There are many laws that provide relief for victims of housing
discrimination. Rights and remedies
can be found in federal laws, as well as laws in the state where you live.
Here's some basic information about how the Fair Housing
Act works.
What Housing Is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act
exempts owner-occupied buildings with no more than four units, single-family
housing sold or rented without the use of a broker, and housing operated by
organizations and private clubs that limit occupancy to members.
In the Sale and Rental of Housing: No one may
take any of the following actions based on race, color, national origin,
religion, sex, familial status or handicap:
- Refuse to rent or sell housing
- Refuse to negotiate for housing
- Make housing unavailable
- Deny a dwelling
- Set different terms, conditions or privileges for sale or rental of a
dwelling
- Provide different housing services or facilities
- Falsely deny that housing is available for inspection, sale, or rental
- For profit, persuade owners to sell or rent (blockbusting) or
- Deny anyone access to or membership in a facility or service (such as
a multiple listing service) related to the sale or rental of housing.
In Mortgage Lending: No one
may take any of the following actions based on race, color, national origin,
religion, sex, familial status or handicap (disability):
- Refuse to make a mortgage loan
- Refuse to provide information regarding loans
- Impose different terms or conditions on a loan, such as different
interest rates, points, or fees
- Discriminate in appraising property
- Refuse to purchase a loan or
- Set different terms or conditions for purchasing a loan.
In Addition: It is illegal for anyone to:
- Threaten, coerce, intimidate or interfere with anyone exercising a fair
housing right or assisting others who exercise that right
- Advertise or make any statement that indicates a limitation or
preference based on race, color, national origin, religion, sex, familial
status, or handicap. This prohibition against discriminatory advertising
applies to single-family and owner-occupied housing that is otherwise exempt
from the Fair Housing Act.
If you or someone associated with you:
- Has a physical or mental disability (including hearing, mobility and
visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS
Related Complex and mental retardation) that substantially limits one or
more major life activities
- Has a record of such a disability or are regarded as having such a
disability
your landlord may not:
- Refuse to let you make reasonable modifications to your dwelling or
common use areas, at your expense, if necessary for the disabled person to
use the housing. (Where reasonable, the landlord may permit changes only if
you agree to restore the property to its original condition when you move.)
- Refuse to make reasonable accommodations in rules, policies, practices
or services if necessary for the disabled person to use the housing.
Unless a building or community qualifies as housing for older persons, it
may not discriminate based on familial status. That is, it may not
discriminate against families in which one or more children under 18 live
with:
- A parent
- A person who has legal custody of the child or children or
- The designee of the parent or legal custodian, with the parent or
custodian's written permission.
Familial status protection also applies to pregnant women and anyone
securing legal custody of a child under 18. Exemption: Housing for older
persons is exempt from the prohibition against familial status discrimination
if:
- The HUD Secretary has determined that it is specifically designed for
and occupied by elderly persons under a Federal, State or local government
program or
- It is occupied solely by persons who are 62 or older or
- It houses at least one person who is 55 or older in at least 80 percent
of the occupied units, and adheres to a policy that demonstrates an intent
to house persons who are 55 or older.
A transition period permits residents on or before September 13, 1988, to
continue living in the housing, regardless of their age, without interfering
with the exemption.
Source: www.hud.gov/fairhousing
