UNDERSTANDING THE FAIR HOUSING ACT

The Fair Housing Act, a crucial piece of legislation, guarantees the right to obtain housing without facing discrimination.

What is Fair Housing?

Fair Housing refers to the right of individuals to seek housing free from discrimination. The Fair Housing Act is a landmark law that aims to eliminate discrimination in housing. The Act ensures that people have equal access to housing regardless of race, color, national origin, religion, sex, familial status, or disability. Understanding the principles of fair housing is essential for both housing providers and seekers to foster an inclusive and equitable housing market.

Protected Classes Under the Fair Housing Act

The Fair Housing Act specifically prohibits discrimination in housing based on certain characteristics. These protected classes include:

Race: Ensures individuals are not discriminated against based on their race.
Color: Protects against discrimination due to the color of one’s skin.
National Origin: Prohibits discrimination against persons because of their birthplace, ancestry, culture, or language.
Religion: Ensures freedom from discrimination based on religious beliefs or practices.
Sex: Protects against discrimination based on gender.
Familial Status: Ensures that families with children under 18 are not discriminated against.
Disability: Protects individuals with disabilities, ensuring access to housing and reasonable accommodations.

These classifications aim to create an equal housing landscape for all.

For more information, refer to the HUD’s Overview of the Fair Housing Act here.

Types of Housing Covered

The Fair Housing Act applies to various housing types, ensuring broad protection against discrimination. This includes rental housing, apartments and houses, and homes for sale. It also encompasses public housing, subsidized housing, and other forms of government-assisted housing. However, some exemptions, like private clubs and religious organizations, restrict occupancy to their members. This broad coverage is crucial for ensuring diverse housing options are accessible without discrimination.

Examples of Discrimination

The U.S. Department of Housing and Urban Development lists several prohibited actions. They include:

Refuse to sell or rent housing
Set different terms for sale or rental
Falsely deny housing availability
Different housing services or facilities
Fail or delay performance of maintenance or repairs

Discrimination in mortgage lending
Different qualification criteria or applications
Harassment
Limit privileges, services, or facilities
Discriminatory advertising

It’s also illegal to threaten, coerce, intimidate, or interfere with anyone exercising their fair housing rights or helping others do so. Additionally, retaliating against someone who has filed a fair housing complaint or assisted in an investigation is prohibited. These protections ensure that individuals can assert their rights without fear of harassment or retribution.

Rights and Responsibilities

Individuals seeking housing have the right to do so without facing discrimination based on protected classes. Landlords and sellers are responsible for providing equal treatment to all potential tenants or buyers, regardless of race, color, religion, sex, disability, familial status, or national origin. They must adhere to fair standards in renting, selling, and advertising properties and ensure they do not engage in discriminatory practices.

How to file a complaint

If you believe you have experienced housing discrimination, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). This can be done online, by mail, or via phone. The complaint should include your contact information, the details of the alleged discrimination, and any relevant documentation. Once filed, HUD will investigate the complaint and determine the appropriate action. It is important to file the complaint within one year of the discriminatory act.

ABOUT NAVIGATE

Navigate Affordable Housing Partners is a nonprofit that actively works to enhance all aspects of the housing industry to ensure that people have access to quality, livable housing choices.