What Is the Fair Housing Act?The Fair Housing Act is a federal law enacted in 1968 that prohibits discrimination in the purchase, sale, rental, or financing of housing—private or public—based on race, skin color, sex, nationality, or religion. The statute has been amended several times, including in 1988 to add disability and family status. State and local laws may expand on these protections in some jurisdictions, but may not detract from or reduce them. Show
The Fair Housing Act is also known as Title VIII of the Civil Rights Act of 1968. Key Takeaways
3 Most Important Factors In Buying A HomeUnderstanding the Fair Housing ActThe U.S. Department of Housing and Urban Development (HUD) is the primary enforcer of the Fair Housing Act. The HUD's website provides additional information about what constitutes discrimination under the law, and how to proceed if a person feels that their inclusion in a protected class somehow negatively influenced a decision. The Civil Rights Act of 1964 paved the way for this legislation. The Civil Rights Act was passed by Congress in direct response to the movement to end racial segregation and injustice in the 1950s and '60s. The Fair Housing Act was passed by Congress less than a week after the assassination of the Rev. Dr. Martin Luther King, Jr. and was the last of three great pieces of legislation enacted during the Civil Rights Movement. In 1974, the federal government expanded the Fair Housing Act to include protections for gender, and in 1988, to protect families with children and people with disabilities. Various state and local jurisdictions have added specific protections for sexual orientation and other categories. In New York, for instance, a bank or landlord can’t inquire about a person’s criminal record, says Damon P. Howard, a real-estate attorney in New York City who handles residential and commercial litigation. New York City also prohibits discrimination on the basis of immigration status or lawful occupation, Howard notes. Prohibitions on racial discrimination have been extended to include wearing ethnic hairstyles, such as dreadlocks, as well as other attributes. Examples of Housing DiscriminationHere are some examples of what may be considered illegal discrimination under the law:
Fair Housing Act EnforcementUnder the Fair Housing Act, the U.S. Department of Justice (DOJ) may file a lawsuit against a defendant who is alleged to have engaged in a "pattern or practice" of discrimination or discriminated against a group of people such that an issue of "general public importance" is raised. Courts have held that it is at the U.S. attorney general's discretion to decide what is a matter of "general public importance." In cases that involve discrimination in mortgage loans or home improvement loans, the Justice Department can file suit under the Fair Housing Act if there is a pattern or practice of discrimination or where a denial of rights to a group raises an issue of general public importance. The DOJ also can institute criminal charges if force or threat of force is used to discriminate. Individuals also can file discrimination complaints with HUD, or file a lawsuit in federal or state court. The DOJ files lawsuits on behalf of individuals based on referrals from HUD. If an individual files a complaint with HUD, the agency is supposed to investigate in a timely fashion. If the complaint can't be resolved through conciliation, HUD then decides whether there's reasonable cause to believe federal laws were violated. If HUD finds reasonable cause, it prepares a Charge of Discrimination. Within 30 days, either the person alleging the discrimination or the respondent can choose to have the charge tried in federal court or in a HUD administrative law court. Housing discrimination is illegal. If you think you've been discriminated against based on race, religion, sex, marital status, use of public assistance, national origin, disability, or age, there are steps you can take. One such step is to file a report to the Consumer Financial Protection Bureau (CFPB) or with HUD. Federal Court Trial vs. Administrative HearingIf the person filing the discrimination complaint chooses a federal court trial, they would be represented by DOJ attorneys and the case would be heard by a judge or a jury. Should the complainant win, they could receive both compensatory and punitive damages. Moreover, if the individual's complaint was part of a larger "pattern and practice" of discrimination, the DOJ could file broader charges seeking relief for other individuals who also were affected and go after civil penalties—a fine paid to the government. Alternatively, should the individual complainant seek an administrative hearing, HUD attorneys will represent them, and an administrative law judge will hear the matter. This usually takes less time than a federal court trial, but the complainant can only get compensatory damages and civil penalties if successful. No punitive damages can be awarded. Both types of courts can order injunctive relief and issue written opinions, and appeals of the decision can be made to the U.S. Court of Appeals, according to the DOJ. Individuals can also hire their own private attorneys to represent them. Special ConsiderationsHousing and civil rights attorneys say that proving housing discrimination, unless it is overt and obvious, can be difficult and that collecting good evidence in the form of written records and documents is helpful. They suggest that individuals who believe they have been a victim of discrimination contact their local fair housing center or an attorney for guidance. Some states and local jurisdictions provide additional fair housing protections that go beyond federal laws. For instance, New York State Human Rights Law provides all the protections of the federal Fair Housing Act, but also affords protection against discrimination on the basis of "creed...national origin, sexual orientation, gender identity or expression, military status, age ...lawful source of income." Who Does the Fair Housing Act Protect?The Fair Housing Act protects those who may be subject to discrimination due to their disabilities, race, color, familial status (single parents, for example) national origin, religion, and sex (including gender, gender identity, sexual orientation. Who Enforces the Fair Housing Act?Federal, state, and local jurisdictions protect those who believe they have been discriminated against by landlords or sellers. Lawyers can help guide those who want to bring a case of housing discrimination to the courts. When Did the Fair Housing Act Pass?The federal Fair Housing Act was passed by Congress soon after the assassination of the great civil rights leader, Rev. Dr. Martin Luther King. It was one of three pieces of important legislation enacted by Congress during the Civil Rights Movement. Which of the following is not a protected class under federal or Virginia fair housing laws?Race, color, religion, sex, handicap, familial status, national origin. Although some interest groups have tried to lobby to include sexual orientation and marital status, these aren't protected classes under the federal law, but are sometimes protected by certain local state fair housing laws. 4.
What is the purpose of federal and Virginia fair housing laws quizlet?T or F: The Virginia fair housing law prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, elderliness, familial status, or handicap.
What group does Indiana Civil Rights law add to the classes protected by federal fair housing and civil rights regulations?In addition to race, gender, and other classes protected by federal law, Indiana civil rights laws also prohibit discrimination on the basis of sexual orientation and ancestry.
|