Does the Fair Housing Act Apply to Vacation Rentals?

By Robert Palmer

If you own or manage vacation rentals, it’s important to know your legal obligations. One question that often comes up is whether the Fair Housing Act (FHA) applies to vacation rentals. The answer is not always straightforward, but here’s what you need to know.

What is the Fair Housing Act?

The FHA is a federal law that prohibits discrimination in housing based on certain protected characteristics. These include race, color, national origin, religion, sex, familial status, and disability. The law applies to most types of housing, including apartments, single-family homes, and condos.

So does the FHA apply to vacation rentals?

The answer is: it depends. In general, if you rent out a vacation property for less than 30 days at a time and you occupy the property at least some of the time during the year, you are exempt from the FHA. This exemption applies regardless of how many properties you own or manage.

However, if you do not occupy the property yourself and/or rent it out for more than 30 days at a time, then the FHA may apply. This means that you cannot discriminate against potential renters based on their protected characteristics.

What does this mean in practice?

If your vacation rental falls under the FHA’s jurisdiction, there are several things you need to keep in mind:

  • You cannot advertise or make any statements that indicate a preference based on protected characteristics.
  • You cannot refuse to rent to someone based on their protected characteristics.
  • You cannot impose different rental terms or conditions based on someone’s protected characteristics.
  • You must make reasonable accommodations for tenants with disabilities.

Examples of Fair Housing Violations

Here are some examples of actions that could be considered violations of the FHA:

  • Refusing to rent to someone because they have children
  • Setting different rental rates for people of different races
  • Telling a person with a disability that they cannot bring their service animal
  • Advertising a property as being for “adults only” or “no kids allowed”

What are the consequences of violating the FHA?

If you violate the FHA, you could face legal action from the Department of Housing and Urban Development (HUD) or from private parties who feel they have been discriminated against. The penalties can be steep, including fines, damages, and attorney’s fees. Your reputation can also be damaged, which can impact your ability to attract renters in the future.

In conclusion, it’s important to know whether the Fair Housing Act applies to your vacation rental. If it does, make sure you understand your obligations and take steps to comply with the law. By treating all potential renters fairly and equally, you’ll not only avoid legal trouble but also build a reputation as a responsible and ethical landlord.