Understanding Your Rights: Housing Discrimination

Discrimination remains an unfortunate reality in our society. One arena where it attracts considerable attention is in housing opportunities. How does this happen? What can victims of housing discrimination do?

Understanding the dynamics of housing discrimination is crucial. You should know the appropriate steps to take if you are a target of such unfair practices. This article aims to shed light on housing discrimination and explain your civil rights by answering frequently asked questions.

• What federal laws govern housing discrimination?
• What type of housing does the Fair Housing Act cover?
• What does 'familial status' mean?
• What types of acts are prohibited?
• How can I report a violation of the Fair Housing Act?
• What if I need help right away and can't wait for an investigation?
• How will my complaint get resolved?
• Do I get a hearing?
• Do I have to pay to have my case go to a hearing or trial?
• What type of damages can I get?
• How does the Fair Housing Act relate to state housing laws?
• Get legal help from an attorney

What federal laws govern housing discrimination?

The Fair Housing Act (FHA), Title VIII of the Civil Rights Act of 1968, is the predominant housing law.

The federal Fair Housing Act is an incredibly crucial piece of legislation. It eliminates discrimination in housing practices. The FHA extends its protective umbrella over a wide range of housing types. This ensures that people have equal housing opportunities regardless of their:

• Race
• Color
• Religion
• Sex
• National origin
• Disability
• Familial status

The FHA does not address marital status.

What type of housing does the Fair Housing Act cover?

The FHA covers homes, apartments, and townhouses for sale or rent, with some exceptions. For example, the owner of a small rental building, who also lives there, may not have to comply.

The types of housing covered by the Fair Housing Act include:

1. Single-family homes and apartments
2. Multifamily homes and apartments
3. Townhouses

The majority of housing falls under the Fair Housing Act. But, in specific and restricted situations, the law has exemptions, including:

• Owner-occupied buildings with four units or fewer
• Single-family homes sold or rented directly by the owner without involving a real estate agent
• Housing administered by religious organizations or private clubs with membership-based occupancy restrictions

Be aware of your rights under the Fair Housing Act and understand the types of housing that fall under its protection. By doing so, you can address any instances of discrimination and contribute to creating inclusive and fair housing practices.

What does 'familial status' mean?

Familial status means the makeup of your family. Family housing should come as easily as housing for single people or couples without children. The FHA bans discrimination based on familial status, including:

• Children under 18 living with parents/guardians
• Pregnant women
• People seeking custody of children under 18

For example, housing providers such as landlords cannot refuse to rent to you if you reveal your pregnancy unless the landlord has a legitimate reason.

What types of acts are prohibited?

The FHA bans several discriminatory acts against a person or group in a protected category. See if you are in a protected group while experiencing any of the following:

• Refusal to sell or rent housing
• Refusal to negotiate for housing
• Making housing unavailable
• Denying a dwelling
• Setting different terms, conditions, or privileges for the sale or rental of a dwelling
• Falsely denying that a dwelling is available for sale or rental
• Persuading others, for a profit, to sell or rent their property

Special prohibitions apply to mortgage lending. In several situations, no one may take action based on a person's membership in a protected category. Do any apply to you?

• Refusal to make a mortgage loan
• Refusal to provide information about loans
• Imposing different rates or terms on a loan
• Discrimination in the appraisal or valuation of real property
• Refusal to purchase a loan
• Setting different terms or conditions for purchasing a loan

Special protection exists for people with a disability that substantially limits one or more major life activities, who have in the past had such a disability, or who are seen as having such a disability. Are you or a member of your family disabled? Has a landlord acted in any of the following ways toward you?

• Refused to allow reasonable modifications to the dwelling or common-use areas if necessary for the person to use the housing
• Refused to make reasonable accommodations in rules, policies, practices, or services if necessary for the disabled person to use the housing

Construction requirements call for all buildings ready for occupancy that have an elevator and four or more units to:

• Have public and common areas that are accessible to people with disabilities
• Have doors and hallways that are wide enough for wheelchairs
• Have units with handicap-accessible routes, accessible light switches, electrical outlets, reinforced bathroom walls that allow for the installation of grab-rails, and wheelchair-accessible kitchens

General prohibitions under the Fair Housing Act make the following acts illegal:

• Threatening, coercion, intimidation, or interference with anyone exercising a fair housing right or helping others in exercising that right
• Advertising or making any other type of statement that indicates a limitation or preference for purchasers or renters on the basis of their race, color, national origin, religion, sex, familial status, or handicap

How can I report a violation of the Fair Housing Act?

The U.S. Department of Housing and Urban Development (HUD) handles complaints under the FHA. You may write or telephone HUD or download a fair housing complaint form from the HUD website.

Provide HUD:

• Your name and address
• The name and address of the person you are bringing the complaint against
• The address or location of the dwelling
• The date the alleged violation happened
• A brief description of the alleged violation

After you submit a complaint, HUD will notify you that it arrived and will usually notify the person you are complaining against. HUD will investigate your claim to determine whether there is reasonable cause to believe a violation happened.

What if I need help right away and can't wait for an investigation?

In some serious situations, you may need immediate help. In that case, as soon as it gets your complaint, HUD may be able to ask the U.S. Attorney General to seek immediate temporary relief to protect your interests.

How will my complaint get resolved?

If HUD believes a violation happened, it will try to reach an agreement, or conciliation, with the object of your complaint. HUD may recommend the U.S. Attorney General to file a suit on your behalf.

Do I get a hearing?

If HUD's investigation finds cause to believe that discrimination happened, you will get an administrative hearing unless your complaint gets resolved through conciliation.

The case can be in federal district court upon either party's request. Administrative hearings are typically less formal and often speedier than federal court proceedings.

Do I have to pay to have my case go to a hearing or trial?

No. You do not have to pay if you get an administrative hearing or your case goes to trial in a federal court. At an administrative hearing, HUD attorneys will handle the case on your behalf at the government's expense.

If you or the other party choose to go to federal court, the attorney general will file suit on your behalf. You may hire your own attorney to represent you, but you must pay for that service.

What type of damages can I get?

The damages you might get include your actual damages, including pain and suffering or humiliation. Also, the administrative law judge presiding over your hearing or the judge presiding over your court case can force the other party to make the housing available to you.

The person who discriminated against you may pay a civil penalty to the federal government for violating the law.

How does the Fair Housing Act relate to state housing laws?

States may have fair housing laws that mirror or have additional protections than the federal FHA. If you file a complaint, HUD will forward it to your state fair housing authority for handling. If your state authority does not begin investigating your claim within 30 days, HUD may ask for the complaint back for handling.

Get Legal Help From an Attorney

Our homes can be a refuge from the harsh realities of the world. If someone has denied you housing assistance and you are a member of one of the protected classes, you could have a legitimate discrimination complaint.

If you suspect that you are a victim of housing discrimination, take the initiative. You may contact your local legal aid. Or you can contact an attorney who knows about housing discrimination issues.