Wednesday, July 23

Real Estate FAQs

Housing Discrimination

Housing Discrimination FAQ

What types of housing discrimination are illegal?
The federal Fair Housing Act and Fair Housing Amendments Act (42 U.S. Code §§ 3601-3619, 3631) prohibit landlords from choosing tenants on the basis of a group characteristic such as:

-race
-religion
-ethnic background or national origin
-sex
-age
-the fact that the prospective tenant has children (except in certain designated senior housing), or a mental or physical disability.

In addition, some state and local laws prohibit discrimination based on a person's marital status or sexual orientation.

On the other hand, landlords are allowed to select tenants using criteria that are based on valid business reasons, such as requiring a minimum income or positive references from previous landlords, as long as these standards are applied equally to all tenants.

What are examples of housing discrimination?
The Fair Housing Act and Amendments prohibit landlords from taking any of the following actions based on race, religion or any other protected category:

- advertising or making any statement that indicates a preference based on group characteristic, such as skin color
- falsely denying that a rental unit is available
- setting more restrictive standards, such as higher income, for certain tenants
- refusing to rent to members of certain groups
- refusing to accommodate the needs of disabled tenants, such as allowing a guide dog, hearing dog or service dog
- setting different terms for some tenants, such as adopting an inconsistent policy of responding to late rent payments, or
- terminating a tenancy for a discriminatory reason.

How does a tenant file a discrimination complaint?
A tenant who thinks that a landlord has broken a federal fair housing law should contact the U.S. Department of Housing and Urban Development (HUD), the agency which enforces the Fair Housing Act. To find the nearest office, call HUD's Fair Housing Information Clearinghouse at (800) 343-3442, or check the HUD website at www.hud.gov. HUD will provide a complaint form and will investigate and decide the merits of the claim. A tenant must file his or her complaint within one year of the alleged discriminatory act. HUD will typically appoint a mediator to negotiate with the landlord and reach a settlement (called a "conciliation"). If a settlement can't be reached, the fair housing agency will hold an administrative hearing to determine whether discrimination has occurred.

If the discrimination is a violation of a state fair housing law, the tenant may file a complaint with the state agency in charge of enforcing the law. In California, for example, the Department of Fair Employment and Housing enforces the state's two fair housing laws.

Also, instead of filing a complaint with HUD or a state agency, tenants may file lawsuits directly in federal or state court. If a state or federal court or housing agency finds that discrimination has taken place, a tenant may be awarded damages, including any higher rent he or she had to pay as a result of being turned down, and damages for humiliation or emotional distress.