Tennessee Fair Housing Act: An Overview

Key Takeaways

• The Fair Housing Act applies to most rental housing types and guides how landlords advertise, screen, lease, and interact with residents.
• Federal law protects seven classes, and while Tennessee follows these standards statewide, local rules may add extra requirements.
• Fair housing practices focus on consistency, using the same lease terms, screening criteria, and communication approach for everyone.
• Thoughtful policies like objective screening and reasonable accommodations help create inclusive housing and support long-term success.

The Federal Fair Housing Act is a landmark legislation that was established in 1968. It makes it illegal for landlords and other players in the housing industry to engage in discriminatory behaviors based on some protected classes.

The federal law covers almost all housing types. Including single-family homes, condominiums, apartments, mobile homes, and groups. It, however, provides some limited exemptions for the following four types of housing. 

• Owner-occupied buildings with a maximum of four units. 
• Single-family homes that have been rented out without the help of a broker 
• Housing operated by religious organizations or private clubs. 

At the federal level, the Fair Housing Act is enforced by the Department of Housing and Urban Development (HUD). In Tennessee, this is regulated by the state’s Human Rights Commission. 

As a landlord, understanding your legal obligations under the act is key to your success. This is because the act applies in all interactions you have with the resident. Whether when marketing the unit, screening prospective residents, or responding to repair issues, among other scenarios. 

Violating it can also have serious legal and financial implications. A first violation can set you back by tens of thousands of dollars, while repeat offenses can reach six figures. Not to mention the reputation damage. 

Here is a guide by Keyrenter Chattanooga on what the Fair Housing Act in Tennessee entails. 

What are the Protected Classes under the Fair Housing Act in Tennessee? 

The federal act covers 7 protected classes: race, sex, color, nationality, religion, disability, and familial status. 

What are some Examples of Housing Discrimination? 

The following are some actions that can get you into trouble with the Tennessee Human Rights Commission. 

• Advertising the unit in a way that encourages or discourages certain groups from applying. For example, saying that the unit is ideal for a single person, or that you prefer a married couple. 
• Refusing to rent out your property on a bona fide offer simply because the prospective resident doesn’t fit your racial or sexual preferences. 
• Asking prospective residents illegal screening questions. For example: where are you originally from? Do you have children? Are you married? And so on.
• Falsely claiming the unit is unavailable after meeting the prospective resident in person and realizing they don’t fit your racial preference. 
• Offering different terms to residents depending on their protected characteristic. 
• Steering a prospective resident to another neighborhood ‘where they would easily fit in’. 

What are the Potential Penalties for Violating the Fair Housing Act? 

As a landlord, violating the FHA, whether intentionally or otherwise, can have severe penalties. The specific penalties will vary depending on the agency handling the complaint and the violator’s history. Additionally, you may have orders to pay the resident punitive damages, as well as meet their court and attorney fees.

What Can Landlords Do to Stay Legally Compliant with the FHA? 

To avoid potential discrimination complaints from residents, the following are some strategies you can employ for legal compliance. 

Know Which Protected Classes Apply to You

Understanding protected classes is an important part of operating rental housing responsibly. In Tennessee, there are no additional statewide protected classes beyond federal law, but local municipalities may have their own rules. 

That means requirements can vary depending on where the property is located. Taking time to review local ordinances or checking with a city or county office helps ensure policies align with current standards.

Staying informed allows property owners and managers to make decisions that are consistent, lawful, and respectful of residents in their community.

Apply Lease Terms Consistently

Clear lease enforcement supports fairness across the entire community. When rules are applied the same way to every resident, it builds trust and transparency. Consistency means following the written lease exactly as it is written, without exceptions based on personal relationships or assumptions. 

Objective enforcement also helps create predictable expectations for residents, which can improve communication and cooperation. Keeping detailed records of notices, communications, and actions taken can support this approach.

By focusing on documented lease terms rather than personal judgment, landlords can maintain a professional standard that treats everyone equally.

Use a Fair and Objective Screening Process

A structured resident screening process helps ensure decisions are based on measurable criteria rather than personal impressions.

This often includes reviewing income, credit history, rental history, and references using the same standards for every applicant. Written screening guidelines are helpful because they create clarity for both applicants and staff. 

Sharing these criteria upfront also encourages transparency and sets clear expectations. An objective process supports consistency and makes it easier to explain decisions if questions arise. When screening is handled the same way every time, it promotes confidence and fairness throughout the application process.

Offer Reasonable Accommodations for Disabled Residents

Providing reasonable accommodations allows disabled residents to fully enjoy their homes while respecting housing guidelines. This may include allowing service animals or emotional support animals, even if pets are otherwise restricted. 

It can also involve permitting reasonable modifications to a unit when the resident covers the cost and follows approved guidelines. 

Open communication is key in these situations, as it helps clarify needs and expectations on both sides. Handling accommodation requests thoughtfully supports inclusive housing practices and helps ensure residents feel welcomed and supported in their living environment.

Conclusion 

Treating a resident fairly, equally, and respectfully is a recipe for success. And this is what the Fair Housing Act in Tennessee advocates for. Luckily, with this guide, you now have all the important basics to help you stay legally compliant in this regard.

If you have a question about any other aspect of landlord-tenant law or need expert property management help in Chattanooga, look no further than Keyrenter Chattanooga. We are a top-notch choice for property management services in Chattanooga, TN, and its surrounding areas. Get in touch to learn more! 

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.