This year marks the 50th anniversary of the Civil Rights Act, which also included the Fair Housing Act. While this is definitely something to be celebrated, the practice of fair housing is complex and nuanced.

Simply stated, the act includes laws at every level – Federal, State & Local – that prohibit housing discrimination on the basis of race, color, nationality, gender, religion, age, family status, and mental or physical handicap. It is unlawful to refuse or fail to show an apartment, to not supply rental info, or to not rent an apartment because of an applicant’s protected status. It is also unlawful to impose different terms or conditions based on an applicant’s protected status.

However, this is where the nuances can cause problems in the enforcement of these rules. There are subtleties in the legislation that can result in loopholes and breaches of law. For example, “steering” is when a manager, while not outright saying no to the applicant, encourages them to look elsewhere and dissuade a prospect from continuing the application process with them.

Another issue is that of how fairness is perceived. Applying a blanket set of rules, while well intentioned, can impact one group of people of protected status more than another. The fact of the matter is that each person is different, as are their life circumstances and needs. Implementation of a set of rules that works well for one person or group may negatively impact this other person or group.

So, what can be done? The most effective practice, as identified by the Institute of Real Estate Management, is for each company to develop a code of ethics that is a driving force behind all relationships between employees, potential tenants/renters, vendors, and the public. This code defines what an ethical relationship is, and how it addresses nuances based on each individual’s needs and situation.

At the end of the day, common sense and approaching each situation as ethically as possible are crucial to the successful implementation of fair housing as beneficial for all parties involved.