The Fair Housing Act-Things You Should Know

By: Annabelle Krieger
Submitted: 2008-08-28 16:09:40
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Legislated in 1968, the Fair Housing Act was approved to stop discriminatory housing practices based on race, color, religion, and national origin. The act was altered in 1974 to contain the prohibition of discrimination based on gender, and was changed yet again in 1988 to prohibit discrimination against individuals with disabilities and familial status, which addresses the presence of children younger than 18.
The Fair Housing Act addresses matter relevant to private housing, housing that benefits from federal financial aid, and state and local government housing. Those selling and renting homes may not discriminate or refuse housing to a buyer or renter based on their protected status, and cannot discriminate in financing, zoning practices, new construction design, or advertising.

Before the Fair Housing Act was signed into law, minority groups and other people with any of the qualities listed above could be discriminated against and restricted from desirable neighborhoods through tactics such as threats or coercion on the part of the landlord or seller. The Fair Housing Act has made this behavior illegal. Now, if you experience this type of discrimination, you have a system in place to exercise your rights. If a property owner does reject your application to buy or rent based upon ethnicity, nationality, or any of the qualities listed above, he or she is violating the Fair Housing Act. A landlord of an apartment complex cannot, for example, refuse to lease you an apartment because you have children or a disability. Additionally, the Fair Housing Acts makes it thoroughly illegal for there to be any type of intimidation. The one type of exemption to the Fair Housing Act is active-adult development. These types of subdivisions and retirement communities are allowed to specify that their residents be retirement age. A community cannot, however, mandate that all residents be married or single.

If you believe that your housing rights have been violated, you can file an administrative complaint with the U.S. Department of Housing and Urban Development (HUD), the governmental office that enforces the Fair Housing Act. HUD will then conduct a fair investigation of your position.

If HUD determines that your claims are verified, you may be entitled to acquire compensatory damage or punitive damage settlements, or the accused person or persons might be required to make immediate changes to his or her policies. If the case was related to the design and construction of a dwelling, HUD might also enforce remedies that include altering the house to comply with the Fair Housing Act's requirements.

The Fair Housing Act also allows for federal lawsuits by the U.S. Department of Justice, as well as private party lawsuits filed in federal or state courts. The enforcement authority given under the Act is broad, so most state and local fair housing agencies can also pursue violations and bring enforcement actions.

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