Do you feel that you were unfairly discriminated against when trying to buy, rent, or receive financing for a property? Are you concerned that you will be and want to know your rights? If you’re starting a property search and are worried about being treated unfairly because of your race, gender, or religion, you should know about how federal fair housing laws protect you.
What is the Fair Housing Act?
As part of the Civil Rights Act signed by President Lyndon B. Johnson in 1968, the federal government enacted the Fair Housing Act (FHA), prohibiting discrimination in the sale, rental, and financing of housing based on race, religion, and national origin. In 1974, it was amended to include sex, and in 1988, to include people with disabilities, families with children, and pregnant women. In these instances, the FHA enables those who believe they were discriminated against to seek restitution via federal or state courts.
Discrimination or unfair treatment aren’t the only things that are covered. The FHA also makes it a federal crime for a home seller or landlord to use force or threat of force to interfere with fair housing rights and prohibits sexual harassment or harassment because of race, sex, religion, national origin, familial status, or disability. In instances of harassment, the Department of Justice may pursue criminal proceedings.
Who does it protect?
The FHA must be adhered to by anyone who directly provides housing or financing to receive housing to another person. This includes landlords, real estate brokerages, lenders, homeowners insurance companies, or municipalities that grant FHA loans or public housing.
None of the above entities can discriminate against anyone solely due to their:
- race or color
- religion
- sex
- national origin
- familial status (includes people with children, pregnant women, or families in the process of adopting a child)
- disability
What constitutes discrimination?
Forms of discrimination include:
- Refusal to sell, rent, or provide financing to any of the above groups even though they qualify.
- Setting different criteria in the terms, conditions, or privilege of the sale or rental of a dwelling or property loan.
- Advertising the sale or rental of a dwelling indicating a preference. (e.g. Male tenants only.)
- Neglecting or delaying maintenance and repairs.
- Restricting access to services and amenities available to all tenants.
- Harassment, including coercing, threatening, intimidating, or interfering with a person exercising their fair housing rights.
- Retaliating against a person or organization that has filed a fair housing complaint.
- Sexual harassment, including quid pro quo harassment (e.g. requesting sex in lieu of rent) and creating a hostile environment (e.g. lewd comments and unwelcome groping).
See a complete list of discriminatory practices.
What additional protections are in place for people with disabilities?
The FHA has more specific requirements when it comes to people with disabilities. People with disabilities include anyone with a physical impairment, intellectual disability, mental health disability, or addiction disorder (although current substance abusers are not included). In addition to disqualifying a potential buyer or tenant or denying them a loan, landlords must make certain reasonable accommodations for disabled tenants.
Tenants are allowed to make reasonable modifications to a premises, such as grab bars in a shower, at their own expense, although the landlord can require that they remove them at the end of their tenancy. Landlords also have to make reasonable accommodations to their rules and policies for disabled people, such as allowing service animals even if they have a no pet policy.
Are LGBTQ+ people included in the FHA?
Sexual orientation and gender identity are not protected under the Fair Housing Act, but the Department of Housing and Urban Development (HUD) did issue a 2012 regulation that prohibits LGBTQ+ discrimination in federal housing programs.
Several states have also enacted their own laws that prohibit housing discrimination against LGBTQ+ people.
States and territories that prohibit housing discrimination based on sexual orientation or gender identity: California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Puerto Rico, Rhode Island, Utah, Vermont, and Washington State.
States that prohibit housing discrimination based on sexual orientation: New Hampshire, New York, and Wisconsin.
Additionally, the city of Austin passed a law making discrimination based on sexual orientation illegal, but Texas doesn’t have a state law.
Are there any other types of discrimination it doesn’t protect?
Landlords are allowed to disqualify tenants based on objective criteria, such as their income, credit history, and employment status as long as they are consistent in their screening. Meanwhile, buyers, renters, and borrowers are allowed to discriminate in their property or bank searches in any way. The primary purpose of the FHA is to protect buyers’ and renters’ rights to equal opportunities when seeking housing.
What can I do if I believe I was discriminated against?
The Office of Fair Housing and Equal Opportunity (part of HUD) is in charge of enforcing the FHA. If you believe you have been discriminated against, you can start by contacting a local human rights agency for advice about your case. You usually begin the process by filing a complaint with HUD. You can also choose to file a lawsuit with the Department of Justice in federal court or a civil suit in state court.
In instances where harassment, sexual harassment, force, or threats of force occur, the Department of Justice may institute criminal proceedings.
Understanding your Fair Housing Act rights is important before you begin searching for a new home. With this foundation of knowledge, you can ensure you’re treated fairly, but if you believe you have been discriminated against, always consult with a lawyer who can offer specialized advice based on your situation.
