Do you know the Fair Housing Act protected classes?
The federal Fair Housing Act (FHA) ( 42 U.S. Code § § 3601-3619 and 3631) aims to ensure that rental applicants, prospective tenants (prospects) and current tenants don't get treated differently because of certain characteristics or attributes they have. A group of people who share such an identified characteristic is collectively known as a "protected class."
What are federal Fair Housing protected classes?
The Fair Housing Act, if they have experienced discrimination under one of the Act’s seven protected classes, such as sex or disability; State and local anti-discrimination laws that specifically include sexual orientation and/or gender identity as protected classes.
What are fair housing regulations?
The Fair Housing Act prohibits discrimination in housing because of:
- Race
- Color
- National Origin
- Religion
- Sex
- Familial Status
- Disability
What was the Fair Housing Act of 1968?
The Fair Housing Act of 1968 prohibited discrimination concerning the sale, rental and financing of housing based on race, religion, national origin or sex.
What is the Fair Housing Act?
What is the second area of the Fair Housing Act?
What is the Department of Justice?
What does "denying a permit" mean?
What is reasonable accommodation?
What is senior housing?
What is a major life activity?
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About this website
Which of the following is not covered by the Fair Housing Act?
Race, color, religion, sex, handicap, familial status, national origin. Although some interest groups have tried to lobby to include sexual orientation and marital status, these aren't protected classes under the federal law, but are sometimes protected by certain local state fair housing laws.
What does the Fair Housing Act of 1968 cover?
The 1968 Act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status. Title VIII of the Act is also known as the Fair Housing Act (of 1968).
What are the 3 broad purposes of the Fair Housing Amendments Act?
The Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings and in other housing-related activities based on disability, among other protected classes.
What is the most common type of fair housing discrimination?
Common Signs of Housing DiscriminationFalsely deny that housing is available for inspection, sale or rental,For profit, persuade owners to sell or rent (blockbusting), or.Deny anyone access to or membership in a facility or service (such as multiple listing service) related to the sale or rental of housing.More items...•
What a landlord Cannot do?
Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.
Which of the following would constitute a violation of fair housing laws?
(fair housing laws) The Federal Fair Housing Act of 1968 bans discrimination based on race, color, religion, sex or national origin. The Fair Housing Amendments Act of 1988 added the protection of disability and familial status. The Federal Fair Housing Laws do not protect against sexual orientation.
Which of these situations would be exempt from most provisions of the federal Fair Housing Act?
Which of the following situations would be exempt under the Fair Housing Act? The Fair Housing Act allows an exemption for the rental of a unit in a dwelling of up to four units, so long as the owner lives in one of the units, employs no real estate agent, and uses no discriminatory advertising.
Which of these is the most ethical reason to comply with fair housing laws?
Which of these is the most ethical reason to comply with fair housing laws? prohibits housing discrimination based on race, color, national origin, and religion. What's the primary purpose of the federal Fair Housing Act? "Separate but equal" is sufficient.
Which of the following is a possible penalty for violating the Fair Housing Act?
The maximum civil penalties are: $16,000, for a first violation of the Act; $37,500 if a previous violation has occurred within the preceding five-year period; and $65,000 if two or more previous violations have occurred within the preceding seven-year period.
What is an example of housing discrimination?
Examples of housing discrimination include charging higher fees to potential renters with children, refusing to show immigrant applicants homes in certain areas, or offering to buy a home for less because of the race of the person selling the home.
Can a landlord refuse to rent to someone?
In fact, you can choose not to rent to someone for whatever reason you like - so long as it isn't because of one of the protected characteristics. On the other side of discrimination, positive discrimination is allowed.
What do redlining mean?
The term has come to mean racial discrimination of any kind in housing, but it comes from government maps that outlined areas where Black residents lived and were therefore deemed risky investments. Send any friend a story.
What did the Fair Housing Act of 1968 do to end housing discrimination?
Contents. The Fair Housing Act of 1968 prohibited discrimination concerning the sale, rental and financing of housing based on race, religion, national origin or sex.
Was the Fair Housing Act 1968 successful?
Despite the considerable pressure on Congress to respond the civil unrest, the Civil Rights movement led by Dr. Martin Luther King, and the Kerner Commission's policy agenda, fair housing legislation bogged down in Congress. Fair housing legislation failed to pass in 1966 and 1967.
What were the two provisions of the Fair Housing Act?
The Fair Housing Act makes it illegal to harass persons because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin. Among other things, this forbids sexual harassment. Learn more about sexual harassment here.
What's the primary purpose of the federal Fair Housing Act quizlet?
The Fair Housing Act is a federal act in the United States intended to protect the buyer or renter of a dwelling from seller or landlord discrimination. Its primary prohibition makes it unlawful to refuse to sell, rent to, or negotiate with any person because of that person's inclusion in a protected class.
FAIR HOUSING ACT (as amended) (Title VIII of the 1968 Civil Rights Act)
4 of this title, it shall be unlawful-- (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person
GTranslate - HUD.gov / U.S. Department of Housing and Urban Development ...
Learn more about the many fair housing laws enforced by FHEO and how those laws can help you. It is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance, or in other housing-related activities.
The Basics of the Fair Housing Act - The Balance Small Business
Fair Housing Testers: HUD hires people to pose as renters or home buyers to see if discriminatory practices are being used. As a landlord, you need to be careful what you say in person, on the phone, and in rental ads. Investigate Discrimination Claims: Individuals who feel their fair housing rights have been violated under the Fair Housing Act can file a discrimination claim with HUD.
Fair Housing Act: The Basics of Fair Housing Laws
Learn the basics of the Fair Housing Act, fair housing laws and equal housing opportunity to avoid rental discriminition and protect your tenant's rights.
The Fair Housing Act of 1968 | US House of Representatives: History ...
On this date, less than a week after the assassination of Dr. Martin Luther King Jr., the House of Representatives passed the Fair Housing Act of 1968—also known as the Civil Rights Act of 1968—which prohibited discrimination in the sale or rental of housing nationwide. Introduced as H.R. 2516 by House Judiciary Committee chairman Emanuel Celler of New York on January 17, 1967, the bill ...
Fair Housing Act - HISTORY
The Fair Housing Act of 1968 prohibited discrimination concerning the sale, rental and financing of housing based on race, religion, national origin or sex.
What Is the Fair Housing Act?
The Fair Housing Act is a federal law enacted in 1968 that prohibits discrimination in the purchase, sale, rental, or financing of housing—private or public—based on race, skin color, sex, nationality, or religion. The statute has been amended several times, including in 1988 to add disability and family status. 1 State and local laws may expand on these protections in some jurisdictions, but may not detract from or reduce them.
What are some examples of discrimination?
Here are some examples of what may be considered illegal discrimination under the law: 1 A landlord says that an apartment is available when a prospective tenant calls to inquire over the phone, but upon seeing that the person who inquired is African American, says that the apartment has just been rented. Upon hearing an inquiry from a member of another race, the landlord says it is available again. 2 A real estate agent refuses to show a house for sale in a specific neighborhood because of the race, religion, or ethnicity of the buyer—or conversely, steers a buyer to a different neighborhood when they asked to see a property elsewhere in the same price range. 3 A mortgage lender charges an applicant a higher interest rate for a loan to buy a home in a predominately Latinx neighborhood than in a predominately white neighborhood, or steers a borrower to a loan with less favorable terms because of their sex, race, or nationality. 4 A modern multifamily condominium fails to comply with accessibility requirements for buildings erected after 1991, such that a prospective wheelchair-bound buyer can't access a unit or parking there. 5 A rental agent refuses to rent an apartment to any single woman with children. 7
What does it mean when a landlord says an apartment is available?
A landlord says that an apartment is available when a prospective tenant calls to inquire over the phone, but upon seeing that the person who inquired is African American, says that the apartment has just been rented. Upon hearing an inquiry from a member of another race, the landlord says it is available again.
Why do mortgage lenders charge higher interest rates?
A mortgage lender charges an applicant a higher interest rate for a loan to buy a home in a predominately Latinx neighborhood than in a predominately white neighborhood, or steers a borrower to a loan with less favorable terms because of their sex, race, or nationality.
What to do if you think you have been discriminated against?
If you think you've been discriminated against based on race, religion, sex, marital status, use of public assistance, national origin, disability, or age, there are steps you can take. One such step is to file a report to the Consumer Financial Protection Bureau (CFPB) or with HUD.
Why does a realtor refuse to show a house for sale in a specific neighborhood?
A real estate agent refuses to show a house for sale in a specific neighborhood because of the race, religion, or ethnicity of the buyer —or conversely, steers a buyer to a different neighborhood when they asked to see a property elsewhere in the same price range.
What was the Civil Rights Act of 1964?
The Civil Rights Act of 1964 paved the way for this legislation. The Civil Rights Act was passed by Congress in direct response to the movement to end racial segregation and injustice in the 1950s and '60s. 4 The Fair Housing Act was passed by Congress less than a week after the assassination of the Rev. Dr. Martin Luther King, Jr.
What does the Federal Fair Housing Act Cover?
The Federal Fair Housing Act prohibits discrimination in housing on the basis of:
What is a false denying of housing?
Falsely denying that housing is available for inspection, sale or rental to any person who is legally protected by the Act. Refusal to make reasonable accommodations in rules or services for a disabled person, that have been deemed neccessary by a physician.
What is a refusal to rent or sell housing?
Refusal to rent or sell housing to any person who is legally protected by the Act. Setting different terms, conditions, or privileges for a sale or rental to any person who is legally protected by the Act. Providing different housing services or facilities to any person who is legally protected by the Act.
How long does it take to file a civil rights complaint in New Jersey?
You may file a complaint with the New Jersey Division on Civil Rights within 180 days of the date of the alleged violation. The complaint must be filed at one of the following regional offices. South Shore Regional Office. 609-441-3100. TTY: 609-441-7648.
What is the Office of Fair Housing and Equal Opportunity?
The Office of Fair Housing and Equal Opportunity within HUD enforces laws and creates polices to ensure equal access to housing under the Fair Housing Act. Individuals who feel they have been discriminated against in a manner prohibited by the Act can file a complaint with HUD.
How does the Fair Housing Act help with segregation?
Another way the Fair Housing Act may be leveraged to combat segregation is enforcement of the Act’s clause to affirmatively furthering fair housing. Beyond prohibiting discrimination in housing, the Fair Housing Act requires governments to actively work toward racial integration of neighborhoods. Some critics of the Act insist this provision has not been adequately enforced, while others argueaffirmatively furthering fair housing oversteps the intention of the law and the powers of the federal government. In 2015, the Obama administration announced a new rulerequiring cities and counties to study and report their housing patterns in order to meet desegregation goals. According to the Washington Post, “officials insist that they want to work with and not punish communities where segregation exists. But the new reports will make it harder to conceal when communities consistently flout the law. And in the most flagrant cases, HUD holds out the possibility of withholding a portion of the billions of dollars of federal funding it hands out each year.”
What was the significance of the 1988 Fair Housing Amendments Act?
A major victory for fair housing occurred after passage of the 1988 Fair Housing Amendments Act, which (among other things) extended protections to individuals with disabilities. An important outcome of that legislation was the ability to challenge local zoning laws prohibiting community or group living for individuals with disabilities.
What happens if a judge rules that discrimination did occur?
If a judge rules that discrimination did occur, the violator may be ordered to compensate the plaintiff for damages, make housing available, pay a civil penalty and/or pay reasonable attorney’s fees. One may also file a suit at their own expense in Federal or State Court, depending on the actions already taken.
What was the Kerner Commission report of 1968?
The Kerner Commission report of 1968 described the situation as, “the division of our country into two societies; one, largely Negro and poor, located in the central cities; the other, predominantly white and affluent, located in the suburbs and in outlying areas. ”.
What was the Fair Housing Act of 1968?
The Fair Housing Act of 1968 reversed decades of discriminatory housing practices, and established a number of critical protections still important today.
When did the Fair Housing Testing Program start?
In addition to relying on complaints, in 1991 the Department of Justice established the Fair Housing Testing Program. Posing as prospective renters or buyers, testers are sent to properties to determine whether housing providers comply with the Fair Housing Act.
What Are the Fair Housing Act’s "Housing for Older Persons" Exemptions?
In order to qualify for the "housing for older persons" exemption, a facility or community must comply with all the requirements of the exemption.
What is the Housing for Older Persons exemption?
The Housing for Older Persons exemptions apply to the following housing: Provided under any state or federal program that the Secretary of HUD has determined to be specifically designed and operated to assist elderly persons (as defined in the state or federal program);
What to do if you think your housing rights have been violated?
If you think your fair housing rights have been violated, you may file a complaint with HUD or contact your local FHEO office.
What is the Fair Housing Act?
The Fair Housing Act: Housing for Older Persons. The Fair Housing Act prohibits discrimination because of race, color, national origin, religion, sex, disability or familial status (families with children under the age of 18; pregnant women and people in the process of obtaining custody of children under 18, or persons with written permission ...
How old do you have to be to qualify for 55 or older housing?
In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the following requirements: At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and.
Does HUD require age verification?
The facility or community must comply with HUD's regulatory requirements for age verification of residents. The "housing for older persons" exemption does not protect such housing facilities or communities from liability for housing discrimination because of race, color, religion, sex, disability, or national origin.
Can a community refuse to sell a house to a minor?
Such exempt housing facilities or communities can lawfully refuse to sell or rent dwellings to families with minor children only if they qualify for the exemption. In order to qualify for the "housing for older persons" exemption, a facility or community must comply with all the requirements of the exemption.
What is Martindale Nolo?
Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.
What is the FHA?
When the Fair Housing Act Applies. The FHA applies to most—but not all—types of housing. Types of housing excluded from the FHA include: Owner-occupied buildings with four or fewer units. The FHA generally isn't applicable when a building has two to four units, and the owner lives in one of them. Single-family homes rented without a broker.
Why is FHA not discriminating?
Even if the FHA doen't apply to your property, there are many other reasons to not discriminate. Aside from fairness considerations and concerns about penalties for violating fair housing laws, many fair housing advocates stress that by being more inclusive you stand a better chance of growing your business and attracting quality tenants.
What is an exempt property from FHA?
Exempt properties include those that fit the rules of 55 and older or 62 and older communities, or those that participate in a federal, state or local senior housing program. It's important to note that even if your property is exempt from the FHA because of one of the reasons listed above, you must still comply with the law's ban on issuing ...
What is the Fair Housing Act?
The Fair Housing Act (FHA) ( 42 U.S. Code § § 3601-3619 and 3631) protects tenants (and home buyers) against housing discrimination. As a federal law, the FHA applies across the country, including all 50 states and Washington, D.C., as well as all U.S. territories and possessions. Within this broad geographic jurisdiction, ...
Does FHA apply to owner occupied homes?
For example, while the FHA generally doesn't apply to owner-occupied buildings with four or fewer units, Massachusetts' fair housing law generally applies to all but owner-occupied, two-family houses. ( Mass. Gen. Laws ch. 151B, § 4 ). Even if the FHA doen't apply to your property, there are many other reasons to not discriminate.
Does FHA apply to my property?
If you determine that the FHA doesn't apply to your property (or even if you determine that it does), be aware that there may be a local or state fair housing law that does, and it might prohibit additional forms of discrimination or cover a greater number of properties than the FHA does. For example, while the FHA generally doesn' t apply ...
What is considered public accommodation under the Americans with Disabilities Act?
Buildings with four or less units (where the landlord occupies one of the units); Single family housing sold or rented without a real estate agent; Hotels and motels (which are, however, considered places of public accommodation under the Americans with Disabilities Act); and. Private clubs.
Is Fair Housing Act covered by the FHA?
These Types of Housing Are Covered Under the Fair Housing Act. And These Types of Housing Are Not. By Scott M. Badami on April 6, 2018. If you are an apartment management professional, it is good practice to presume your community is covered under our federal Fair Housing Act (FHA) as well as its state (and/or city or county counterpart).
Are emotional support animals covered under the Fair Housing Act?
The short answer is, “Yes.” However, there are steps to be taken to verify anyone claiming this status for their pet. Having a process in place beforehand will help streamline the accommodation request. Let’s take a look at some common problems that the housing industry must overcome.
Can a landlord deny an ESA based on breed/size?
Imagine this scenario. Hi, meet my emotional support dog. Kujo the 100 pound Pit Bull. Oh boy! Many communities have breed/weight restrictions. But do these apply to ESAs? Before you even address the 100-pound dog in the room, start at the basics. Complete an application for housing. If the application is approved, now move on to processing a reasonable accommodation request. At this point, if the animal is verified as an emotional support animal, accommodations must be made, regardless of breed or size.
Can housing deny multiple emotional support animals?
Residents are asking for more than one emotional support animal. Again, your first thought might be to say “No bluntly,” but this would not follow best practices. Instead, you need to follow the same protocol as you would for one pet, but with some additional steps. Additionally, the resident needs to explain what type of individual service each animal provides. Next, you would move on to the verifier. Review the verification letter to see whether it shows personal knowledge and an ongoing relationship with the resident. Next, verify if it explains the different services each pet provides. If the information doesn’t match or separate services haven’t been documented, it does not meet the criteria for adequate verification for multiple animals.
What happens if information doesn't match?
If the information doesn’t match or separate services haven’t been documented, it does not meet the criteria for adequate verification for multiple animals. So as you can see, there are many different scenarios that you will contend with when it comes to ESAs.
What is the problem with a resident not identifying their cat?
The first problem is that the resident did not identify that they had this cat, and it's probably a violation of the rules to have an animal that you don't identify to management when you bring the animal in your property.
Can you apply pet restrictions to an emotional support animal?
Jonathan Saar: Mm-hmm (affirmative). Kathi Williams: If indeed, it is an emotional support animal, then you cannot apply your pet restrictions, which probably includes size and breed restrictions, you can't apply those to an assistance animal, which would include an emotional support animal.
What is the Fair Housing Act?
The Fair Housing Act defines discrimination in housing against persons with disabilities to include a failure "to design and construct" certain new multi-family dwellings so that they are accessible to and usable by persons with disabilities, and particularly people who use wheelchairs. The Act requires all newly constructed multi-family dwellings of four or more units intended for first occupancy after March 13, 1991, to have certain features: an accessible entrance on an accessible route, accessible common and public use areas, doors sufficiently wide to accommodate wheelchairs, accessible routes into and through each dwelling, light switches, electrical outlets, and thermostats in accessible location, reinforcements in bathroom walls to accommodate grab bar installations, and usable kitchens and bathrooms configured so that a wheelchair can maneuver about the space.#N#Developers, builders, owners, and architects responsible for the design or construction of new multi-family housing may be held liable under the Fair Housing Act if their buildings fail to meet these design requirements. The Department of Justice has brought many enforcement actions against those who failed to do so. Most of the cases have been resolved by consent decrees providing a variety of types of relief, including: retrofitting to bring inaccessible features into compliance where feasible and where it is not -- alternatives (monetary funds or other construction requirements) that will provide for making other housing units accessible; training on the accessibility requirements for those involved in the construction process; a mandate that all new housing projects comply with the accessibility requirements, and monetary relief for those injured by the violations. In addition, the Department has sought to promote accessibility through building codes.
What is the second area of the Fair Housing Act?
The second area is insuring that newly constructed multifamily housing is built in accordance with the Fair Housing Act's accessibility requirements so that it is accessible to and usable by people with disabilities, and, in particular, those who use wheelchairs.
What is the Department of Justice?
The Department brings cases where there is evidence of a pattern or practice of discrimination or where a denial of rights to a group of persons raises an issue of general public importance. Where force or threat of force is used to deny or interfere with fair housing rights, the Department of Justice may institute criminal proceedings.
What does "denying a permit" mean?
To take action against, or deny a permit, for a home because of the disability of individuals who live or would live there. An example would be denying a building permit for a home because it was intended to provide housing for persons with mental retardation.
What is reasonable accommodation?
What constitutes a reasonable accommodation is a case-by-case determination.
What is senior housing?
This type of housing, which meets the standards set forth in the Housing for Older Persons Act of 1995, may operate as "senior" housing. The Department of Housing and Urban Development (HUD) has published regulations and additional guidance detailing these statutory requirements.
What is a major life activity?
The term major life activity may include seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, speaking, or working. The Fair Housing Act also protects persons who have a record of such an impairment, or are regarded as having such an impairment.
The Fair Housing Act
- The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Additional protectionsapply to federally-assisted housing. Learn about the History of the Fair Housing Act, and read Examplesof the many forms of housing discrimination.
Who Is Protected?
- The Fair Housing Act prohibits discrimination in housing because of: 1. Race 2. Color 3. National Origin 4. Religion 5. Sex (including gender identity and sexual orientation) 6. Familial Status 7. Disability
What Types of Housing Are Covered?
- The Fair Housing Act covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.
What Is Prohibited?
- In the Sale and Rental of Housing: It is illegal discrimination to take any of the following actions because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin: 1. Refuse to rent or sell housing 2. Refuse to negotiate for housing 3. Otherwise make housing unavailable 4. Set different terms, conditions or privileges f…
Additional Resources
What Is The Fair Housing Act?
Understanding The Fair Housing Act
- The U.S. Department of Housing and Urban Development (HUD) is the primary enforcer of the Fair Housing Act. The HUD's website provides additional information about what constitutes discrimination under the law, and how to proceed if a person feels that their inclusion in a protected class somehow negatively influenced a decision.1 The Civil Rights Act of 1964 paved …
Examples of Housing Discrimination
- Here are some examples of what may be considered illegal discrimination under the law: 1. A landlord says that an apartment is available when a prospective tenant calls to inquire over the phone, but upon seeing that the person who inquired is Black, says that the apartment has just been rented. Upon hearing an inquiry from a member of another race, the landlord says it is avail…
Fair Housing Act Enforcement
- Under the Fair Housing Act, the U.S. Department of Justice (DOJ) may file a lawsuit against a defendant who is alleged to have engaged in a "pattern or practice" of discrimination or discriminated against a group of people such that an issue of "general public importance" is raised. Courts have held that it is at the U.S. attorney general's discretion to decide what is a mat…
Federal Court Trial vs. Administrative Hearing
- If the person filing the discrimination complaint chooses a federal court trial, they would be represented by DOJ attorneys and the case would be heard by a judge or a jury. Should the complainant win, they could receive both compensatory and punitive damages. Moreover, if the individual's complaint was part of a larger "pattern and practice" of discrimination, the DOJ coul…
Special Considerations
- Housing and civil rights attorneys say that proving housing discrimination, unless it is overt and obvious, can be difficult and that collecting good evidence in the form of written records and documents is helpful. They suggest that individuals who believe they have been a victim of discrimination contact their local fair housing center or an attorney for guidance.10 Some state…