What is Disparate Impact and How it affects Landlords and Managers
greboredo • December 18, 2019
Can you be discriminating against tenants not knowing it? Can you deny a tenant with a criminal record?
The Fair Housing Act does not specifically deny a landlord the right to reject an applicant based on a prior conviction; however, HUD has issued a statement saying a blanket policy to deny felons can have an impact on minority populations under “disparate impact.”
What is disparate impact? It’s an act of discrimination that may not harm a single individual under the Fair Housing Act but is deemed harmful to a minority group overall. According to HUD, some minority communities have a higher percentage of members convicted of a felony, and that makes blanket policies against all felons discriminatory under the Fair Housing Act.
“Unfortunately, it doesn’t matter if a rental policy purposely discriminates or not, however,” says Grant. “With HUD’s recommendations in hand, a law firm can file a lawsuit. And even if a property management company has done nothing wrong, it’s always expensive for a brokerage to defend itself in court.”
Things to consider when developing an in-house rental policy
Overall impact
Does the policy have a disparate impact – an action that may not discriminate against a specific applicant yet still impact a group protected under the Fair Housing Act? Is there a distinct impact on a group of people because of their race or national origin, for example? HUD recognizes that this is fact specific; however, it points to several Department of Justice statistics showing that blanket denials based on criminal history have a significant impact on African Americans and Hispanics.
Justified policy
A housing provider must show that its screening policy is justified, which HUD defines as “necessary to achieve a substantial, legitimate, nondiscriminatory interest.” The policy can’t be speculative or hypothetical, meaning evidence must exist that supports the screening policy. While protection of other residents’ safety and their property may be considered, the housing provider must prove, through “reliable evidence,” that the policy serves that purpose.
Alternatives
Is a less discriminatory alternative available? Examples will depend on the details of the applicant’s background. However, HUD mentioned the length of time that has passed since an applicant’s conviction, a good tenant rental history before or after the conviction, and the circumstances surrounding the criminal conduct.
Click here
to watch a video from Juana Watkins from Florida Realtors with more information on this subject
Share this post
Think again !!
Welcome to this month’s Investor Newsletter. With market conditions varying widely from one metro to the next, staying informed has never been more important. This edition dives into the shift away from a one-size-fits-all housing market, highlights the hidden value of assumable mortgages, and covers the SFR headlines worth watching this month. Let’s dive in! The Death of the “National Housing Market”: Why Local Knowledge Is the New Investor Edge For years, real estate investors could rely on a familiar narrative: the housing market is hot or the market is cooling. But in 2026, that headline is becoming less and less applicable as there is no longer just one housing market. Instead, there are thousands of local markets moving at different speeds. At the national level, housing appears more balanced than it has in years. According to Realtor.com’s Housing Market Report , April contract signings rose 4.5% year over year, while new listings reached their highest level since 2022. On paper, that suggests momentum is returning, but beneath the surface, the story can change by region, metro, and even ZIP code. Realtor.com found that performance across the top 50 U.S. metros varies widely, buyer activity is picking up in some areas, while others remain slow. In fact, many of the strongest-performing housing markets in early 2026 have been concentrated in the Midwest rather than the typically strongest Sun Belt region. A recent Fortune analysis noted that affordability and home pricing are helping Midwest markets outperform many southern metros in which are now facing softer demand and rising inventory. Rental performance is becoming just as localized too. The latest SFR Index found rent growth slowing significantly compared to prior years, with standalone SFR rents increasing just 0.8% year over year nationally in February. Meanwhile, some markets continue to stabilize while others face more pressure from new supply and affordability challenges. Additionally, according to a Yardi Matrix report , areas with more new construction, particularly in parts of the Sun Belt, are seeing weaker rent growth. Local market changes often show up first in property management data. Leasing activity, renewal rates, concessions, and tenant demand tend to change at the neighborhood level long before national housing reports reflect them. One area may remain highly competitive while a nearby neighborhood sees slower leasing activity. As an investor, it may be time to look beyond national headlines and even citywide trends when evaluating markets. You may want to look at where homes are leasing fastest and which neighborhoods are seeing new supply. Competitive edge may not come from choosing the right city, but from understanding the right block. As your property management company, we are here to help, so please reach out if you have any questions about your market. Did You Know: Assumable Mortgages Everything You Need to Know in 60 Seconds! What exactly is an assumable mortgage? Instead of getting a brand-new loan, the buyer takes over (or “assumes”) the seller’s existing mortgage, including the current interest rate, remaining balance, and loan terms. Not all loans qualify, but many FHA, VA, and USDA loans do, while most conventional loans do not. Who can use this? Real estate investors, homebuyers, and sellers can all benefit. For investors, assumable loans can be attractive when today’s interest rates are much higher than the seller’s existing loan rate. On the other side, it can also be used as a major selling point. Where can investors find this? Assumable mortgages can be found nationwide, but availability depends on the financing already attached to the property. Most conventional bank loans have a "due-on-sale" clause, which means they cannot be assumed. When is the best time to use this? These loans become especially valuable when current mortgage rates are much higher than rates from previous years. Assuming a mortgage at 3% instead of getting a new loan at 7% could dramatically reduce monthly payments for investors. Why does this matter? As a buyer, an assumable mortgage can help improve cash flow, lower financing costs, and make a property more attractive to future buyers. As a seller, it acts as a massive marketing tool. Offering a built-in low interest rate allows your property to stand out. Investor Takeaway: A low-rate assumable mortgage can be a valuable opportunity when buying AND a strong selling feature when it’s time to exit an investment. SFR Trending Headlines Stay Up to Date on the Hottest SFR News & Stories Are Single-Family Rentals Climbing While Apartments Slump? The Summer Pause : Why Zillow Says the Housing Recovery Just Hit a Wall Lizzo Offloads Her Beverly Hills Compound at a Massive $4M Discount Wall Street Is Betting $15 Billion on a Brand-New Wave of Housing Supply Why Ellen DeGeneres Just Listed Her $30M Eco-Farmhouse and Left for the UK Rate Update: We've Partnered with LendingOne to Bring You The Best DSCR Rates & Terms! DSCR Loan Advantages: Rates Often Lower Than Banks No Personal Income Requirement No Tax Returns Needed Not Reported on Credit Faster Closing Times Specialized Loans for Investors Only! To Inquire about Single Family Investor loans by email us at office@properties.rent Until Next Month! The Florida Property Management Services Team
Florida HB 803 is a new law that exempts certain residential construction work valued under $7,500 from building permit requirements, effective July 1, 2026. This law aims to simplify the permitting process and reduce delays for small home improvement projects. Resources: Florida House Adam & Reese Attorneys Overview of Florida HB 803 Florida HB 803 is a new law that significantly changes the building permit requirements for residential construction in Florida. It is set to take effect on July 1, 2026. Key Provisions Permit Exemption: Residential construction work valued under $7,500 is exempt from building permit requirements. Local Government Limitations: Local officials are restricted from inspecting exempted work. Temporary Structures: The law allows for certain temporary hurricane or flood protection walls to be built without a permit. Additional Changes Private Provider Authority: Expands the role of private providers in the permitting process, reducing local oversight. Homeowners' Associations: Prohibits HOAs from requiring permits for architectural reviews of proposed improvements. Permit Review Deadlines: Introduces mandatory deadlines for permit reviews, aiming to speed up the process. Important Considerations Written Request: Homeowners or contractors must submit a written request for exemption to the local enforcement agency. Prohibition on Project Splitting: Projects cannot be divided into smaller components to evade the $7,500 threshold. Exclusions: The exemption does not apply to electrical, plumbing, mechanical, gas, or structural work. This law aims to streamline the permitting process, reduce costs, and encourage home improvement projects across Florida. Very Important to remember: Under Florida HB 803, residential construction work valued under $7,500 is exempt from building permits, except for electrical, plumbing, mechanical, gas, or structural work, which still require permits regardless of cost. The exemption also does not apply to properties in flood hazard areas
