Understanding Fair Housing in Florida
Florida’s Fair Housing Act, enacted in 1983, prohibits housing discrimination based on race, sex, religion, disability, family status and other protected classes.
ORLANDO, Fla. — The news recently has been full of information on what is happening, or not happening, with the federal government. Sometimes it is easy to forget that while there are federal laws to abide by, we are also obligated to follow Florida laws.
Were you aware that Florida has Fair Housing laws in addition to the Federal Fair Housing Act? The Florida Fair Housing act was implemented in 1983 by the Florida Legislature and amended in 1989. This act closely mimics the Federal Fair Housing Act. The purpose is an anti-discrimination law in housing based on protected classes of prospective homebuyers or tenants.
Protected classes in Florida are race, color, national origin, sex, disability, familial status or religion (Florida Statute 760.20-760.37).
Practically speaking, what does this mean? It means that a homeowner, real estate licensee or property manager cannot treat someone differently based on one or more of the above protected classes. For example, as a landlord you cannot deny a potential tenant just because they have a child or because of their religion.
Violations can be reported to the Florida Commission on Human Relations. Once the complaint is filed, the commission has the authority to investigate the allegations or they may refer the complaint to the appropriate agency for an investigation. If the commission decides there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights Act, then the complaining party may:
- Bring a civil action against the person named in the complaint in any court of competent jurisdiction; or
- Request an administrative hearing.
A few tips to stay out of trouble:
- Treat people consistently.
- Establish a standard set of requirements.
- Use neutral language in advertisements and in policies.
- Treat everyone with respect and fairness.
- Avoid asking questions about protected characteristics.
Maria Marchante is Associate General Counsel
Note: Information deemed accurate on date of publication
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