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 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.
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
Where to Write or Call: Send the Housing Discrimination
Complaint Form or a letter to the HUD Office nearest you
or you may call that office directly.
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 - 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.
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