Oregon Fair Housing Act: An Overview

Oregon Fair Housing Act An Overview

Adhering to the Fair Housing Act is a critical legal responsibility for Oregon landlords. Understanding these laws is essential not only to avoid fines and legal action but also to foster fair and inclusive housing practices that benefit your tenants and your reputation as a landlord.

To help you navigate your responsibilities as a landlord, here’s a comprehensive guide to the Fair Housing Act and its implications under Oregon law.

What Is the Fair Housing Act?

A federal law known as the Fair Housing Act was passed in 1968 to protect people from discrimination in housing-related matters. When renting, selling, or financing a home, it is illegal to discriminate on the basis of race, color, national origin, religion, sex, familial status, or disability. 

The law aims to ensure equal access to housing opportunities for everyone, promoting diverse and inclusive communities. Under the Fair Housing Act, practices such as refusing to rent or sell a property, providing unequal terms, or advertising with discriminatory language are illegal. 

The U.S. Department of Housing and Urban Development (HUD) enforces this legislation by looking into complaints and making sure that it is followed. The Fair Housing Act promotes justice and fairness in the housing market by addressing housing discrimination.

What Are the Protected Classes Under Oregon Fair Housing Laws?

Under Oregon Fair Housing Laws, the protected classes include race, color, national origin, religion, sex, familial status, disability, marital status, sexual orientation, gender identity, source of income, and status as a domestic violence victim.

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These protections ensure that individuals cannot be discriminated against when renting, selling, or financing a home based on these characteristics. “Source of income” includes legal income such as wages, benefits, and housing assistance, such as Section 8 vouchers. 

The law also extends protection to survivors of domestic violence, ensuring they are not unfairly treated in housing due to their circumstances.

By safeguarding these groups, Oregon’s Fair Housing Laws promote equal access to housing opportunities and prohibit discriminatory practices that could hinder a person’s right to secure a home.

Common Discriminatory Behavior

The following are some of the behaviors that the bureau classifies as potentially discriminatory. 

  • Refusing to rent out your property after an applicant of a protected group meets your selection criteria. 
  • Making false claims that your unit isn’t available after a tenant who belongs to a protected class inquires. 
  • Offering tenants different conditions, terms, or privileges depending on their race or color. 
  • Steering a rental applicant away to another neighborhood because you think they wouldn’t fit in. 
  • Using discriminative phrases when marketing your vacant rental unit. For example, stating that you’re looking for a couple without children, or that the unit wouldn’t be suitable for disabled persons. 
  • Failing to provide disabled tenants with certain accommodations, or requests for modifications which are within reason. 
  • Not taking action after a tenant complains to you about a neighbor who is throwing racial slurs at them. 
  • Requiring a disabled tenant to pay a pet deposit or a monthly pet rent for their service animal. 
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What Types of Housing Are Exempt From the Fair Housing Act?

Certain types of housing are exempt from some provisions of fair housing laws under specific conditions. However, landlords in Oregon must be mindful of state-specific requirements, which may impose additional obligations even on exempt properties.

The following are the housing types that may qualify for exemptions:

  • Owner-Occupied Buildings: Federally, owner-occupied buildings with no more than four units may be exempt if the owner resides in one of the units as their primary residence. However, Oregon landlords must still comply with state anti-discrimination laws, which may require adherence to protections for additional classes.
  • Religious Organizations and Private Clubs: Housing owned and operated by religious organizations or private clubs may give preference to members of their religion or organization, provided the housing is not for commercial purposes and there is no discrimination based on race, color, national origin, or other protected classes.
  • Single-Family Rentals: Federal exemptions apply to single-family homes if the owner owns three or fewer such properties, does not use brokerage services, and does not engage in discriminatory advertising. In Oregon, landlords must still ensure compliance with state-specific protections and tenant rights.

Tips for Landlords When It Comes to Fair Housing Compliance

Understand Federal, State, and Local Laws

  • Familiarize yourself with the Fair Housing Act and any state or local laws, such as Oregon’s additional protections for marital status, sexual orientation, domestic violence, and source of income.
  • Stay updated on changes in legislation to avoid inadvertent violations.
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Apply Policies Consistently

  • Use standardized criteria for tenant screening, such as income requirements, rental history, and credit scores.
  • Avoid making exceptions for some applicants but not others, as inconsistency can be interpreted as discrimination.

Be Cautious with Advertising

  • Ensure rental advertisements use neutral language. Avoid phrases like “ideal for single professionals” or “no children,” which could be discriminatory.
  • Highlight the property’s features instead of speaking to a specific tenant demographics.

Keep Records

  • Maintain documentation of tenant applications, screening decisions, and communications. This creates a clear record of non-discriminatory practices.
  • Keep copies of rental agreements, inspection reports, and notices to tenants for a defined period.

Avoid Discriminatory Questions

  • During tenant inquiries or interviews, focus only on information relevant to the rental process, such as income verification and rental history.
  • Do not ask about personal matters such as family size, religious practices, or disabilities.

Provide Reasonable Accommodations

  • Be prepared to make reasonable accommodations for tenants with disabilities, such as allowing service animals or installing grab bars in bathrooms.
  • Understand the difference between reasonable accommodations and undue burdens.

Respond to Complaints Proactively

  • Take any discrimination complaints seriously and address them promptly.
  • Document the steps taken to resolve complaints to demonstrate good-faith efforts.

Conclusion 

Understanding and complying with the Fair Housing Act is a cornerstone of being a successful landlord in Oregon. By adhering to these laws, you can protect yourself from legal risks, build trust with tenants, and contribute to equitable housing practices.

For guidance on fair housing compliance or full-service property management, contact Century 21 Northstar today. For expert help in this regard or property management as a whole, don’t hesitate to get in touch with Century 21 Northstar.

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Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.