Discrimination

What is Discrimination?

Discrimination in the context of real estate refers to the unfair treatment of individuals or groups based on characteristics such as race, religion, sex, color, national origin, handicap, or familial status. Such treatment is typically illegal under various federal, state, and local laws. Discrimination can manifest in various ways, such as refusal to rent or sell property, offering different terms and conditions, or providing unequal services.

Key Concepts

Federal Fair Housing Law: Protects against discrimination in housing.
Protected Classes: Details specific groups safeguarded by anti-discrimination laws.
Legal Consequences: Outlines penalties and remedies for discrimination violations.

Examples of Discrimination

Rental Scenario:
- Abel refuses to rent his property to nonwhite families, violating the Federal Fair Housing Laws.
Selling Property:
- A real estate agent avoids showing properties in certain neighborhoods to families of a specific nationality.
Providing Different Services:
- A landlord provides inferior maintenance services to tenants based on their religion.

Frequently Asked Questions

What is the Federal Fair Housing Law?

The Federal Fair Housing Law prohibits discrimination in the sale, rental, and financing of dwellings based on race, color, religion, sex, familial status, national origin, or handicap.

What are some examples of discriminatory practices in real estate?

Discriminatory practices include refusing to rent or sell based on protected characteristics, applying different terms and conditions, offering different services, or engaging in housing advertisements that indicate a preference or limitation.

How can I report discrimination in housing?

You can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or a relevant local or state agency. HUD investigates complaints and can take legal action to address violations.

What is the role of HUD in addressing discrimination?

HUD enforces the Fair Housing Act and investigates complaints of discrimination. HUD can also initiate legal proceedings and ensure that corrective actions are taken.

Can landlords select tenants based on their preferences?

Landlords can select tenants based on financial qualifications and other legitimate criteria but not based on protected characteristics such as race, religion, or familial status.

Federal Fair Housing Law: Legislation prohibiting discrimination in housing-related transactions.
Protected Classes: Groups protected under anti-discrimination laws, including race, color, religion, sex, national origin, handicap, and familial status.
Redlining: A discriminatory practice by which banks or insurance companies refuse or limit loans, mortgages, or insurance within specific geographical areas, particularly minority neighborhoods.

Online Resources

References

U.S. Department of Housing and Urban Development (HUD)
The Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
National Fair Housing Alliance (NFHA)

Suggested Books for Further Studies

Fair Housing Act: A Basic Guide by George M. Grover
The Color of Law: A Forgotten History of How Our Government Segregated America by Richard Rothstein
Waiting for Gautreaux: A Story of Segregation, Housing, and the Black Ghetto by Alexander Polikoff

Discrimination Fundamentals Quiz

### What year was the Fair Housing Act enacted? - [ ] 1965 - [x] 1968 - [ ] 1975 - [ ] 1980 > **Explanation:** The Fair Housing Act was enacted in 1968 as Title VIII of the Civil Rights Act of 1968, providing protection against discrimination in housing. ### Discrimination based on which of the following characteristics is not explicitly covered by the Federal Fair Housing Law? - [ ] Race - [x] Sexual Orientation - [ ] National Origin - [ ] Familial Status > **Explanation:** While sexual orientation may be covered under other state laws or policies, it is not explicitly covered under the Federal Fair Housing Law. ### Which federal agency enforces the Fair Housing Act? - [ ] FBI - [ ] IRS - [x] HUD - [ ] FCC > **Explanation:** The U.S. Department of Housing and Urban Development (HUD) enforces the Fair Housing Act. ### What should a landlord prioritize when selecting tenants? - [ ] Their Ability to Pay Rent - [ ] Their Race - [ ] Their Religion - [x] Their Financial Qualifications > **Explanation:** Landlords should prioritize financial qualifications and adhere to fair housing laws, avoiding discrimination based on protected characteristics. ### How can tenants report discrimination? - [ ] Call the local police - [x] File a complaint with HUD - [ ] Contact their landlord - [ ] Publish a social media post > **Explanation:** Tenants can file a complaint with HUD if they believe they have faced discrimination in housing. ### If convicted of discrimination under the Fair Housing Laws, what can happen to the landlord? - [x] They can face fines and penalties - [ ] Their property will be seized - [ ] They will be imprisoned for life - [ ] They will have to relocate > **Explanation:** Landlords convicted of discrimination under the Fair Housing Laws can face fines and other penalties but not property seizure or life imprisonment. ### Which protected class was added most recently to Federal Fair Housing Law protections? - [x] Familial Status and Handicap - [ ] Race and National Origin - [ ] Religion and Sex - [ ] Color > **Explanation:** Familial status and handicap were added as protected classes to the Federal Fair Housing Law through amendments made in 1988. ### In which scenario would a housing provider be violating the Fair Housing Act? - [x] Refusing to rent to a family with children - [ ] Asking for a security deposit - [ ] Checking credit history - [ ] Performing background checks > **Explanation:** Refusing to rent to a family with children would be a violation of the Fair Housing Act's protection of familial status. ### Is it allowable for advertisements to indicate a preference for certain tenants based on religion? - [x] No, it would be considered discriminatory. - [ ] Yes, as long as the tenant consents. - [ ] Yes, if it's a condition the landlord prefers. - [ ] No, but only in certain states. > **Explanation:** Federal Fair Housing Law prohibits advertising that indicates a preference or limitation based on protected characteristics such as religion. ### Can real estate agents demonstrate properties only in certain neighborhoods to individuals of a specific nationality? - [ ] Yes - [x] No - [ ] Only if it’s for safety reasons - [ ] Yes, with the client’s permission > **Explanation:** Steering clients to certain neighborhoods based on nationality is an illegal discriminatory practice under the Fair Housing Act.