Fair Housing

Many black and Hispanic soldiers fought and died for the U.S. in the Vietnam War during the 1960s. Back home, their families couldn’t rent or buy homes in many areas because of their race. Congress tried to address that issue in 1968. It passed the Fair Housing Act, which expanded anti-discrimination laws to include housing.

State and federal laws make housing discrimination illegal. If you’re experiencing discrimination, speak to an experienced landlord-tenant attorney. They can explain your rights and give you advice about your situation.

What Is the Fair Housing Act?

The Fair Housing Act (FHA) makes it illegal to discriminate in most housing-related activities. The discriminatory act is unlawful when it’s based on a protected characteristic. Protected characteristics include the following:

• Race, color, and national origin
• Gender, including sexual orientation and gender identity
• Religion
• Disability
• Family status, including marital status

Housing-related activities protected include the following:

• Buying
• Selling
• Renting
• Financing and mortgage lending

The FHA covers most housing. However, it doesn’t apply to the following:

• Owner-occupied buildings with no more than four units
• Single-family homes sold or rented by the owner without an agent
• Housing operated by religious organizations
• Housing operated by private clubs that only allow occupancy to its members

How Do I Know If I’m Being Discriminated Against?

Discrimination against a protected class can show up in many ways. Following are some examples of illegal, discriminatory actions:

• Refuse to rent or sell housing to you
• Evict you
• Provide you with different housing services or facilities
• Tell you that housing is unavailable for sale or rental
• Charge you a different price to buy or rent real estate
• Assign you to a particular building or section of a neighborhood
• Refuse to loan you money for a mortgage
• Refuse to let you take part in housing assistance programs
• Give you different loan terms

Everyone should be able to enjoy their housing. That principle applies whether you own or rent your home. Property owners must provide reasonable accommodation for persons with disabilities when renting. That includes letting you make reasonable modifications to your rental unit. Examples include installing a ramp into the building or grab bars in your bathroom.

Builders must include certain accessibility features in new buildings. The requirement applies to multi-family dwellings of four or more units. Examples include the following:

• An accessible entrance
• Doors that can accommodate a wheelchair
• Light switches, electrical outlets, and thermostats that are in an accessible location
• Bathroom walls that can support grab bars
• Kitchens and bathrooms with enough room so that a wheelchair can maneuver in the space

What Can I Do if I’m Discriminated Against?

The Office of Fair Housing and Equal Opportunity (FHEO) enforces the federal Fair Housing Act. The FHEO is part of the Department of Housing and Urban Development (HUD). State fair housing laws supplement the federal law. Local governments may also have regulations protecting fair housing rights.

Unfortunately, proving discrimination is difficult. If you think you’ve been discriminated against, you can file a housing complaint with the FHEO. You may also file a lawsuit in federal or state court. The US Department of Justice (DOJ) can file a suit on your behalf based on a referral by HUD.

The DOJ can sue a property owner or lender when there’s a pattern of discrimination. These cases often involve discrimination against a group of persons. These cases also usually raise an issue of general public importance.

Contact a Lawyer for Help

Everyone should have the same housing opportunities. The federal Fair Housing Act and other tenant’s rights laws protect against discrimination by landlords, housing providers, and lenders. Proving discrimination can be difficult. A landlord-tenant attorney can help you understand your rights. They can also help you file a complaint and represent you in court if necessary.