Federal Fair Housing Act
The Federal Fair Housing Act was enacted in 1968 and forms part of the Civil Rights Act. Its purpose is to eliminate housing discrimination and promote residential integration across the United States. The Act applies to both the sale and rental of housing, including homes, apartments, and other residential units.
Key Protections Under the Act
The act prohibits the following types of discrimination:
- Race and Color: Prevents discriminatory practices based on an individual’s race or skin color.
- Sex: Disallows bias or preferences based on gender.
- Religion: Protects against discrimination due to religious beliefs or associations.
- Handicap (Disability): Ensures equal housing opportunities for individuals with mental or physical disabilities.
- Familial Status: Prohibits discrimination against families with children under 18 years old.
- National Origin: Prevents biases based on an individual’s country of origin.
Examples of Discrimination
- Racial Discrimination: A real estate broker refuses to show homes in certain areas to clients based on their race.
- Disability Discrimination: A landlord refuses to rent to a potential tenant because they are wheelchair-bound.
- Familial Status Discrimination: An apartment complex denies renting to families with young children.
Frequently Asked Questions
Q1: What are my rights under the Federal Fair Housing Act?
A: You have the right to rent or buy property without facing discrimination based on race, color, sex, nationality, disability, familial status, or religion.
Q2: How can I file a complaint if I believe my housing rights have been violated?
A: Complaints can be filed with the U.S. Department of Housing and Urban Development (HUD) within one year of the suspected discrimination.
Q3: Are there any exceptions to the Fair Housing Act?
A: Yes, there are exemptions including single-family homes rented without the use of a broker, owner-occupied buildings with no more than four units, and homes operated by religious organizations and private clubs that limit occupancy to their members.
Q4: What are the consequences for violating the Federal Fair Housing Act?
A: Consequences can include fines, damages awarded to the victim, and other legal penalties like court orders requiring changes to discriminatory practices.
- Steering: The practice of guiding prospective homebuyers towards or away from certain neighborhoods based on race or ethnicity.
- Redlining: Denying services or offering poorer services to residents of certain areas often due to the racial or ethnic composition of those areas.
- Blockbusting: Encouraging property owners to sell quickly and at a loss by appealing to the fear that minorities are moving into the neighborhood and that property values will decline.
Online Resources
References
- “The Fair Housing Act of 1968,” U.S. Department of Housing and Urban Development.
- “Civil Rights Act of 1968,” Legal Information Institute, Cornell Law School.
- “Preventing Housing Discrimination,” National Fair Housing Alliance.
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: Fifty Years and Beyond” edited by Vincent J. Reinhart
- “Not in My Neighborhood: How Bigotry Shaped a Great American City” by Antero Pietila
Real Estate Basics: Federal Fair Housing Act Fundamentals Quiz
### Which year was the Federal Fair Housing Act enacted?
- [ ] 1920
- [ ] 1945
- [x] 1968
- [ ] 1986
> **Explanation:** The Federal Fair Housing Act was enacted in 1968 as part of the Civil Rights Act to combat housing discrimination.
### What types of discrimination are prohibited under the Federal Fair Housing Act? (Choose all that apply)
- [x] Race
- [x] Religion
- [ ] Occupation
- [x] Disabilities
- [x] Familial Status
> **Explanation:** The Act protects against discrimination based on race, religion, disabilities, and familial status, among others.
### Who can file a complaint under the Fair Housing Act?
- [x] Any person who believes they have been discriminated against in housing
- [ ] Only real estate agents
- [ ] Only landlords
- [ ] No one; complaints are not allowed
> **Explanation:** Anyone who believes they have faced housing discrimination can file a complaint.
### Familial status protections include which of the following?
- [ ] Occupants who are pets
- [ ] Individuals living alone
- [x] Families with children under 18
- [ ] Roommates who are unrelated
> **Explanation:** Familial status protections specifically include families with children under 18.
### Steering is illegal because it:
- [ ] Lowers property values
- [x] Directs buyers away from certain neighborhoods on the basis of race
- [ ] Complies with buyer preferences
- [ ] Supports sustainable neighborhood growth
> **Explanation:** Steering is illegal as it guides buyers away from certain neighborhoods based on race, which is a form of discrimination.
### Under the Fair Housing Act, can a landlord refuse to rent to someone because they practice a certain religion?
- [ ] Yes
- [x] No
- [ ] Only if the neighborhood is predominantly one religion
- [ ] Only if it's stated in the rental agreement
> **Explanation:** The Act prohibits discrimination based on religion, so a landlord cannot refuse to rent to someone because of their religious practices.
### Is it legal for a real estate agent to tell a family they might not 'fit in' in a certain neighborhood?
- [ ] Yes, if they are genuinely concerned
- [ ] No, unless the neighborhood is gated
- [x] No, this constitutes a form of discrimination
- [ ] Yes, if the buyer asks for personal opinions
> **Explanation:** It is illegal because it constitutes a form of discrimination and violation of the Act by discouraging moving to certain neighborhoods.
### Can a landlord charge extra fees to tenants with disabilities due to perceived higher wear-and-tear?
- [ ] Yes, to cover extra maintenance costs
- [ ] Only if justified by repair history
- [ ] Under some state laws
- [x] No, the Act prohibits discrimination based on handicap
> **Explanation:** Additional fees based on disability are illegal due to the anti-discrimination protections under the Act.
### Can exemptions apply to owners renting or selling a single-family home without a broker?
- [x] Yes, it’s exempt under certain conditions
- [ ] No, all rentals and sales must comply
- [ ] Only if the home is listed publicly
- [ ] Owners must always comply regardless
> **Explanation:** Single-family homes sold or rented without a broker can be exempt from the Act under specific conditions.
### For educational purposes, which book provides a detailed historical account of government policies that led to residential segregation in America?
- [ ] "Crabgrass Frontier"
- [ ] "Evicted"
- [x] "The Color of Law"
- [ ] "Downsizing the Family Home"
> **Explanation:** "The Color of Law" by Richard Rothstein provides a detailed historical account of government policies that led to residential segregation in America.