By Lane V. Erickson, Attorney
The Fair Housing Act is a federal statute that was adopted in 1968 and amended in 1988 with the goal of eliminating several previous discriminatory practices related to the sale or rental of housing. This statute was enacted during a time when many other civil rights statutes were created concerning ending discrimination in employment, education and rights of public access.
The Fair Housing Act specifically provides that a person cannot be discriminated against in most housing transactions because of their race, gender, religion, national origin, or color. The Fair Housing Act was amended in 1988 to include familial status (which is the presence of children under the age of 18) and persons with disabilities.
Idaho Landlords are required to comply with the Fair Housing Act. The Fair Housing Act covers most Idaho rental housing. However, there are some Idaho Landlords who are specifically exempt from the requirements of the Fair Housing Act.
As written, the Fair Housing Act covers most — but not all — Idaho housing. Some exemptions to coverage under the Fair Housing Act include:
- Owner-occupied buildings with no more than four units (which is commonly known as the Mrs. Murphy exemption). This is usually a duplex, triplex or fourplex where the owner lives in one of the units and rents out the other units. The Fair Housing Act does not cover this type of Idaho rental housing.
- Single family housing sold or rented without the use of a broker if the private individual owner does not own more than three such single family homes at one time. If you are a small Idaho property investor owning three or less single family rentals, then you are not required to follow the Fair Housing Act.
- Housing operated by organizations and private clubs that limit occupancy to members. This would include fraternity or sorority housing as an example.
If you have any questions about whether the Fair Housing Act affects you and your Idaho Property, we encourage you to talk with an attorney.
Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Landlord and Tenant Law and Real Estate attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Landlord and Tenant Law and Real Estate questions and will help you solve your Idaho Landlord and Tenant Law and Real Estate needs.