Fair Housing

Phil Querin Article: Responding to ICE Inquiries - Revised To Include SB599 Regulations

Note:   This revised article (as of 12/12/25) references SB 599 which Oregon passed in May that prohibits vetting applicants (or discriminating against them) based on immigration status. 

Landlords and Managers are now being faced with inquiries/investigations involving their tenant by ICE (U.S. Immigration and Customs Enforcement). This creates a challenge in balancing (a) tenant confidentiality and Fair Housing rights versus (b) compliance with federal immigration laws. The following article is not intended to constitute legal advice. Members should always consult their own attorneys in dealing with specific issues.

 

Federal and State Fair Housing Issues.  The federal Fair Housing Act, prohibits discrimination based on:

How to Avoid Illegal Steering - Don’t Let a Leasing Agent’s Seemingly Innocent Comment Get You Sued For Illegal Steering

 

Picture this: A gay couple visits your leasing office asking about available one-bedroom apartments. There are two such apartments available but your leasing agent shows the couple only one. She doesn’t mention the other apartment because she wants to keep the couple away from the resident in the neighboring apartment because she’s heard him using gay slurs. Since she’s only trying to protect the couple, her actions don’t violate fair housing law. Right?

Wrong. 

Even if well meaning, the leasing agent could be accused of discrimination because she directed or “steered” the couple away from a particular apartment because of their sexual orientation.

Use 4-Step Process for Evaluating Accommodation Requests

 

The decision often hinges on what is and isn’t “reasonable.”

Fair housing laws require landlords to make “reasonable accommodations” for rental prospects and residents who have disabilities. Disagreements over whether requested accommodations are reasonable are a perennial cause of discrimination complaints. And in many cases, it falls to HUD enforcers and judges to resolve the dispute. 

 

Once that happens, it becomes impossible to predict the outcome, since each case turns on the specific facts and circumstances and the credibility of the parties and witnesses involved. Even if you end up winning, getting embroiled in these cases can cost you a fortune in legal fees, distractions, and time. 

DO Keep Good Records to Counter Discrimination, Retaliation Claims  - DON’T Neglect Your Paperwork 

 

Good recordkeeping is essential to your success in fending off fair housing claims when dealing with residents who break the rules. If challenged, you’ll need proof that you had legitimate, nondiscriminatory reasons for taking action against the resident—that he in fact broke the rules—and that you’ve consistently applied the rules against other residents for the same or similar misconduct.

Be prepared to produce your written policy detailing your community’s standard of conduct and documentation that the resident knew about it. To prove the resident violated the rules, you should have records about his payment history or complaints against him, including evidence about the frequency and severity of the problem behavior.

DO Be Prepared for Potential Retaliation Claims - DON’T Crack Down Because of a Prior Fair Housing Complaint 

 

Even with solid evidence that a resident has broken your rules, you run the risk of a retaliation claim any time you take action against a resident who has filed a fair housing complaint against you.

Under the FHA, it’s unlawful to “coerce, intimidate, threaten, or interfere with” anyone who has exercised her rights under fair housing law—as well as anyone who has helped or encouraged someone to do so.

DO Enforce Rules Governing Common Areas - DON’T Unreasonably Limit Children’s Activities

It’s okay to enforce reasonable rules, especially in common areas, where the community has a legitimate interest in maintaining the property, ensuring safety, and protecting the right of all residents to peaceful enjoyment of their homes.

Just make sure that the rules don’t unfairly target families with children—or anyone else protected under fair housing law. You may have legitimate concerns about outdoor play activities that could disturb neighbors or damage your property, but avoid rules that specifically target children’s behavior.

DO Enforce Rules to Prevent Harassment, Maintain Safety - DON’T Ignore Accommodation Requests Related to Disruptive Conduct 

Take steps to enforce rules to prevent harassment or other misconduct by or against residents. If a resident complains about being harassed by other residents based on his race or other protected class, then you should take the complaints seriously. Fair housing experts advise that you should investigate the complaints and, if true, take action to stop the harassment.

If a resident with a disability is harassing or otherwise threatening his neighbors, then you may take action, but only after considering the ramifications of fair housing law.

DO Consider Accommodation Requests for Assistance Animals - DON’T Refuse to Make Any Exception to Pet Policies

It’s particularly challenging to handle requests for assistance animals by residents who’ve been caught violating your pet policies. The longer the resident has been breaking the rules, the more you may wonder whether he’s unfairly trying to pass off his pet as an assistance animal.

However reasonable your suspicions, it’s necessary to set them aside and handle the request as a request for a reasonable accommodation.

DO Be Prepared for Reasonable Accommodation Requests - DON’T Ignore Disability-Related Requests for Exceptions to the Rules

 

Be prepared to handle requests for reasonable accommodations when residents are caught breaking the rules. It may sound like an excuse, but it should alert you to your obligations under fair housing law to provide reasonable accommodations to individuals with disabilities. The FHA requires communities to make exceptions to rules and policies as reasonable accommodations for individuals with disabilities when doing so is necessary to give them an equal opportunity to use and enjoy their dwelling.

And don’t be thrown off by what the resident says or when he says it. Whenever a resident raises a disability-related reason for violating the lease or community rules, you should treat it as a reasonable accommodation request.

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