An Introduction to Fair Housing
The federal Fair Housing Act, which prohibits discrimination in the sale, rental and financing of housing, isn't difficult to understand, yet it's all too often misapplied or simply ignored by property owners and managers.
Federal law protects seven classes of homeowners, borrowers and renters. These "protected classes" are on the basis of race, color, national origin, religion, sex, familial status, and handicap or disability. The "familial status" class includes not only families, but also children younger than 18 who live with their parents, pregnant women, and people who are securing custody of children who are younger than 18, according to the U.S. Department of Housing and Urban Development, which is responsible for enforcement of federal fair housing laws.
State laws may add more protected classes (e.g., sexual orientation) to the federal list and may be more or less restrictive than federal laws are.
Generally, fair housing laws prohibit discrimination against prospective or current tenants on the basis of protected characteristics. In other words, it's illegal to refuse to rent to people or to treat them differently because they belong to a certain racial group, observe certain religious beliefs or have children in their household and so on.
There are some exemptions. For example, the federal Fair Housing 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," according to HUD's Web site. These exemptions involve very narrow applicability and strict rules, so it's always important to exercise caution and consult a qualified attorney for advice.
Housing discrimination complaints brought by people who have a disability outnumbered complaints that alleged racial discrimination for the first time in 2005. Forty percent of the complaints filed with HUD and state and local agencies alleged discrimination on the basis of a disability; 38 percent alleged discrimination on the basis of race, and 22 percent claimed that a housing provider refused to make a reasonable accommodation in rules or procedures to assist a disabled person, according to HUD.
Discrimination is a serious problem for disabled renters. HUD's assistant secretary for fair housing recently explained: "No one should be denied housing because they require a guide-dog, an assigned parking space or some other reasonable accommodation because of a disability."
HUD has posted a number of documents, aids and brochures on its Web site, www.hud.gov, to help housing providers comply with the law. The documents include a four-page memorandum about advertising guidelines, a 16-page booklet about fair housing, and a new 119-page report about the state of fair housing in the United States.
Other resources for more information about this issue include the National Fair Housing Alliance, www.nationalfairhousing.org, and in California, the Department of Fair Employment and Housing, www.dfeh.ca.gov.
Many real estate and apartment associations offer seminars and courses to educate their members about fair housing. Some of these organization also offer personalized legal advice to their members.
Fair housing is an important consideration in advertising as well. Many newspapers, especially big-city ones, have someone on staff who screens housing advertisements and helps advertisers comply with fair housing regulations.
Web sites that accept classified advertising are a different story. Some of them screen advertisements for fair housing compliance, but others do not. Exercise caution because the housing provider is responsible for compliance with the law, even if the Web site doesn't step up to support this responsibility.
Copyright 2006. Marcie Geffner. All rights reserved.
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