Fair Housing Act

CONTAINED WITHIN the Civil Rights Act of 1968, the Fair Housing Act (Title VIII) bans potential discrimination in the real estate market. Most housing types are covered by the Fair Housing Act, except for certain exemptions by the act, which include buildings occupied by the owner with fewer than four units, single-family homes rented or sold without the assistance of a realtor, and housing administered or operated by private clubs. Enforcement of the Fair Housing Act is the responsibility of the U.S. Department of Housing and Urban Development (HUD).

The Fair Housing Act bans a number of discriminatory real estate actions based on race, national origin, religion, sex, familial status, or disabilities. No one may refuse to rent or sell housing, refuse to negotiate, take property off the market, deny the availability of a property, establish different guideline or fees for the sale or rental, provide different services or facilities, force owners to sell or rent, or deny listing of a sale or rental based on discriminatory criteria. When dealing with mortgages, no one may deny a mortgage loan, refuse to provide loan details, set different mortgage terms, or appraise a property differently. Lastly, the Fair Housing Act prohibits one from threatening or intimidating a person who is exercising his or her fair housing rights, or from advertising or making statements which portray a preference in a real estate transaction based on discriminatory criteria.

The Fair Housing Act regulated against discrimination based on family status or disability, among other criteria.

If someone has a disability, she receives additional protection of her fair housing rights. A landlord may not refuse any reasonable modifications to the property if it allows a potential resident to use the housing, and landlords must make reasonable changes to housing policies or practices which make[Page 308] it more accessible to residents with disabilities. For example, an apartment complex with a policy that bans pets must allow a blind resident to have a seeing-eye dog.

The Fair Housing Act established a timeframe which set requirements for housing complexes constructed after March 13, 1991. In all buildings with an elevator and more than four units, public areas must be accessible by disabled individuals, halls and doors must be suitable for wheelchair use, and all units must have accessible entrances, light switches, electrical outlets, and thermostats. Also, bathroom walls must be reinforced to allow for the potential installation of assistance bars.

Familial status is a major discriminatory criterion which is targeted by the Fair Housing Act. Unless a residential complex or community is qualified and registered for senior citizens only, owners or realtors may not discriminate against families with one or more children under the age of 18. In order for a facility to become registered as elderly housing, the property must only be occupied by people who are 62 or older or 80 percent of the residents are 55 or over, and the elderly status may be reviewed by the HUD secretary.

If a person is aware of the rights guaranteed by the Fair Housing Act and believes that they have been violated, complaints may be filed with HUD by letter or by telephone. After providing the necessary contact information and an account of the alleged discrimination, HUD will request a response from the alleged violator. After receiving the response, the claim may or may not be investigated further. Meanwhile, HUD will attempt to reach a conciliation agreement between the two parties which ameliorates the situation to the satisfaction on those involved.

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