Fair Housing Act
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, 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.
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
Elizabeth M. Parinas
Realtor
ABR,
CRS, e-PRO,
GRI,
SRES
Coldwell Banker Pacific
Properties, Ltd.
Direct Line: 808 484-3732
Office: 808 488-1991
Cellular: 808 782-7534
Fax: 808 486-6627
Email: eparinas@aol.com
