Nevada Fair Housing Act: An Overview

06 Jan Nevada Fair Housing Act: An Overview

Key Takeaways

• There’s a broad range of protections: Nevada adds ancestry, sexual orientation, and gender‑identity/expression to the federal Fair Housing Act, creating ten protected classes (plus some extra local protections).
• The FHA applies to all facets of the landlord-tenant relationship: From marketing, to upholding lease agreements, to managing security deposits, landlords must remain consistent regardless of a resident’s personal characteristics.
• Compliance safeguards success: Following federal, state, and local fair‑housing laws reduces legal risk, preserves reputation, and promotes stable, long‑term tenancy that boosts ROI.

Successful landlords have certain traits in common, among them being the diligence to stay legally compliant with federal, state, and local fair housing laws. In Nevada, the fair housing laws are part of the Nevada Revised Statutes Chapter 118A, which all Nevada landlords must adhere to.

The Fair Housing Act (FHA) is a federal law that prohibits discrimination in most housing-related activities including the buying, selling, renting, and mortgage financing of a wide variety of housing types. As a landlord, it’s imperative that you understand your legal obligations to conduct your rental business fairly. 

The FHA applies to almost every facet of the landlord-tenant relationship, including the language you use to market the unit, your method for choosing residents, the timing of rent increases, the way you go about evicting a difficult resident, and much more.

Knowing the FHA laws helps you avoid potential violations. Even if you don’t have ill intent to discriminate, ignorance of the law isn’t an accepted legal defense and the resulting penalties could be steep, impacting your bottom line and your reputation as a landlord.

This guide to Nevada’s Fair Housing Act by USA Property Management has got you covered! Read on for a comprehensive FHA overview and get one step closer to responsible rental property ownership.

Want to talk to one of our team members about your legal compliance needs?

GET IN TOUCH

What is the Fair Housing Act?

The Fair Housing Act is also known as Title VIII of the Civil Rights Act of 1968. Codified at 42 U.S.C. §§ 3601 – 3619. 2, it became law on April 11th, 1968, when the bill was signed by President Lyndon Johnson.

Despite some opposition by Americans and Members of Congress who argued that housing was a private transaction and the federal government had no right to interfere in private matters, the bill finally passed. This marked the last major piece of civil rights legislation of the era.

The Federal Fair Housing Act made it illegal to discriminate against people seeking housing who belong to any of the seven protected classes: 

• Race
• Color
• Sex
• Religion
• Nationality
• Familial Status
• Disability

And it continues to do so today!

What is the Fair Housing Act in Nevada?

In addition to the seven protected classes under federal law, various local and state jurisdictions have passed legislation to add more specific protections. This is the case in Nevada, which has passed legislation to extend the list of protections provided at the federal level to include:

• Ancestry
• Sexual Orientation
• Gender Identity or Expression 

As such, there are a total of ten protected characteristics in Nevada: race, sex, disability, familial status, color, nationality, religion, ancestry, sexual orientation, and gender identity or expression.

Some local jurisdictions have also passed their own legislation to protect additional classes of people seeking housing, so be sure to check whether there are any such local ordinances where your property resides. 

The agency that oversees potential fair housing complaints in Nevada is the state’s Equal Rights Commission. You may want to consider reaching out to an organization that supports Nevada renters rights to get a complete picture of state fair housing requirements.

How to Comply With the Fair Housing Act in Nevada

The following are some examples of ways that you should operate as a landlord who complies with the Fair Housing Act and Nevada Equal Rights Commission:

• Promptly inform every prospective resident when a unit is available, and treat all inquiries equally.
• In marketing materials, present your unit as being suitable for all qualified applicants.
• When evaluating applications, apply the same qualification criteria to every applicant regardless of their personal characteristics.
• Return or hold a resident’s security deposit in accordance with the lease terms and the law, treating all tenants fairly.
• Provide reasonable accommodations and modifications to disabled occupants and applicants whenever required, ensuring equal access to housing.
• Conduct evictions only for legitimate, non‑discriminatory reasons that are clearly outlined in the lease and applicable law.
• Interact with residents respectfully, avoiding any coercion, threats, or pressure based on race, color, sex, national origin, religion, familial status, disability, or any other protected characteristic.

Avoiding discriminatory actions not only protects you and your investment from detrimental legal consequences, but is a fair and just way to operate your rental business responsibly.

Conclusion

Complying with the Fair Housing Act in Nevada, as well as other landlord-tenant laws, is crucial for your success as a rental property owner. You not only avoid potential legal trouble, but also build a strong landlord-tenant foundation that will reward you with consistent long-term lease renewals and optimal ROI.

If you have any questions about the way the Fair Housing Act functions for Nevada landlords, or if you need any other expert property management help, look no further than USA Property Management. 

We’re a reliable and professional family-owned property management company operating in and around Las Vegas. We can guarantee you peace of mind and optimal returns on your investment. 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.

We want to help manage your rental property.

REACH OUT TODAY