Key Takeaways
It is crucial that Nevada landlords have a thorough understanding of Fair Housing rules.
You run the risk of running into legal trouble if you don't completely understand these laws.
As a landlord, working with a property management firm is the best approach to guarantee legal compliance.
Part of the responsibilities landlords have under Nevada Revised Statutes Chapter 118A is abiding by the Fair Housing Act (FHA). The act requires that landlords treat residents fairly regardless of certain protected classes.
And it doesn’t just apply to landlords only. Other players in the housing industry that must abide by the FHA include:
Home sellers
Property management companies
Real estate agents
Mortgage lenders
Insurance companies
Additionally, the FHA covers a wide range of housing. Including, single-family homes, condominiums, apartments, and mobile homes. Some exceptions do exist, though. The act doesn’t generally cover the following types of homes.
Owner-occupied buildings with no more than four units.
Single-family houses that the owner rents out directly without using agent services.
Housing operated by religious organizations and private clubs.
And just like other laws under the NV landlord-tenant law, violating the FHA can have serious legal/financial implications. The first violation, for instance, can have a maximum civil penalty of up to $23,011. Subsequent violations can reach six figures!
To avoid such penalties and the ensuing reputation damage, ensure you’re familiar with your FHA obligations before renting out your property. Alternatively, you could hire a property manager to help handle all your legal obligations professionally. Here’s a guide by Ravago Group Properties on the basics of the Fair Housing Act in Nevada.
What is the Fair Housing Act?
The Fair Housing Act (FHA) is a landmark law that aims to eliminate discrimination in housing. It aims to ensure that every American citizen has fair and equal access to housing.
The FHA is also known as Title VIII of the Civil Rights Act of 1968. It was passed by the House of Representatives by a 250 to 172 vote on April 10th, 1968. A day later, the bill was signed into law by President Johnson.
At the federal level, the FHA is enforced by the U.S. Department of Housing and Urban Development (HUD).
How Did the Fair Housing Act Come About?
The FHA came about as a result of a long, difficult struggle by the Civil Rights Movement to end housing discrimination and residential segregation. Originally, the FHA prohibited discrimination in housing based on only four protected classes. Those were: race, color, nationality, and religion. But six years later, the act was further expanded to include protections for gender.
Again, several years later, in 1988, the act was amended to protect families with children and people with disabilities. With these two amendments, the protected classes numbered 7 in total. That is, race, color, sex, disability, nationality, religion, and familial status.
What is the Fair Housing Act in Nevada?
While the Federal Fair Housing Act applies to every state, various states and local jurisdictions have added extra protections to include more groups. Common protected groups include: sexual orientation, income source, military and veteran status, and domestic violence status.
In Nevada, though, there are no extra protections for residents other than the 7 provided at the federal level. This isn’t, however, to mean that local cities may not have their own. In Las Vegas, for instance, some of the additional protected classes include the following.
Sexual orientation
Gender identity or expression
Source of income
In Nevada, housing discrimination cases are handled by the Nevada Equal Rights Commission.
What Behaviors Are Considered Discriminatory by the Nevada Equal Rights Commission?
The following are some of the behaviors that you should avoid when renting out a property in Nevada.
Denying someone an opportunity to rent out your property based on a protected characteristic, such as race, color, or religion.
Offering varying terms or conditions of rental. For example, charging a person in a protected class a higher security deposit than others. Or, enforcing lease rules inconsistently based on a resident’s protected group.
Having discriminatory phrases in your rental ad. For instance, “No Children,” or “Ideal for Young Professionals.”
Discouraging a resident from a protected class from renting your property and instead steering them away to another neighborhood.
Threatening, coercing, or interfering with any person who is enjoying their fair housing rights.
Refusing disabled residents reasonable accommodations or modifications.
What Can Landlords Do to Stay Compliant with the Fair Housing Act in Nevada?
The following are some of the things you’ll want to do to ensure utmost legal compliance with the NV fair housing laws.
Make reasonable accommodations and modifications for disabled residents so that they can enjoy their rented premises like other residents.
Screen prospective residents using fair and consistent criteria.
Avoid using discriminatory phrases in your rental ad. Also, any photos you use must not show bias or favoritism towards residents of a certain class.
Conclusion
Successful property ownership begins with first understanding the legal obligations that the job entails. When it comes to the fair housing laws, you must ensure that you treat residents fairly and equally, regardless of the applicable protected classes.
If you have a question or need expert property management help, look no further than Ravago Group Properties. You can trust our decades-long experience to help you minimize stress and maximize ROI. Get in touch to learn more!
