Life isn’t fair, but equal opportunity access to housing should be.
There are many ways for a person to experience discrimination. Historically, certain groups have faced discrimination in just about every way possible. For example, perhaps they’re not paid the same wage as a similarly qualified co-worker, someone forced them out of an area due to urban development or denied them other basic rights. It’s of general public importance that society and the Department of Justice continue to chip away at such injustices, futile as it may seem sometimes.
Discrimination in housing happens when someone denies housing to a person on the basis of race, color, religion, sex (both sexual orientation and gender identity), disability status, national origin or familial status. One would hope that society has come past all of that, but the Fair Housing Act sets up rules and standards so that landlords and property managers don’t try to pull a fast one.
What was the result of the Fair Housing Act of 1968?
Sadly, the Fair Housing Act of 1968 was a long time coming. It was finally passed as Title VIII of the Civil Rights Act of 1968 just after the assassination of the Rev. Dr. Martin Luther King, Jr. In fact, President Lyndon Johnson promoted the passage of the act as a tribute of sorts to Dr. King, as he’d been a major supporter of fair housing practice rights throughout the civil rights movement.
Since the passage of the Fair Housing Act, it is much more difficult for landlords and property owners to engage in discrimination in housing, even as housing and urban development continually change the landscape of America. It also makes it unlawful for a mortgage lender to refuse funds based on personal characteristics.
What is the main purpose of the federal Fair Housing Act?
The main purpose of the Fair Housing Act is to eliminate housing discrimination. Although it has made a significant dent, the housing industry is far from perfect today. In fact, the Harvard T.H. Chan School of Public Health released data in 2017 that says that 45 percent of African Americans, 31 percent of Latinos, 17 percent of Native Americans and 25 percent of Asian Americans report being victims of housing discrimination when attempting to either buy or rent housing. This is likely because there are lots of ways to discriminate against potential tenants that aren’t just saying, “No, you can’t live here.”
What characteristics are in the Fair Housing Act?
The federal government prohibits discrimination against certain groups during any part of the housing process. This includes such behavior from landlords, property managers, brokers, mortgage lenders, insurance companies and real estate agents. Most of them are pretty obvious, but here’s a breakdown of the categories.
- Race. It’s illegal to discriminate based on a person’s race, or even their perceived race. This also includes multiracial people, as well as those engaged in a relationship with a person of a different race.
- Color. The color of a person’s skin cannot be considered in housing matters. This includes whether a person’s skin is lighter or darker or between members of the same race.
- Religion. Housing cannot be denied or influenced by the applicant or buyer’s religion.
- Sex. This includes housing discrimination based on “actual or perceived gender identity and sexual orientation.” Sexual harassment is also vigorously protected.
- Disability status. Protects against discrimination of people with any type of disability, whether mental or physical. A few examples of disability are those with HIV, cancer, drug addiction, alcoholism, mental illness, visual/speech/hearing impairments, autism, epilepsy, etc. It doesn’t apply to people who are, “current users of illegal controlled substances, but does provide protections for individuals with drug or alcohol addiction.” People with disability status also have the right to accessibility requirements.
- National origin. According to the Department of Justice, national origin refers to the country where a person was born, or where his or her ancestors came from.
- Familial status. The Fair Housing Act doesn’t allow discrimination against families with children under 18. The exception, of course, is facilities established as “Housing for Older Persons,” also known as 55+ community developments.
Unfair decisions about housing based on these characteristics apply to properties for sale or rental properties in suburban or urban development situations.
The many ways the Fair Housing Act prevents discrimination based on national origin, race, etc.
The Fair Housing Act isn’t exactly light reading. It has a lot of components that people aren’t aware of, and, in fact, may think that certain behaviors are normal during the renting or buying process. It becomes all the more critical as housing and urban development continue to rage. Here’s a breakdown of the components of the Fair Housing Act:
How housing discrimination is prevented in cases of sale or rental housing
At the risk of being redundant, the Fair Housing Act makes it unlawful to refuse housing because of race, color, religion, sexual orientation, gender identity, religion, familial status, national origin or disability status. Housing providers cannot discriminate against someone by using one of those factors to do the following:
- Decline to sell housing, refuse to rent housing based on personal characteristics
- Decline to negotiate on housing based on those same reasons
- Make housing unavailable
- Change the parameters for sale or rental to less favorable terms. So, the landlord cannot alter the privileges, terms or conditions of the contract based on personal characteristics.
- Change the sale or rental price
- Offer or suggest different housing options in a discriminatory manner. For example, it’s unlawful to steer someone to a different unit based on family status, like whether they have children under 18. Or, whether or not they receive housing assistance.
- Put out an advertisement that displays any preference. Phrases like, “Perfect for singles” or “young professionals” are not allowed because that discriminates against older people, those in blue-collar jobs and families.
- Lies and says that a particular unit is not available
- Change or use totally different application or qualification criteria altogether to discriminate against people in housing and urban development. This includes application fees, application procedure, income requirements, credit score requirements, etc.
How the Fair Housing Act prohibits discrimination against someone already in housing
- Harass the tenant about anything related to race, color, sexual orientation, familial status, etc. Sexual harassment is also strictly prohibited.
- Delay or totally fail to perform repairs or maintenance of housing based on a tenant’s race, disability status, etc. Or, if the owner refuses to make reasonable accommodation so that a person with a disability can fully use the unit and amenities.
- Evict the renter or their guest without just cause
- Steer the tenant to certain areas, like a particular part of the building
- Place limits on amenities, privileges, facilities, etc. In other words, the property manager can’t dictate whether or not certain people can use community access amenities, like the swimming pool or laundry room.
- Manipulate the process of obtaining homeowners insurance. For example, a provider can’t change the terms or refuse to insure a person or family based on race, etc.
- Refuse a person’s membership in a real estate brokers’ association or a multiple listing service based on personal characteristics
- Attempt to profit on the listing or sale of a home by persuading owners to sell because “people of a particular protected characteristic are about to move into the neighborhood.” This is known as blockbusting.
How the Fair Housing Act prohibits discrimination in housing during the mortgage process
The Fair Housing Act also extends to protect people from discrimination during the mortgage lending process. A lender cannot do any of the following based on a person’s race, color, religion, sexual orientation, gender identity, religion, familial status, national origin or disability status.
- Deny a mortgage loan or other types of financial assistance
- Deny a person loan information
- Alter terms or conditions based on racial discrimination. For example, interest rates, fees, points, etc.
- Inaccurately appraise a dwelling as a form of discrimination in housing
- Refuse to buy a loan based on race, etc.
- Place conditions on a loan that hinge on a renter/buyer’s response to harassment
There are obviously many ways for a person to experience discrimination in housing. Even though the Fair Housing Act prohibits discrimination outright, it certainly still occurs.
Is anyone exempt from following the Fair Housing Act?
A few types of landlords and owners are exempt from adhering to the Fair Housing Act’s standards. For example, an owner who sells or rents out a single-family home without using an agent is exempt. So is an owner who occupies a building that has four or fewer units. Lastly, if a religious group or club operates private housing for members only, they are exempt, as well.
What to do if you’ve experienced housing discrimination
Both state law and federal law prohibit discrimination in regard to housing. However, it still happens, so it’s important to know what to do if you face housing discrimination. Individual states have their own channels to report housing discrimination, or a person can file a complaint online via the U.S. Department of Housing and Urban Development (HUD). HUD also accepts complaints by email, telephone or regular mail. HUD responds to all complaints within 10 business days.
You must file complaints within one year of the encounter, however, so don’t let them languish. Include all of the following information in the complaint:
- Your name and address
- The name and address of the person you’re complaint is regarding
- Address of the housing involved in the complaint
- Date(s) of the incident
- A brief summary of the incident in question
Upon receiving the complaint, it’s thoroughly investigated. Fair housing rights investigators talk to all parties involved, including any witnesses and determine if there’s reasonable cause to move forward. They collect any details and data and then, help everyone involved in the complaint come to an agreement.
If necessary, the illegal discrimination complaint could wind up in front of an administrative law judge in federal or state court. This is especially likely if a person decides to file suit against a community development, public housing or other housing providers.
If the Justice Department finds merit in the claim, they will likely inflict civil penalties. For the first violation of the Fair Housing Act, civil penalties are a maximum of $16,000. For the second violation within the past five years, the penalty is $37,500. If two or more violations occur within a seven-year period, the penalty is $65,000. The Department of Justice is not playing around!
The impact of housing discrimination
It’s probably very tempting to ignore instances of housing discrimination based on race, etc. Despite the stress and effort involved in the complaint process, it’s absolutely important to fight back against illegal discrimination practices.
In addition to being of general public importance, civil rights are an ongoing battle for people of all types, whether it’s to do with accessibility requirements for disabled people, sexual harassment, national origin, sexual orientation or anything else.
Source: rent.com