Explaining Florida’s Fair Housing Act

When a landlord is looking for good tenants to occupy a dwelling, they can rent to whomever they see fit – in theory. In reality, federal and state law restricts a landlord from making choices based on discriminatory characteristics. Florida’s Fair Housing Act, like its federal counterpart, establishes protections for potential renters to ensure they have the same chances as anyone else at finding a place to call home.

Protections – With Rare Exemptions

The relevant statute holds that a landlord or seller cannot “make unavailable or deny a dwelling” to anyone if the refusal is based on race, color, national origin, sex, disability, familial status, or religion. It also bars dishonest conduct on the basis of these characteristics – for example, denying that a property is for rent or sale to one couple, while renting to another – and any kind of conduct designed to push a tenant out after going through with a lease.

There are exceptions to these statements, though they are very specific and rare. One of the most commonly seen is the “over 55” communities in many Florida counties. These communities, if they meet certain criteria, are authorized to refuse to rent to younger people and families, on the grounds that they would allegedly disturb the quiet enjoyment of the property for others. However, most of the potentially problematic conduct in housing discrimination is not covered by an exemption.

Filing A Complaint

If a tenant or potential tenant believes they have been the victim of housing discrimination, it is possible to file a complaint with authorities (either state or federal, though not both – the processes essentially mirror each other). Both landlords/sellers and potential tenants/buyers should retain any record that might be relevant to help iron out the dispute, but it is a good idea to enlist an attorney to help present your case when the time comes.

Be advised that a person only has 1 year from the date of the discriminatory action in which to file a complaint. This sounds like a long time, but it can go by in a flash, particularly since in many cases, a person may not be aware that they have been discriminated against until some time after the fact. If a person experiences discrimination in housing, but does not move fast enough to seek redress, that window may close before they know it.

Contact A Tampa Landlord-Tenant Attorney

If you believe that you have been discriminated against in seeking housing, know that you have the option to fight back. A Tampa landlord-tenant attorney from the Seward Law Office can help you determine your options moving forward. Contact our office at 813-252-6789 today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2025/0760.23