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Fair Housing: What Does it Really Mean?
The term "fair housing" is used often, but what does it really mean? What
are your rights as a prospective renter or homeowner, and can you
defend yourself if you believe those rights have been violated?
The Fair Housing Act, enforced by the U.S.
Department of Housing and Urban Development, bars discriminatory
practices in housing related to race, color, national origin, religion,
sex, handicap or familial status, including pregnant women, people securing
the custody of children under the age of 18, and children under the age of
18 who are living either with parents or legal custodians.
Contrary to what you might believe, the Fair Housing Act applies to the
majority of housing in the United States -- not just multifamily units.
There are some occasional exceptions, including single-family homes either
sold or rented without the services of a broker; private clubs that
practice members-only policies; housing owned and operated by an
organization or organizations; and "owner-occupied" buildings with no more
than four units.
The Fair Housing Act specifically outlines the practices it prohibits in
the sale and rental of housing. They include (based on the above-mentioned
criteria of race, color, national origin, religion, sex, handicap and/or
familial status): the persuasion of owners to rent or sell (called
"blockbusting"); setting different conditions, offering special "breaks" or
terms for the rental or sale of housing; the refusal to negotiate, rent or
sell housing; providing alternative or different housing facilities or
services to specific groups or individuals based on the above criteria; the
false statement that housing is unavailable for viewing, rental or sale
(including the false claim that the house in question has already been
rented or bought when it hasn't); and the denial of membership (to a
housing-related facility and/or service) to any group or individual.
If all of this sounds very backwards, it is. Even scarier, these schemes
continue to be practiced to the point where numerous arrests and fines are
instituted each year, making the Fair Housing Act a rather unfortunate but
effective necessity.
The act also protects citizens from discriminatory mortgage lending
practices, including the refusal to provide information about available
loans; refusal to issue a mortgage loan; the institution of different loan
terms or conditions for different groups or individuals; discrimination in
the appraisal of property; the refusal to purchase a loan; and the
establishment of alternate or different terms for loan purchase.
Disabled citizens also are protected under the Fair Housing Act. Under the
law, "disabled" includes those who have either a physical or mental
disability, which includes hearing or visual loss, AIDS, mental
retardation, mental illness, alcoholism and various physical and mobility
challenges. What is considered an outright violation of a disabled person's
rights under the act? In addition to the obvious example (refusing to rent
or sell a property based solely on one's disability), other violations
include a landlord's refusal to make small changes to your property (the
addition of a railing in your bathroom, for example) or the common areas
surrounding your property (the building of a ramp, for example). Many blind
prospective homeowners don't realize that seeing-eye dogs are an exception
to "no pets" policies in apartment complexes, and denying a prospective
resident the right to rent based on his or her possession of a seeing-eye
dog is a violation of the act.
According to HUD, landlords of buildings constructed after March 31, 1991,
(note: these rules apply to buildings with four or more units and an
elevator) must give disabled tenants reserved parking near their units if
requested; must make all common areas accessible to the disabled; must make
all doors and entryways wide enough to accommodate wheelchairs; make light
switches, thermostats and electrical outlets accessible to wheelchair-bound
tenants; make bathroom walls sturdy enough to accommodate the installation
of grip bars if necessary; and make kitchens and their appliances
accessible to wheelchair-bound tenants.
Interpretation of sexism, racism, ageism or other prejudice is sometimes
subjective. In the extreme cases, it may include outright threats or
intimidation of your attempt to protect your own rights under the Fair
Housing Law. At its worst, it could include advertisements or other written
materials that promote preferences based on race, sex, age, national
origin, etc., or verbal statements to the effect. All of these scenarios
are direct violations of the Fair Housing Act.
If you suspect that your rights under the Fair Housing Act have been
violated, the best strategy is to contact HUD. The statute of limitations
on housing discrimination is one year. In other words, you have 12 months
from the time of the alleged violation to file a complaint with HUD. You
can call the agency's hotline - (800) 669-9777; hearing impaired citizens may
call 800-927-9275) - write a letter or head to the organization's Web site
(www.hud.gov). After HUD has received your
complaint, the agency will contact the individual (landlord, etc.) who
allegedly practiced
discrimination in your case, and offer him or her to submit a response to
the allegation. HUD will investigate your case and determine whether
further action is needed. Mediation and/or reconciliation is often the route
of least resistance, and HUD will attempt to determine if that is possible
in your case.
If reconciliation isn't an option, your case will be heard in a hearing
within 120 days and tried by HUD attorneys (you will be notified). You are
allowed to be present and are also allowed to seek representation by your
own attorney of choice if you wish.
If you win your case, you'll have the opportunity to seek the housing you
were initially denied, or you might receive financial compensation. The
guilty party may be required to pay attorneys' fees, or in the worst-case
scenario, to pay the federal government a fine of up to $50,000.
For more information about the Fair Housing Act as well as the latest news
on fair housing, head to the above-mentioned HUD Web site.
Written by Courtney Ronan
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