Fair Housing Law
Fair Housing Law refers to federal laws that are designed to prohibit discrimination in housing-related activities, including the sale, rental, and financing of dwellings, based on certain protected characteristics. This legal framework ensures that all individuals have equal access to housing opportunities without facing discrimination.
Background and Legal Framework
The primary federal statute regarding housing discrimination is the Fair Housing Act, initially enacted as Title VIII of the Civil Rights Act of 1968 and later amended by the Fair Housing Amendments Act of 1988. The U.S. Department of Housing and Urban Development (HUD) enforces the Fair Housing Act and promulates regulations ensuring compliance.
Key Provisions of the Fair Housing Act
The Fair Housing Act makes it illegal to discriminate in housing-related transactions based on the following protected characteristics:
- Race
- Color
- Religion
- Sex
- Familial Status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under 18)
- National Origin
- Disability
Examples of Discrimination
- Rental Discrimination: A landlord refuses to rent an apartment to an individual because of their race or ethnicity.
- Advertising Discrimination: An advertisement for housing that indicates a preference for renters of a certain religion or gender.
- Mortgage Discrimination: A lender providing less favorable terms or denying a mortgage loan to a borrower solely based on their national origin or religion.
Frequently Asked Questions (FAQs)
What if I suspect housing discrimination?
If you suspect that you have been a victim of housing discrimination, you can file a complaint with HUD. You may also seek assistance from local fair housing organizations.
Does the Fair Housing Act apply to all types of housing?
While the Fair Housing Act covers most types of housing, there are some exceptions, such as owner-occupied buildings with fewer than four units and single-family homes sold or rented by the owner without the use of a broker.
How can landlords ensure compliance with the Fair Housing Act?
Landlords can ensure compliance by treating all prospective tenants equally, providing reasonable accommodations for disabled tenants, and ensuring that rental policies do not inadvertently discriminate against protected classes.
Are there state-level fair housing laws?
Yes, many states have their own fair housing laws that can provide additional protections beyond the federal Fair Housing Act. It’s important to be aware of both federal and state laws.
Related Terms with Definitions
- Civil Rights Act of 1968: Federal law that includes the Fair Housing Act and aims to eliminate discrimination in housing transactions.
- Reasonable Accommodation: Modifications or adjustments made to a dwelling or policies that allow a person with a disability to have equal access to housing.
- HUD (Department of Housing and Urban Development): U.S. federal agency responsible for enforcing the Fair Housing Act and overseeing national housing policies.
- Protected Class: Groups of people legally protected against discrimination.
Online Resources
- HUD Fair Housing and Equal Opportunity
- National Fair Housing Alliance
- Fair Housing Accessibility FIRST
- Equal Rights Center
References
- U.S. Department of Housing and Urban Development. “Fair Housing Act.” HUD.gov.
- National Fair Housing Alliance. “What is Fair Housing?” NFHA.
- Schill, Michael H., and Woodward, Samantha Friedman. “The Fair Housing Amendments Act of 1988: The First Decade.” Cityscape: A Journal of Policy Development and Research, HUD, Volume 4, Number 3 (1999).
Suggested Books for Further Studies
- “The Color of Law: A Forgotten History of How Our Government Segregated America” by Richard Rothstein
- “The Fair Housing Act: Housing at the Intersection of Race, Ethnicity, and Disability” edited by Katherine A. Desmond & Jeffrey S. Lubbers
- “Race for Profit: How Banks and the Real Estate Industry Undermined Black Homeownership” by Keeanga-Yamahtta Taylor
Real Estate Basics: Fair Housing Law Fundamentals Quiz
### Which characteristic is NOT protected under the Fair Housing Act?
- [ ] Race
- [ ] National Origin
- [ ] Religion
- [x] Employment Status
> **Explanation:** Employment status is not a characteristic protected under the Fair Housing Act. The Act specifically protects against discrimination based on race, color, religion, sex, familial status, national origin, and disability.
### What government agency is primarily responsible for enforcing the Fair Housing Act?
- [x] The Department of Housing and Urban Development (HUD)
- [ ] The Federal Housing Administration (FHA)
- [ ] The Equal Employment Opportunity Commission (EEOC)
- [ ] The Consumer Financial Protection Bureau (CFPB)
> **Explanation:** The Department of Housing and Urban Development (HUD) is the primary government agency responsible for enforcing the Fair Housing Act.
### What is considered rental discrimination under the Fair Housing Act?
- [ ] Setting higher rent prices for tenants
- [x] Refusing to rent to an individual based on their national origin
- [ ] Increasing rent due to market changes
- [ ] Implementing a no-pets policy
> **Explanation:** Refusing to rent to an individual based on their national origin is considered rental discrimination under the Fair Housing Act.
### Families with children under the age of 18 are protected under which term?
- [ ] National Origin
- [ ] Disability
- [ ] Color
- [x] Familial Status
> **Explanation:** Families with children under the age of 18 are protected under the term "Familial Status" in the Fair Housing Act. This protection also extends to pregnant women and individuals securing custody of children under 18.
### What type of modification must be made for people with disabilities when required?
- [ ] Cosmetic upgrades
- [x] Reasonable accommodation
- [ ] Architectural changes
- [ ] Zero cost adjustments for all requests
> **Explanation:** Under the Fair Housing Act, reasonable accommodation must be made for people with disabilities when required, ensuring they have equal access to housing.
### Is advertising with a preference for a particular religion allowed under the Fair Housing Act?
- [ ] Yes, if the majority population follows that religion.
- [x] No, it is illegal to indicate a preference for any religion.
- [ ] Yes, if it's related to housing that caters to elderly people.
- [ ] No, unless the advertiser states that it is just a preference but open to all.
> **Explanation:** It is illegal to advertise housing with a preference for any religion under the Fair Housing Act. Such practices are considered discriminatory.
### Which law initially enacted the primary federal statute regarding housing discrimination?
- [ ] The Homestead Act
- [ ] The Fair Labor Standards Act
- [x] The Civil Rights Act of 1968
- [ ] The National Housing Act
> **Explanation:** The primary federal statute regarding housing discrimination was initially enacted as Title VIII of the Civil Rights Act of 1968.
### Does the Fair Housing Act cover only rental properties?
- [ ] Yes, it only applies to rental properties.
- [x] No, it covers both rental and sale of properties.
- [ ] Yes, but includes a few sale exceptions.
- [ ] No, it only applies to commercial properties.
> **Explanation:** The Fair Housing Act covers both the rental and sale of properties, ensuring non-discrimination in various housing-related activities.
### Are owner-occupied buildings with fewer than four units covered by the Fair Housing Act?
- [x] No, these buildings are an exception to the Fair Housing Act.
- [ ] Yes, they are subject to all provisions.
- [ ] Yes, but only if they include multiple racial or religious tenants.
- [ ] No, only if they rent to one individual.
> **Explanation:** Owner-occupied buildings with fewer than four units are exempt from the Fair Housing Act, but still, state and local regulations may apply.
### What action can a person take if they have been discriminated against in housing?
- [ ] Request higher rental terms
- [ ] Move out immediately
- [x] File a complaint with HUD
- [ ] File a complaint with the local fire department
> **Explanation:** If a person has been discriminated against in housing, they can file a complaint with HUD (Department of Housing and Urban Development).
