The Fair Housing Act
The Fair Housing Act prohibits discrimination in housing because
of:
- Race
or color
- National
origin
- Religion
- Sex
- 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)
- 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:
- Refuse
to rent or sell housing
- Refuse
to negotiate for housing
- Make
housing unavailable
- Deny
a dwelling
- Set
different terms, conditions or privileges for sale or rental of a
dwelling
- Provide
different housing services or facilities
- Falsely
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 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):
- Refuse
to make a mortgage loan
- Refuse
to provide information regarding loans
- Impose
different terms or conditions on a loan, such as different interest
rates, points, or fees
- Discriminate
in appraising property
- Refuse
to purchase a loan or
- Set
different terms or conditions for purchasing a loan.
In Addition: It is illegal for
anyone to:
- Threaten,
coerce, intimidate or interfere with anyone exercising a fair housing
right or assisting others who exercise that right
- 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:
- 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
- Have
a record of such a disability or
- Are
regarded as having such a disability
your
landlord may not:
- 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.)
- 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:
- Public
and common areas must be accessible to persons with disabilities
- Doors
and hallways must be wide enough for wheelchairs
- All
units must have:
- An
accessible route into and through the unit
- Accessible
light switches, electrical outlets, thermostats and other environmental
controls
- Reinforced
bathroom walls to allow later installation of grab bars and
- 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:
- A
parent
- A
person who has legal custody of the child or children or
- 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:
- 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
- It
is occupied solely by persons who are 62 or older or
- 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
HUD
is ready to help with any problem of housing discrimination. If you
think your rights have been violated, the Housing Discrimination Complaint
Form is available for you to download, complete and return, or complete
online and submit, or you may write HUD a letter, or telephone the HUD
Office nearest you. You have one year after an alleged violation to
file a complaint with HUD, but you should file it as soon as possible.
What
to Tell HUD:
- Your
name and address
- The
name and address of the person your complaint is against (the respondent)
- The
address or other identification to the housing involved
- A
short description to the alleged violation (the event that caused
you to believe your rights were violated)
- The
date(s) to the alleged violation
If
You Are Disabled:
HUD
also provides:
- A
toll-free TTY phone for the hearing impaired: 1-800-927-9275.
- Interpreters
- Tapes
and Braille materials
- Assistance
in reading and completing forms
What
Happens When You File A Complaint?
HUD
will notify you when it receives your complaint. Normally, HUD also
will:
- Notify
the alleged violator of your complaint and permit that person
to submit an answer
- Investigate
your complaint and determine whether there is reasonable cause
to believe the Fair Housing Act has been violated
- Notify
you if it cannot complete an investigation within 100 days of
receiving your complaint
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
If You Need Help Quickly?
If
you need immediate help to stop a serious problem that is being
caused by a Fair Housing Act violation, HUD may be able to assist
you as soon as you file a complaint. HUD may authorize the Attorney
General to go to court to seek temporary or preliminary relief,
pending the outcome of your complaint, if:
- Irreparable
harm is likely to occur without HUD's intervention
- There
is substantial evidence that a violation of the Fair Housing Act
occurred
Example:
A builder agrees to sell a house but, after learning the buyer is
black, fails to keep the agreement. The buyer files a complaint
with HUD. HUD may authorize the Attorney General to go to court
to prevent a sale to any other buyer until HUD investigates the
complaint.
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 (ALA)
will consider evidence from you and the respondent. If the ALA decides
that discrimination occurred, the respondent can be ordered:
- To
compensate you for actual damages, including humiliation, pain
and suffering.
- To
provide injunctive or other equitable relief, for example, to
make the housing available to you.
- To
pay the Federal Government a civil penalty to vindicate the public
interest. The maximum penalties are $10,000 for a first violation
and $50,000 for a third violation within seven years.
- 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 ALA, the District Court can order relief,
and award actual damages, attorney's fees and costs. In addition,
the court can award punitive damages.
In
Addition
You
May File Suit: You may file suit, at your expense, in Federal
District Court or State Court within two years of an alleged violation.
If you cannot afford an attorney, the Court may appoint one for
you. You may bring suit even after filing a complaint, if you have
not signed a conciliation agreement and an Administrative Law Judge
has not started a hearing. A court may award actual and punitive
damages and attorney's fees and costs.
Other
Tools to Combat Housing Discrimination:
If
there is noncompliance with the order of an Administrative Law Judge,
HUD may seek temporary relief, enforcement of the order or a restraining
order in a United States Court of Appeals.
The
Attorney General may file a suit in a Federal District Court if
there is reasonable cause to believe a pattern or practice of housing
discrimination is occurring.
For
Further Information and Where to Write or Call:
The
Fair Housing Act and HUD's regulations contain more detail and technical
information. If you need a copy of the law or regulations, contact
the HUD Office nearest you.
http://www.hud.gov/
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