Fair Housing: What Does it Really Mean?

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The Fair Housing Act, enforced by the U.S. Department of Housing and Urban Development, bars discriminatory practices in housing related to race, color, national origin, religion, sex, handicap or familial status, including pregnant women, people securing the custody of children under the age of 18, and children under the age of 18 who are living either with parents or legal custodians.

Contrary to what you might believe, the Fair Housing Act applies to the majority of housing in the United States -- not just multifamily units. There are some occasional exceptions, including single-family homes either sold or rented without the services of a broker; private clubs that practice members-only policies; housing owned and operated by an organization or organizations; and "owner-occupied" buildings with no more than four units.

The Fair Housing Act specifically outlines the practices it prohibits in the sale and rental of housing. They include (based on the above-mentioned criteria of race, color, national origin, religion, sex, handicap and/or familial status): the persuasion of owners to rent or sell (called "blockbusting"); setting different conditions, offering special "breaks" or terms for the rental or sale of housing; the refusal to negotiate, rent or sell housing; providing alternative or different housing facilities or services to specific groups or individuals based on the above criteria; the false statement that housing is unavailable for viewing, rental or sale (including the false claim that the house in question has already been rented or bought when it hasn't); and the denial of membership (to a housing-related facility and/or service) to any group or individual.

If all of this sounds very backwards, it is. Even scarier, these schemes continue to be practiced to the point where numerous arrests and fines are instituted each year, making the Fair Housing Act a rather unfortunate but effective necessity.

The act also protects citizens from discriminatory mortgage lending practices, including the refusal to provide information about available loans; refusal to issue a mortgage loan; the institution of different loan terms or conditions for different groups or individuals; discrimination in the appraisal of property; the refusal to purchase a loan; and the establishment of alternate or different terms for loan purchase.

Disabled citizens also are protected under the Fair Housing Act. Under the law, "disabled" includes those who have either a physical or mental disability, which includes hearing or visual loss, AIDS, mental retardation, mental illness, alcoholism and various physical and mobility challenges. What is considered an outright violation of a disabled person's rights under the act? In addition to the obvious example (refusing to rent or sell a property based solely on one's disability), other violations include a landlord's refusal to make small changes to your property (the addition of a railing in your bathroom, for example) or the common areas surrounding your property (the building of a ramp, for example). Many blind prospective homeowners don't realize that seeing-eye dogs are an exception to "no pets" policies in apartment complexes, and denying a prospective resident the right to rent based on his or her possession of a seeing-eye dog is a violation of the act.

According to HUD, landlords of buildings constructed after March 31, 1991, (note: these rules apply to buildings with four or more units and an elevator) must give disabled tenants reserved parking near their units if requested; must make all common areas accessible to the disabled; must make all doors and entryways wide enough to accommodate wheelchairs; make light switches, thermostats and electrical outlets accessible to wheelchair-bound tenants; make bathroom walls sturdy enough to accommodate the installation of grip bars if necessary; and make kitchens and their appliances accessible to wheelchair-bound tenants.

Interpretation of sexism, racism, ageism or other prejudice is sometimes subjective. In the extreme cases, it may include outright threats or intimidation of your attempt to protect your own rights under the Fair Housing Law. At its worst, it could include advertisements or other written materials that promote preferences based on race, sex, age, national origin, etc., or verbal statements to the effect. All of these scenarios are direct violations of the Fair Housing Act.

If you suspect that your rights under the Fair Housing Act have been violated, the best strategy is to contact HUD. The statute of limitations on housing discrimination is one year. In other words, you have 12 months from the time of the alleged violation to file a complaint with HUD. After HUD has received your complaint, the agency will contact the individual (landlord, etc.) who allegedly practiced discrimination in your case, and offer him or her to submit a response to the allegation. HUD will investigate your case and determine whether further action is needed. Mediation and/or reconciliation is often the route of least resistance, and HUD will attempt to determine if that is possible in your case.

If reconciliation isn't an option, your case will be heard in a hearing within 120 days and tried by HUD attorneys (you will be notified). You are allowed to be present and are also allowed to seek representation by your own attorney of choice if you wish.