The Fair Housing Act, or FHA, is a federal law that prohibits discrimination against individuals based on race, color, religion, sex, national origin, familial status, and disability in the sale or rental of housing. The question that arises when it comes to vacation rentals is whether or not the FHA applies to them.
What is a Vacation Rental?
A vacation rental is a property that is rented out for short-term stays, usually for a few days or weeks at a time. These properties can range from apartments and condos to houses and villas and are often listed on websites such as Airbnb, VRBO (Vacation Rentals By Owner), and Booking.com.
Does the FHA Apply to Vacation Rentals?
The answer is not straightforward. The FHA applies to most types of housing, including apartments, condos, and single-family homes. However, it does not apply to owner-occupied buildings with four units or less, single-family homes sold or rented by the owner without the use of an agent, and religious organizations providing housing for their members.
When it comes to vacation rentals specifically, it depends on whether they are considered “dwellings” under the FHA. According to the U.S. Department of Housing and Urban Development (HUD), a dwelling is defined as “any building, structure or portion thereof which is occupied as or designed or intended for occupancy as a residence by one or more families.”
If a vacation rental falls under this definition of a dwelling and is being rented out by someone who owns more than three properties used for short-term rentals (as opposed to long-term leases), then they may be subject to the FHA’s anti-discrimination guidelines.
Why Does this Matter?
It matters because discrimination in any form is illegal and can have serious consequences. If someone feels they have been discriminated against when trying to rent a vacation property due to their race, religion, or any other protected characteristic, they can file a complaint with HUD or pursue legal action.
What Can Vacation Rental Owners Do to Ensure Compliance?
Vacation rental owners can take a few steps to ensure they are in compliance with the FHA:
1. Educate Themselves on the Law
Owners should educate themselves on the FHA and its guidelines to ensure they are not inadvertently discriminating against potential renters.
2. Be Consistent in Rental Practices
Owners should have clear and consistent rental practices that do not discriminate based on protected characteristics. For example, if they require a background check for one renter, they should require it for all renters.
3. Provide Accommodations for Disabilities
Owners should provide accommodations for individuals with disabilities if requested, such as wheelchair ramps or service animal access.
- The Fair Housing Act prohibits discrimination in the sale or rental of housing based on protected characteristics.
- Whether or not the FHA applies to vacation rentals depends on whether they meet the definition of a “dwelling” and how many properties are being rented out by the owner.
- Vacation rental owners can take steps to ensure compliance with the FHA by educating themselves on the law, having clear rental practices, and providing accommodations for disabilities.
The Bottom Line
In conclusion, while it may be unclear whether or not vacation rentals are subject to the Fair Housing Act’s anti-discrimination guidelines, it is important for owners to be aware of these regulations and take steps to ensure they are not discriminating against potential renters. By doing so, owners can provide a fair and welcoming experience for all guests.