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Housing Fair Housing Disclosure

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Housing Fair Housing Disclosure and Housing Services Agreement

Landlord Name:    Tenant Name:

Property Address:

RECITALS

WHEREAS, Landlord is the owner or authorized manager of the residential property identified above and offers housing accommodations to tenants and prospective tenants under lawful terms and conditions; and

WHEREAS, Landlord and Tenant acknowledge the legal obligations and protections afforded by federal and applicable state fair housing laws prohibiting discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, disability, or any other protected characteristic under applicable law; and

WHEREAS, the parties wish to set forth certain terms concerning the provision of housing services, disclosures regarding fair housing rights, and mutual commitments regarding non-discrimination and reasonable accommodation requests.

SCOPE OF WORK

The parties agree that Landlord's obligations and Tenant's expectations for the maintenance, services, and permitted uses of the Property are described below. The description below includes routine maintenance responsibilities, any agreed modifications, and specific services to be performed by Landlord.

PAYMENT TERMS

TERM AND TERMINATION

Term Start Date:    Term End Date:

Either party may terminate this Agreement for material breach that is not cured within the notice period set forth above, or otherwise in accordance with applicable law. Termination does not relieve either party of obligations accrued prior to termination, including payment and obligations to remediate property condition as required by law.

CONFIDENTIALITY

The parties acknowledge that certain personal information, including but not limited to income documentation, medical records, disability-related information, and references, is confidential. Landlord agrees to maintain tenant and applicant records in confidence and to disclose such information only as required by law or with the express written consent of the tenant. Tenant agrees that information provided to Landlord for application or tenancy purposes may be retained for the duration required by law and for a reasonable period thereafter to resolve disputes or comply with legal obligations.

FAIR HOUSING DISCLOSURE

It is unlawful to discriminate in the sale, rental, advertising, financing, or insuring of housing based on race, color, religion, sex, familial status, national origin, disability, or any other characteristic protected by applicable federal or state law. Landlord affirms that housing will be offered and provided on a nondiscriminatory basis and that Landlord shall not engage in discriminatory practices in tenant selection, treatment, or provision of services.

Reasonable Accommodation and Modification: Tenant has the right to request reasonable accommodations or reasonable modifications to rules, policies, procedures, or physical features of the dwelling and common areas as required by law to afford a person with a disability equal opportunity to use and enjoy the dwelling. Requests may be made in writing and must identify the accommodation or modification requested and the basis for the request.

Tenant may file a complaint regarding alleged discriminatory practices with the appropriate enforcement authority. This disclosure summarizes tenant rights and does not substitute for legal counsel where specific legal questions arise.

GOVERNING LAW

This Agreement and the rights and obligations of the parties shall be governed by and construed in accordance with the laws of the state where the Property is located, without regard to conflict of law principles.

ENTIRE AGREEMENT

This document, together with any attachments executed by the parties, constitutes the entire agreement between Landlord and Tenant with respect to the disclosures and topics addressed herein and supersedes all prior oral or written agreements and understandings. No amendment, modification, or waiver shall be effective unless in writing and signed by both parties.

CERTIFICATIONS

Landlord certifies that the statements in this Disclosure and Agreement are true and accurate to the best of Landlord's knowledge, and that Landlord will comply with all applicable fair housing laws. Tenant certifies receipt of this Disclosure and that all information provided to Landlord in connection with tenancy or application is true and complete.

Landlord Contact (for notices and accommodation requests):

Landlord

Printed Name:

By:

Date:

Tenant

Printed Name:

By:

Date:

Enter text✕

What the Housing Fair Housing Disclosure Is and When it Matters

A Housing Fair Housing Disclosure is a written statement used in real estate and rental transactions to disclose information about a property's compliance with fair housing laws, known historical issues, and any practices that could affect protected-class access or equal housing opportunity. It documents facts about marketing, occupancy rules, occupancy limits, source-of-income policies, or property features that may have legal relevance under the federal Fair Housing Act and related state statutes. The form serves as a record for sellers, landlords, property managers, and agents to show disclosure and due diligence.

Why the Housing Fair Housing Disclosure Matters

A clear disclosure reduces legal risk by documenting policies and known property conditions tied to protected-class access, supports compliance with the federal Fair Housing Act, and creates an auditable record of the seller’s or lessor’s statements about fair-housing–related practices.

Why the Housing Fair Housing Disclosure Matters

Who completes the Housing Fair Housing Disclosure

The Housing Fair Housing Disclosure is typically completed by the party responsible for the listing or occupancy policy—sellers, landlords, property managers, or their agents. Use the checklist items to record facts, policies, and acknowledgements.

  • Landlords and property managers who set tenant selection or occupancy policies and must document source-of-income or occupancy restrictions.
  • Sellers and listing agents who disclose marketing practices, known accessibility features, or history of discriminatory complaints.
  • Housing authorities, brokers, or attorneys preparing a record to demonstrate compliance with fair housing obligations.

Core components to include in a professional disclosure

A comprehensive Housing Fair Housing Disclosure combines factual property details, policy statements, acknowledgements, dates, and signatures so it can serve as a defensible record. Each section should be concise and fact-based.

Property Identity

Full street address, unit number (if any), parcel or MLS ID and a short property description to avoid ambiguity in the disclosure record.

Occupancy and Policy Statements

Any occupancy limits, guest policies, source-of-income acceptance, or preferential treatment rules that affect applicant eligibility or marketing.

Accessibility and Modifications

Known accessible features, reasonable accommodation procedures, and whether modifications are permitted or required to comply with accessibility rules.

Complaints and Investigations

History of fair housing complaints, investigations, or settlements affecting the property or management within a defined recent period.

Statement of Truth

A plain statement signed by the disclosing party affirming the accuracy of responses to the best of their knowledge.

Signature and Date

Name, title, signature, and date for each signing party plus contact information for follow-up or verification.

Required information fields

Property Address: Full address
Discloser Name: Legal name
Role: Owner/landlord/agent
Policy Summary: Occupancy/source-of-income
Known Incidents: Complaint history
Signature Date: MM/DD/YYYY

Step-by-step: Completing the disclosure

Follow these sequential steps to finish the Housing Fair Housing Disclosure accurately and preserve an auditable record.

  • 01
    Identify property: Enter full address and unit/MLS identifiers.
  • 02
    Describe policies: Summarize occupancy and source-of-income rules.
  • 03
    List incidents: Record any fair-housing complaints or settlements.
  • 04
    Sign and date: All responsible parties must sign with a date.

Where to send or file the completed disclosure

Route the completed form to parties and records systems that preserve an audit trail and support any required compliance checks.

  • Transaction File: Attach the completed disclosure to the purchase or lease file for record retention.
  • Agent/Broker Records: Provide a copy to the listing or leasing broker to maintain agency compliance.
  • Legal or Compliance: Send copies to counsel or compliance teams when policies or complaints are documented.
  • Regulatory Notices: If required, deliver to state or local housing agency per local rules.

Distribution and digital submission options

The disclosure can be shared by printed copy, secure email attachment, or via an eSignature-enabled platform that preserves an audit trail and secure storage.

  • Email: Secure PDF attachment with tracking
  • eSignature Platform: PDF/DOCX with audit trail
  • Physical Copy: Signed paper in transaction folder

Timing: when to deliver and retain the disclosure

Provide and retain the Housing Fair Housing Disclosure at defined transaction stages to reduce legal exposure and ensure compliance with local filing practices.

At Listing or Lease Offer:

Deliver prior to marketing or lease signing when feasible.

At Contract Execution:

Attach a final signed disclosure to the executed agreement.

Upon Complaint:

Provide copies to counsel and regulatory contacts immediately.

Retention Start:

Retention begins on signature date for recordkeeping.

Retention Minimum:

Retain per applicable state and federal rules (see retention timeline).

Common mistakes to avoid

  • Using vague language about policies that creates interpretive gaps during disputes.
  • Omitting signer roles or contact details, making it hard to verify authority later.
  • Failing to record dates or using inconsistent date formats that affect timelines.
  • Keeping only unsigned drafts or copies without preserved audit trails for electronic signing.

Potential legal and financial risks of an incomplete or incorrect disclosure

Regulatory Enforcement: Civil penalties and administrative action
Private Litigation: Damages and attorneys’ fees exposure
Loss of Defense: Inability to show good-faith compliance
Reputational Harm: Adverse publicity and lost tenants/buyers
Transaction Delay: Deal holds pending investigation
Recordkeeping Fines: Penalties for failing retention rules

eSignature vendor pricing and features for Housing Fair Housing Disclosure workflows

Comparison of typical starting prices and key plan capabilities that matter for disclosure workflows. Confirm vendor plan details and enterprise features before purchasing.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes (available) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Varies by plan Varies by plan Varies Varies

Real-world examples of use

How different organizations document fair-housing practices and preserve compliance records in ordinary transactions.

Property Manager Example

A mid-size apartment operator documents a source-of-income acceptance policy across 120 units to standardize screening.

  • The disclosure is attached to each lease.
  • This reduced inconsistent application reviews and provided a single point of reference when a tenant file review was needed.

Brokerage Example

A residential brokerage includes a disclosure with every listing to note accessibility features and marketing policies.

  • The disclosure accompanies the MLS record.
  • Agents used the recorded disclosure to resolve a buyer inquiry and to demonstrate proactive compliance in a local enforcement review.

Practical tips for accurate and efficient completion

Practical habits that reduce errors and make disclosures defensible in audits or disputes.

Use clear, factual language
Avoid subjective or evaluative phrasing; stick to verifiable facts and dated entries to support later review or enforcement questions.
Preserve signatures and audit trails
If you e-sign, ensure the platform captures timestamps, IP addresses, and a reproducible certificate of completion to meet ESIGN/UETA standards.
Keep supporting documents
Attach policy PDFs, prior complaint notices, or correspondence referenced in the disclosure to the transaction file.
Verify state rules
Check notary, witness, and RON rules with the relevant state office before finalizing the workflow.

Frequently asked questions about the Housing Fair Housing Disclosure

Answers to common questions encountered when preparing, signing, or retaining the Housing Fair Housing Disclosure.


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