Florida Fair Housing Act: An Overview

Key Takeaways

1. Fair Housing Is Mandatory: Landlords must follow federal, state, and local fair housing laws, along with Florida’s landlord-tenant rules.
2. Protected Classes: Discrimination based on race, color, national origin, religion, sex, familial status, or disability is prohibited; local laws may add protections like sexual orientation or age.
3. Common Violations: Avoid rejecting applicants based on protected status, imposing stricter requirements, using discriminatory language, or denying reasonable accommodations.
4. Penalties: Violations can lead to fines, lawsuits, and reputational damage, making compliance essential.

The Fair Housing Act (FHA) is a federal law that makes it illegal for housing providers to discriminate based on certain protected classes. The protected classes include race, color, religion, sex, national origin, familial status, and disability.

In Florida, landlords are legally required to comply with the state’s Fair Housing laws, which are enforced by the Florida Commission on Human Relations (FCHR) under Chapter 760, Part II of the Florida Statutes. 

These fair housing requirements exist alongside the state’s landlord-tenant laws (Chapter 83, Part II), which govern leases, security deposits, evictions, and other rental obligations.

Failing to follow these rules can result in serious consequences, including fines of up to $10,000 for a first violation and higher penalties for repeat violations, along with potential damage to your reputation.

As such, before renting out your Florida house, ensure you understand all the essentials of the FHA. Luckily for you, this blog by Keyrenter Naples has you covered. This guide will cover what the act is, provide examples of discriminatory practices, explain the exemptions, and everything in between.

What Is the Fair Housing Act?

The Federal Fair Housing Act (FHA) was signed into law on April 11, 1968, by President Lyndon B. Johnson as a landmark effort to end decades of legal discrimination in housing. Before its passage, discriminatory practices were widespread and often enforced through government policies.

Landlords commonly rejected applicants based on race or ethnicity, and mortgage providers frequently engaged in redlining, systematically denying or limiting loans to neighborhoods deemed “high risk.” 

The FHA sought to address these inequities by prohibiting housing discrimination and providing legal recourse for victims. Originally, the law banned discrimination based on four protected classes: race, color, national origin, and religion. 

A 1974 amendment added sex (gender), and a 1988 amendment included disability and familial status, bringing the total number of protected classes to seven: race, color, religion, national origin, sex, familial status, and disability.

What Is the Fair Housing Act in Florida?

In Florida, landlords and property managers are legally required to comply with the Florida Fair Housing Act (FFHA), which mirrors federal protections and is enforced by the Florida Commission on Human Relations (FCHR). Beyond federal requirements, Florida law also emphasizes protecting tenants from discrimination at the state and local level, so it’s important to understand all applicable rules.

Federally protected classes under the FHA:

• Race: Protects individuals from discrimination based on their racial identity.
• Color: Covers discrimination based on skin color, even within the same race.
• National origin: Prevents bias against individuals due to ancestry, birthplace, or cultural background.
• Religion: Ensures applicants are not discriminated against due to their religious beliefs or practices.
• Sex: Prohibits discrimination based on gender, including considerations related to pregnancy.
• Familial status: Protects families with children under 18, including pregnant individuals, from housing discrimination.
• Disability: Ensures individuals with physical or mental disabilities have equal access to housing and reasonable accommodations.

Additional protections under Florida law (FFHA and local ordinances):

• Pregnancy: Specifically recognized under familial status protections in Florida.
  
• Sexual orientation and gender identity/expression: May be protected in certain cities or counties in Florida.
  
• Marital status and age: Some local ordinances may extend protections to single individuals or those over a certain age.
  
• Other local protections: Depending on the city or county, additional classes such as ancestry or political affiliation may be protected.
  

Certain housing situations may be exempt from the FHA/FFHA, such as:

• Owner-occupied buildings with four or fewer units.
  
• Single-family homes sold or rented without a broker, provided no discriminatory advertising is used.
  
• Housing operated by religious organizations, rented only to members of that religion.

Florida landlords must comply with both federal and state laws and remain aware of any local ordinances that extend protections beyond the federal seven classes. Doing so helps prevent legal penalties under the Florida Fair Housing Act, fosters a fair rental environment, and protects your reputation as a responsible property owner.

Common Violations of the Fair Housing Act in Florida

As a landlord, staying legally compliant with the Fair Housing Act isn’t optional. In Florida, these requirements are enforced under Chapter 760, Part II of the Florida Statutes, which prohibits discrimination in housing based on protected classes. 

The consequences for violating the Fair Housing Act can include lawsuits, financial loss, and reputational damage. To avoid violating the Fair Housing Act in Florida, landlords should avoid the following:

• Falsely claiming a unit is unavailable or already rented based on the identity of a prospective resident.
  
• Refusing to show a property to certain applicants because they belong to a protected class.
  
• Rejecting a bona fide application solely because the applicant is part of a protected class, such as having children or a disability.
  
• Including discriminatory language or preferences in rental agreements, advertisements, or marketing materials.
  
• Applying different or stricter requirements to applicants based on their protected status, such as requiring a higher security deposit, higher fees, or additional documentation for certain residents.
  
• Enforcing lease terms or providing services inconsistently based on a tenant’s protected characteristics.
  

Failing to provide reasonable accommodations for tenants with disabilities, such as allowing service animals or other necessary modifications.

Bottom Line

Being a landlord in Florida can be a lucrative venture, but it comes with responsibilities. Among these is abiding by federal, state, and local fair housing laws, including providing reasonable accommodations and avoiding discriminatory practices. Staying informed and consistent protects your tenants, your investment, and your reputation.

If you have questions or need expert property management help, look no further than Keyrenter Naples. We are a top choice for property management in Naples, FL, and the surrounding area. Get in touch to learn more!