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Fair Housing

The Fair Housing Act of 1968 prohibits discrimination, publicly or privately, on the basis of race, religion, color, sex, and national origin.  Title VIII of the 1968 Civil Rights Act outlaws discrimination in both the sale and rental of real estate.

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Under Statute 3604 and 3605 of the Act, it is unlawful to:

  • refuse to sell or rent to an individual after a bona fide offer has been made, or to refuse to negotiate the sale or rental of, make unavailable, and/or deny a dwelling to anyone on the basis of race, color, religion, sex, and national origin
  • vary the terms, conditions, privileges, provision of services or facilities, etc. because of an individual's race, color, religion, sex, or national origin in the sale or rental of a dwelling
  • print, publish, make, or cause same to be made thereof, any notice, statement, or advertisement indicating or implying any preference, limitations, or discrimination, or any intention to make such with respect to race, color, religion, sex, or national origin
  • to falsely represent or make false statements relative to the availability of residential property for sale or rent
  • to induce or attempt to induce, for profit, any person to sell or rent any residential dwelling by representation regarding the entry of a person into a neighborhood
  • to preserve, encourage patterns of racial segregation, or "steer" a person or group of persons into or out of a particular neighborhood  
  • to vary the terms, conditions, or privileges of financing or "redlining"  
  • to deny access or refuse to admit any qualified person into a real estate organization engaged in the business of selling or renting of real estate such as the MLS, broker's organization, facility, etc. 

Related terms

Blockbusting:  describes the unscrupulous practice some real estate agents may use to scare homeowners into selling below fair  market value by telling or implying that a particular class or minority group of people may be moving into the neighborhood, aka "panic peddling". 

Steering:  the practice of encouraging patterns of racial or minority segregation by "steering" members of a racial group into or away from a building or neighborhood.

Redlining:  lender discrimination in certain neighborhoods based upon racial composition...this also applies to fixing the loan amount, interest rate, terms, duration, or other conditions.

Exemptions

The following exemptions may only be applicable under the Fair Housing Act of 1968.  The Civil Rights Act of 1866 is a statute without exemptions and an aggrieved party may still be able to pursue other legal or constitutional theories.  

The "personal" sale or rental of a single family dwelling by the owner under certain situations.  Note: The owner may sell to whomever he chooses however, he may not discriminate in advertising.

In small owner-occupied apartment buildings (less than 4 units), the owner may rent to whomever he desires.  Note: the owner must actually occupy and maintain one of the living quarters.

Religious organizations.  This is a limited exemption that allows religious organizations to rent or sell "non-commercial" property to persons of the same religion. 

Private Clubs:  Exempted when they provide  lodging or operate non-commercially,  as an incident to their primary purpose, to their own members.  Private clubs do not qualify if they are open to the public. 

Enforcement

  • May be enforced by either individual or agency action.
  • The Dept. of Housing & Urban Development (HUD) is the delegated enforcement authority.
  • A state fair housing agency can also enforce policy if the agency has an equivalent law to the federal statute.

Persons discriminated against can recover actual damages, attorney fees, punitive damages, and other compensation for mental anguish, inconvenience, humiliation, etc.
 

 

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