What Do Florida Landlords Need to Know About Fair Housing?

Fair housing law prohibits housing decisions based on who someone is. Under federal law, the protected classes are race, color, religion, sex, national origin, familial status (including families with children), and disability, and violations commonly cost $5,000 to $20,000 each. The best protection is applying the same criteria and procedures to every applicant and resident, every time.

Written by Kyle Vaillancourt, Licensed Florida Real Estate Broker, Providence Property Management. Last reviewed: September 2026.

Who is protected by fair housing law in Florida?

The federal Fair Housing Act protects race, color, religion, sex, national origin, familial status, and disability. The Florida Fair Housing Act protects the same classes, and some Florida counties and cities add further protections through local ordinances.

In simple terms, housing decisions can't be based on who someone is. They must be based on objective, consistent criteria.

Why are fair housing violations such a big deal?

Because they're expensive. Settlements and damages in fair housing cases commonly range from $5,000 to $20,000 per violation. In some cases, residents can also avoid outstanding rent, and legal fees alone can be significant.

Many violations aren't intentional. They're procedural mistakes.

Do fair housing testers really call property managers?

Yes. There are attorneys and professional testers whose job is to call property management companies and probe for violations. We've received these calls. In one recent example, a caller asked detailed questions about the "type of neighborhood," who it would "suit," and subtly probed whether certain groups would or wouldn't be approved. The goal wasn't to rent. It was to test compliance.

How does a property manager stay fair housing compliant?

Consistency. Every applicant and every resident is treated the same way, with the same screening criteria, the same procedures, and the same documentation, every time. Our systems are standardized so decisions are procedural and documented, not emotional or subjective. If ever questioned, we can show that we apply the same criteria across the board.

Every member of our staff is trained in fair housing compliance, and that training is ongoing. It protects our company, and it protects your property.

Why can't owners contact residents directly?

This is why our management agreement routes all resident contact through our team, including visits to the property. It isn't about distrust. It's about liability control. We don't require owners to complete fair housing training, but we do require it of our staff, and limiting resident communication to trained people dramatically reduces risk.

It also prevents what we call the "mom and dad" problem. When a resident is told no, for example about a late fee, they may call the owner hoping for a different answer. Inconsistent answers create confusion, weaken enforcement, and increase liability. A single channel of communication eliminates that risk.

What does a fair housing mistake look like?

Kyle once spoke with an owner who was deciding whether professional management was worth the fee. Her self-written rental listing stated that applicants with children would not be accepted. That single line was a potential $20,000 fair housing violation, visible to the entire public. Avoiding one mistake like that would have covered more than 100 months of management fees.

The bottom line

Fair housing compliance isn't bureaucracy. It's risk reduction by design. When systems are consistent, documented, and professionally managed, liability drops dramatically. And in rental property, avoiding a five-figure legal mistake is often worth as much as raising the rent.

Related: How Does a Property Manager Screen Residents? · What Happens When a Resident Doesn't Pay Rent in Florida?