximize your returns. Get in touch to learn more!
