The notes below are intended only to supplement a complete and diligent review of the related chapter in your course text. Studying these notes alone is not expected to be adequate test preparation.

 

 

FEDERAL FAIR HOUSING ACT

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The Fair Housing Act

 

The Fair Housing Act prohibits discrimination in housing because of:

1. Race or color

2. National origin

3. Religion

4. Sex

5. 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)

6. Handicap (Disability)

What Housing Is Covered?

The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

What Is Prohibited?

In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:

1. Refuse to rent or sell housing

2. Refuse to negotiate for housing

3. Make housing unavailable

4. Deny a dwelling

5. Set different terms, conditions or privileges for sale or rental of a dwelling

6. Provide different housing services or facilities

7. Falsely deny that housing is available for inspection, sale, or rental

8. For profit, persuade owners to sell or rent (blockbusting) or

9. Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

In Mortgage Lending: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (disability):

1. Refuse to make a mortgage loan

2. Refuse to provide information regarding loans

3. Impose different terms or conditions on a loan, such as different interest rates, points, or fees

4. Discriminate in appraising property

5. Refuse to purchase a loan or

6. Set different terms or conditions for purchasing a loan.

In Addition: It is illegal for anyone to:

1. Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right

2. Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.

Additional Protection If You Have a Disability

If you or someone associated with you:

1. Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities

2. Have a record of such a disability or

3. Are regarded as having such a disability

your landlord may not:

1. Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)

2. Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.

Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.

Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.

However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.

Requirements for New Buildings

In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:

1. Public and common areas must be accessible to persons with disabilities

2. Doors and hallways must be wide enough for wheelchairs

3. All units must have:

   1. An accessible route into and through the unit

   2. Accessible light switches, electrical outlets, thermostats and other environmental controls

   3. Reinforced bathroom walls to allow later installation of grab bars and

   4. Kitchens and bathrooms that can be used by people in wheelchairs.

If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground floor units.

These requirements for new buildings do not replace any more stringent standards in State or local law.

Housing Opportunities For Families

Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:

1. A parent

2. A person who has legal custody of the child or children or

3. The designee of the parent or legal custodian, with the parent or custodian's written permission.

Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.

Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:

1. The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program or

2. It is occupied solely by persons who are 62 or older or

3. It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent to house persons who are 55 or older.

A transition period permits residents on or before September 13, 1988, to continue living in the housing, regardless of their age, without interfering with the exemption.

If You Think Your Rights Have Been Violated

You have one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible.

Conciliation

HUD will try to reach an agreement with the person your complaint is against (the respondent). A conciliation agreement must protect both you and the public interest. If an agreement is signed, HUD will take no further action on your complaint. However, if HUD has reasonable cause to believe that a conciliation agreement is breached, HUD will recommend that the Attorney General file suit.

Complaint Referrals

If HUD has determined that your State or local agency has the same fair housing powers as HUD, HUD will refer your complaint to that agency for investigation and notify you of the referral. That agency must begin work on your complaint within 30 days or HUD may take it back.

What Happens After A Complaint Investigation?

If, after investigating your complaint, HUD finds reasonable cause to believe that discrimination occurred, it will inform you. Your case will be heard in an administrative hearing within 120 days, unless you or the respondent want the case to be heard in Federal district court. Either way, there is no cost to you.

The Administrative Hearing:

If your case goes to an administrative hearing HUD attorneys will litigate the case on your behalf. You may intervene in the case and be represented by your own attorney if you wish. An Administrative Law Judge (ALJ) will consider evidence from you and the respondent. If the ALJ decides that discrimination occurred, the respondent can be ordered:

1. To compensate you for actual damages, including humiliation, pain and suffering.

2. To provide injunctive or other equitable relief, for example, to make the housing available to you.

3. To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $11,000 for a first violation, up to $27,500 if the respondent has committed one other discriminatory housing practice within the previous five years and and up to $55,000 if the respondent has committed two or more violations within the previous seven years.

4. To pay reasonable attorney's fees and costs.

Federal District Court

If you or the respondent choose to have your case decided in Federal District Court, the Attorney General will file a suit and litigate it on your behalf. Like the ALJ, the District Court can order relief, and award actual damages, attorney's fees and costs. In addition, the court can award punitive damages.