WHAT YOU NEED TO KNOW ABOUT THE FAIR HOUSING ACT
This significant law was enacted half a century ago. Here's what you need to know about your rights and how to safeguard them.
In your recent search for a new home, you've probably come across the Equal Housing Opportunity logo (a house with an equal sign inside it) on various documents from landlords, real estate agents, or lenders.
However, the Fair Housing Act is not just a symbol. It's a U.S. federal law that aims to shield renters and buyers from discrimination.
Here are some essential points about the Fair Housing Act that you should know when you’re looking for a new place to call home.
Understanding the Fair Housing Act
Sometimes referred to as the Civil Rights Act of 1968, the Fair Housing Act became law just days after the assassination of Martin Luther King Jr., who had been a long-time advocate for the act. The legislation was signed into law by President Lyndon B. Johnson.
The law bans housing discrimination based on race, color, religion, national origin, sex, disability, and familial status. The protections for sex were added in 1974, while disability and familial status were included in 1988.
When the act was enacted, blatant housing discrimination was rampant across the country, including failed attempts to segregate neighborhoods and the outright rejection of qualified renters based on their race and other factors.
Today, though less apparent, discrimination in the housing market remains a regrettable truth.
As reported by the National Fair Housing Alliance (NFHA), in 2017 alone, over 25,000 housing discrimination complaints were lodged with the federal government and local and national fair housing agencies. The majority of these complaints were disability-related, at 50%, followed by race at 20%.
However, these figures only represent reported cases. The NFHA estimates that over 4 million instances of housing discrimination occur every year, but many victims either don’t realize they’ve been discriminated against or don’t know how to react when it happens.
Recognizing Housing Discrimination
The majority of individuals you'll encounter in your home search, including real estate agents, sellers, landlords, property management companies, and lenders, must comply with the Fair Housing Act. They are also subject to additional state and local laws, depending on where you live or plan to move.
Fair Housing Act violations can happen at any stage of the home buying or renting process, including during advertising, searching, applying, financing, credit checks, and even eviction proceedings.
Here are some instances of discrimination individuals in protected classes have faced:
- A real estate agent attempts to "steer" a buyer away from a particular neighborhood.
- A landlord falsely claims a rental unit has been let to avoid renting to a certain individual.
- A property management company refuses to rent to a family with children or demands a higher deposit.
- A landlord evicts a tenant of color for a reason they wouldn't evict a white tenant.
- A mortgage broker asks an immigrant couple for excessive documentation that they wouldn't request from other buyers.
- A lender charges a single woman a higher interest rate than her credit score warrants.
- A landlord refuses to make reasonable adjustments for a tenant with a disability.
What to Do If You’ve Faced Discrimination
If you've experienced discrimination in any of the ways listed above, or if you suspect other actions by a property manager, landlord, real estate agent, broker, or lender may be discriminatory, you have several resources at your disposal.
- File a report: Submit a complaint with the Department of Housing and Urban Development (HUD) at HUD.gov. You can also lodge a complaint with local housing resources found through the NFHA.
- Get more info from local housing agencies: You can find a list of local housing counselors at HUD.gov. These agencies provide home buyer education workshops, pre-purchase counseling, and rental housing assistance, in addition to answering questions about discrimination claims.
- Talk to an attorney: As with any other legal matter, consulting a lawyer is advisable when pursuing a complaint under the Fair Housing Act.
- Find trustworthy professionals: If you've experienced housing discrimination from your real estate agent, mortgage broker, or lender, it's time to find a new professional to assist you in your home search. Ask for referrals from friends, family, and colleagues who they know and trust. Remember, these real estate professionals work for you, and their primary concern should be finding the home that fits your needs.
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(585) 233-6740
CALL US:
(585) 400-4000
FIND US:
2349 MONROE AVE
ROCHESTER, NY 14618