It's so fun to evict tenants! However, evictions are sometimes necessary. Owners and managers have the right to evict tenants who do not pay their rent, damage the unit, harass other tenants or continue to break established rules despite prior warnings. However, all tenants must be held to the same standard when the decision to evict is made.
     Fair housing laws prohibit different treatment in housing based on "protected classes" status. "Protected classes" are race, color, religion, national origin, sex, marital status, parental status, age, sexual orientation, disability, or receiving a Section 8 Housing Subsidy.
     Owners and managers who are considering eviction should evaluate whether eviction is based on a valid, nondiscriminatory reason.
     Remember, even if the eviction may be justified on other grounds, if an individual's protected class plays a part in the decision-making, the owner and manager can be held liable. If you are an owner or manager, consider whether you would take the same action regardless of who committed the infraction. Do you have a policy? Do you follow the policy uniformly? Are tenants aware of the policy? Do not make exceptions for some tenants who do not follow the rules unless you are prepared to make them for all. It's important that you keep thorough records on all tenants including rental payment history, complaints from other tenants, warnings and notices issued, and documentation of all circumstances and actions leading to the eviction.
     Should a discrimination complaint be filed against you, the investigation will include an evaluation of how other tenants who committed the same infraction were treated. Do a self-evaluation as to whether your action would hold up to such scrutiny.
     Owners and managers must also be careful to avoid any actions that could be perceived as unlawful retaliation. Retaliation or taking action against a person who has filed a complaint, testified, or assisted  in a fair housing investigation is also illegal. Evicting a tenant because they have complained of discrimination, filed a discrimination complaint, or was a witness in another tenant's complaint is retaliation.
     While evicting tenants is never easy, it can be less problematic when policies are adopted and consistently enforced!