What is the Fair Housing Act?
The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Additional protections apply to federally-assisted housing.
Learn about the History of the Fair Housing Act, and read Examples of the many forms of housing discrimination.
Who is protected?
The Fair Housing Act prohibits discrimination in housing because of:
- Race
- Color
- National Origin
- Religion
- Sex (including gender identity and sexual orientation)
- Familial Status
- Disability
Home Buyers
As a buyer, it is within your rights to anticipate that housing will be accessible without discrimination or restrictions based on the abovementioned characteristics.
When it comes to lending, your qualification can only be assessed based on your objective financial characteristics. These may include factors such as your credit score and history and the amount of income and assets you have available for qualification purposes. Some specific laws may also apply depending on your particular circumstances.
Home Sellers
As a seller or landlord of a home, it is both your responsibility and a legal requirement to refrain from any discrimination in the financing, sale, or rental of your property based on protected characteristics, including race, color, religion, sex, handicap, familial status, or national origin.
Instructing your licensed broker or salesperson to limit the sale or rental on your behalf is not permissible, as these professionals are likewise obligated by law to avoid discrimination.
Under the law, a seller or landlord cannot impose discriminatory terms or conditions for renting or purchasing a property, falsely assert that the property is unavailable, or advertise the property as only accessible to individuals based on the characteristics listed above.
How to get help against Housing Discrimination?
What can home buyers do if they believe their housing rights have been violated? You can take several steps to seek help and protect your rights.
If you believe that you have been the victim of housing discrimination, you should first record the details of the discrimination thoroughly.
Lawyers advise that the most effective way to obtain the evidence required to build a case with local or state fair housing authorities or with the federal agency in charge of enforcing fair housing laws, the U.S. Department of Housing and Urban Development (HUD), is by carefully listening to brokers, agents, and lenders and taking detailed notes of the experience.
Moreover, if you suspect that you have been discriminated against based on your protected class, such as national origin, one effective method of proving it is to ask a friend who does not belong to that class to attempt the same action as you and keep a record of the outcome.
Contact a Fair Housing Organization
Many non-profit organizations throughout the United States are dedicated to combating housing discrimination and advocating for fair housing rights. These organizations can provide you with guidance, resources, and support to help you file a complaint and pursue legal action if necessary.
File a HUD Complaint
You can file a complaint with the U.S. Department of Housing and Urban Development (HUD). HUD investigates all housing discrimination complaints and may take legal action against landlords or other housing providers who violate fair housing laws.
Contact an Attorney
When considering legal action, you may consult with an attorney specializing in fair housing law. An attorney can advise you on your legal rights, help you navigate the complaint process, and represent you in court if necessary.
Source: Vaned