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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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