You may have heard the term "fair housing", but what does it mean? What are your rights as a renter or homeowner, and can you defend yourself if your rights have been violated?
The Fair Housing Act is enforced by the U.S. Department of Housing and Urban Development. It bars discriminatory practices in housing related to race, color, national origin, religion, sex, handicap or familial status. It includes pregnant women and those with children under the age of 18.
The Fair Housing Act doesn't just apply to apartment buildings. It applies to the majority of housing in the United States. There are some exceptions, such as single family homes sold or rented without a broker, private clubs that practice member-only policies, housing owned and operated by an organization and owner-occupied buildings with less than four units.
The Fair Housing Act outlines several practices that are prohibited in the sale and rental of housing. They include: the persuasion of owners to rent or sale, the setting of different conditions, the refusal to negotiate, rent or sell housing, providing different facilities or services to specific groups or individuals, the false statement that the property is no longer on the market and the denial of membership to any group or individual when it comes to a housing-related facility and/or service.
The scary thing is that there are numerous arrests and fines instituted each year for violations of the Fair Housing Act.
The act also protects you from discriminatory mortgage lending practices, including: refusal to provide loan information, refusal to issue a mortgage loan, the institution of different loan terms for different groups or individuals, discrimination in the appraisal of property, refusal to purchase a loan and the establishment of different terms for loan purchases.
Disabled citizens are protected under the Fair Housing Act. The term "disabled" includes those who are physically or mentally disabled, including hearing or visual loss, AIDS, mental retardation, mental illness, alcoholism and various physical and mobility challenges.
What is an outright violation of a disabled person's rights? Examples include the refusal to rent or sell a property, refusal to make changes to a property and refusal to accept seeing-eye dogs on the property.
According to HUD, buildings constructed after March 31, 1991 with more than four units and an elevator must give disabled tenants reserved parking if requested, common areas accessible to the disabled, doors and entryways large enough to accommodate wheelchairs, electrical components within reach of a wheelchair, bathroom walls sturdy enough for grip bars and kitchens and appliances accessible to wheelchair tenants.
The interpretation of sexism, racism, ageism or other prejudices is subjective. In extreme cases, there may be outright threats or intimidation. At the worst, advertisements or statements could promote preferences based on race, sex, age, national origin or other factors. This is a direct violation of the Fair Housing Act.
If you suspect that your rights have been violated, the best strategy is to contact HUD. You have one year to file a complaint. You can call the agency's hotline at (800) 669-9777. The agency will then contact the individual who allegedly was discriminatory, and offer him or her to submit a response. HUD will investigate the case and determine the next steps of action. Mediation is often the route of least resistance.
Your case could be heard within 120 days and tried by HUD attorneys. You are allowed to be present with your own attorney representation. If you win the case, you can seek the housing you were denied, or you could be financially compensated. The guilty party may have to pay attorneys' fees, and even up to a $50,000 government fine.
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