Fair
Housing Laws FAQ
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.
What
Is Prohibited?
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.
Additional
Protection if You Have a Disability
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.
Housing
Opportunities for Families
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.
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