fair housing act (fha) prohibits discrimination on the basis of: racerace colorcolor...
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Fair Housing Act (FHA)Fair Housing Act (FHA)
Prohibits discrimination on the basis of:Prohibits discrimination on the basis of:• racerace• colorcolor• religionreligion• sexsex• disabilitydisability• familial statusfamilial status• national originnational origin
Who is NOT protected?Who is NOT protected?
AgeAge Marital StatusMarital Status Sexual OrientationSexual Orientation Source of IncomeSource of Income
State or local law may prevent State or local law may prevent discrimination on these groundsdiscrimination on these grounds
FHA Covers “Dwellings”FHA Covers “Dwellings”
• houses and townhouseshouses and townhouses• apartments and condominiumsapartments and condominiums• student housingstudent housing• homeless shelters (even if stays are short-term)homeless shelters (even if stays are short-term)• vacation time shares (even if stays are part-time)vacation time shares (even if stays are part-time)
NotNot covered by FHA: covered by FHA:• hotels and other places of “temporary sojourn”hotels and other places of “temporary sojourn”
FHA ProhibitsFHA Prohibits
• Refusing to sell or rent after making bona fide offerRefusing to sell or rent after making bona fide offer
• Refusing to negotiate for sale or rental of dwellingRefusing to negotiate for sale or rental of dwelling
• Making unavailable or denying a dwellingMaking unavailable or denying a dwelling
• Discriminating in “terms, conditions, or privileges” of Discriminating in “terms, conditions, or privileges” of sale or rental, or “in the provision of services or sale or rental, or “in the provision of services or facilities”facilities”
• Making, printing, or publishing a statement or Making, printing, or publishing a statement or advertisement indicating a preference or limitationadvertisement indicating a preference or limitation
FHA Prohibits (cont’d.)FHA Prohibits (cont’d.)
• Representing that a dwelling is not available Representing that a dwelling is not available when in fact it iswhen in fact it is
• Discriminating in residential real estate-related Discriminating in residential real estate-related transactions or in the terms or conditions of such transactions or in the terms or conditions of such transactionstransactions
• Intimidating, threatening, or interfering with any Intimidating, threatening, or interfering with any person for exercising her/his housing rightsperson for exercising her/his housing rights
• Criminal threats, use of force, intimidation or Criminal threats, use of force, intimidation or interferenceinterference
RetaliationRetaliation
The FHA also prevents retaliation for The FHA also prevents retaliation for exercising FHA rights.exercising FHA rights.
Example: retaliation for advising someone Example: retaliation for advising someone how to file a Fair Housing Claimhow to file a Fair Housing Claim
““Making Unavailable or Denying”Making Unavailable or Denying”
Homeowner refuses to rent or sell to an African-AmericanHomeowner refuses to rent or sell to an African-American
Landlord establishes a “no kids” policy at an apartment Landlord establishes a “no kids” policy at an apartment complex not specifically designed for older personscomplex not specifically designed for older persons
Town enacts or enforces zoning code to prevent group Town enacts or enforces zoning code to prevent group home for persons in recovery from alcohol or illegal home for persons in recovery from alcohol or illegal drugs because of the residents’ disabilitydrugs because of the residents’ disability
Architect and developer design and construct multi-family Architect and developer design and construct multi-family housing without certain accessible featureshousing without certain accessible features
Landlord demands sexual favors before agreeing to rent Landlord demands sexual favors before agreeing to rent apartmentapartment
Sex Discrimination includes Sex Discrimination includes Sexual HarassmentSexual Harassment
““Quid Pro Quo”Quid Pro Quo”– Special this month – 50% off the rent for sex Special this month – 50% off the rent for sex
with the landlordwith the landlord ““Hostile Environment” – persistent physical Hostile Environment” – persistent physical
and/or verbal unwelcome sexual advancesand/or verbal unwelcome sexual advances– Would a reasonable person be offended?Would a reasonable person be offended?
““Terms, Conditions, or Privileges”Terms, Conditions, or Privileges”
Landlord forces Hispanic renters to transfer to less desirable Landlord forces Hispanic renters to transfer to less desirable apartments or buildings to make room for non-Hispanic apartments or buildings to make room for non-Hispanic rentersrenters
Landlord charges families with children higher rentLandlord charges families with children higher rent
Homeowners association allows ornaments on doors for Homeowners association allows ornaments on doors for some religions but not otherssome religions but not others
Rental agent offers to waive security deposit for white “tester” Rental agent offers to waive security deposit for white “tester” but not for black “tester”but not for black “tester”
Landlord refuses to designate a parking spot for a resident Landlord refuses to designate a parking spot for a resident who requests a “reasonable accommodation” because of a who requests a “reasonable accommodation” because of a disabilitydisability
Special Disability ProvisionsSpecial Disability Provisions
Landlords/Condo Associations must permit Landlords/Condo Associations must permit an individual with a disability, at his or her an individual with a disability, at his or her own expense, to make physical own expense, to make physical modifications to the premises.modifications to the premises.
Must make reasonable accommodations in Must make reasonable accommodations in rules, policies, practices or services to rules, policies, practices or services to afford a person with a disability equal afford a person with a disability equal opportunity to use and enjoy a dwelling.opportunity to use and enjoy a dwelling.
ExamplesExamples
Refusal to rent to someone with a service Refusal to rent to someone with a service animal due to a no pet policyanimal due to a no pet policy
Refusal to designate a suitable parking Refusal to designate a suitable parking space for a resident with a disabilityspace for a resident with a disability
Dwellings built after 1991 with four or Dwellings built after 1991 with four or more units must have elevators or more units must have elevators or accessible ground floor units. accessible ground floor units.
What to do if you believe you or someone What to do if you believe you or someone you know is a victim of discriminationyou know is a victim of discrimination
File a lawsuit File a lawsuit within 2 yearswithin 2 years after the occurrence or after the occurrence or termination of the alleged discriminatory acttermination of the alleged discriminatory act
File a complaint File a complaint within 1 yearwithin 1 year with HUD or equivalent with HUD or equivalent state agencystate agency
If possible criminal conduct, call local law enforcement If possible criminal conduct, call local law enforcement immediatelyimmediately
If you’re not sure whether there is a violation, call HUDIf you’re not sure whether there is a violation, call HUD
HUD’s RoleHUD’s Role
Receives individual complaints of housing discriminationReceives individual complaints of housing discrimination
Investigates and attempts to conciliate complaintsInvestigates and attempts to conciliate complaints
Refers pattern or practice cases and land use or zoning Refers pattern or practice cases and land use or zoning cases to DOJcases to DOJ
May issue a “charge” of discrimination if “reasonable cause” May issue a “charge” of discrimination if “reasonable cause” to believe discrimination occurredto believe discrimination occurred
Hearing before administrative law judge unless complainant Hearing before administrative law judge unless complainant or respondent files notice of “election”or respondent files notice of “election”
If no “election,” HUD represents complainant in If no “election,” HUD represents complainant in administrative proceedingsadministrative proceedings
HOW DOJ Gets Involved in Enforcing HOW DOJ Gets Involved in Enforcing Fair Housing ActFair Housing Act
Files “election” cases from HUD; acts on behalf Files “election” cases from HUD; acts on behalf of complainant (who may intervene in suit)of complainant (who may intervene in suit)
Investigates other HUD referrals for possible Investigates other HUD referrals for possible enforcement actionenforcement action
Independent authority to initiate lawsuits Independent authority to initiate lawsuits allegingalleging• ““pattern or practice” of discriminationpattern or practice” of discrimination• denial of rights to group of personsdenial of rights to group of persons
that raises issue of “general publicthat raises issue of “general publicimportance”importance”
DOJ Enforcement Activities: RemediesDOJ Enforcement Activities: Remedies
Injunctive relief (prevention and correction)Injunctive relief (prevention and correction)
Monetary damages for aggrieved personsMonetary damages for aggrieved persons
includes emotional distressincludes emotional distress
Civil penalties (55K for the first violation)Civil penalties (55K for the first violation)
Additional Sources of InformationAdditional Sources of Information
Department of Justice, Civil Rights DivisionDepartment of Justice, Civil Rights Division
www.usdoj.gov/fairhousing
www.usdoj.gov/crt
Housing Discrimination Tip LineHousing Discrimination Tip Line
800-896-7743800-896-7743
RESOURCESRESOURCES
www.usdoj.gov/fairhousing
202- 514-4713 or 800-896-7743