We read the statistics almost daily that housing in Southwest Colorado is in short supply. The term “housing crisis” is becoming popular. As Economics 101 teachers explain on Day 1, the law of supply and demand controls. Low supply, high prices.
Often, this lecture is accompanied by colorful charts showing the demand curve and long lectures discussing the supply relationship, equilibrium and other nuances of economics. At the end of the day, the take away is the basic concept that prices will rise as long as something is in short supply. With a 2 to 4 percent vacancy rate in our local communities, it is clear why rents have risen in double-digit numbers over the past couple of years.
For those seeking housing, there is an unanticipated impact to the tight housing market – being rejected for available housing. If a tenant can pay the rent, can a landlord choose another tenant for any reason at all? Not exactly. There have been “fair housing” laws on the books for more than 50 years. But, with the tightening of the rental market, landlords are being more picky about choosing or keeping a tenant because they have multiple potential tenants to choose from. Sometimes there are long applications and interviews, asking many detailed questions, and it is becoming more common that an existing tenant is asked to leave after a lease period. The fair housing laws govern what criteria landlords may not consider when making these decisions.
The Fair Housing Act was signed into law in 1968 by Lyndon Johnson one week after the assassination of Dr. Martin Luther King. The political will of the time was to promote equality. The goal of the Fair Housing Act is to promote equal access to both rental and homeownership opportunities. The Fair Housing Act covers many protected classes including: race, color, religion, sex, disability, familial status and national origin. Colorado has expanded the protected classes to also include marital status and sexual orientation. What that means is that a landlord cannot make any decision or discriminate against any person for any of the above reasons. For example, a landlord cannot discriminate against a potential tenant because the family has a child or the because of a person’s sexual orientation.
For a disabled person, the protection of the Fair Housing Act goes beyond decision-making, and there are other more recent laws such as the Americans with Disabilities Act, that protect disabled people seeking accommodations. A landlord must allow a tenant to make reasonable physical accommodations to a home (such as grab bars), and the landlord must make reasonable accommodations to policies, practices or services, if necessary for a disabled person to use the housing on an equal basis with nondisabled people. Because 10 percent of the state of Colorado’s population is living with a disability, these rules apply to many people.
Where are we seeing this come up locally? Two common examples are parking and dogs, two subjects about which this community has strong opinions, although those opinions are often conflicting. Under the Fair Housing Act, a landlord must provide an assigned parking spot close to the building even if the general practice of the building is unassigned spots, if a tenant needs the assigned parking because of a disability.
The laws around service animals are not as simple. For example, the Americans with Disabilities Act only requires a landlord to allow a trained service dog, and oddly there is also a provision about trained service miniature horses. The Americans with Disabilities Act specifically does not require a landlord to allow emotional-support animals. That being said, the other fair housing laws, including the Fair Housing Act, are more broad and require a landlord to allow emotional-support animals. This broader rule applies to most types of housing, with a few limited exemptions. These conflicting provisions have created confusion locally with landlords and have resulted in many landlords not properly following the law.
While the laws are complicated, it is important to keep in mind their original purpose, which is to ensure that every person has access to housing. It is impossible to legislate open-mindedness and compassion, but the fair housing laws are attempting to increase our diversity and inclusiveness. I would urge both landlords and tenants to get more information about what is required and try to work together.
The Housing and Urban Development Office of Fair Housing in Denver can guide people through the best practices for fair housing. Its toll-free number is (800) 877-7353.
Elizabeth Salkind is a Durango attorney and director of Housing Solutions for the Southwest. Reach her at esalkind@swhousingsolutions.com.
