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What Is Fair Housing Act And Who Is Protected Under This Act?

What Is Fair Housing Act And Who Is Protected Under This Act?

Amanda Byford
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What Is the Fair Housing Act?

In 1968 a federal law was enacted that prohibited discrimination in the purchase, sale, rental, or financing of housing based on race, skin color, sex, nationality, or religion, and it was called the Fair Housing Act.

Then the statute has been revised several times, to add disability and family status.

In some jurisdictions, the State and local laws may expand on these protections, but may not alternate or reduce them.

The Fair Housing Act is at times called Title VIII of the Civil Rights Act of 1968.

More About The Fair Housing Act

The primary enforcer of this Fair Housing Act is the U.S. Department of Housing and Urban Development (HUD). 

More details about what falls under discrimination as per the law, and how to proceed when a person feels that their inclusion in a protected class somehow negatively influenced a decision is all mentioned on HUD’s website.

The way for this legislation was paved by the Civil Rights Act of 1964. In direct response to the movement to end racial segregation and injustice in the 1950s and ’60s, Congress passed the Civil Rights Act.

Less than a week after the assassination of the Rev. Dr. Martin Luther King, Jr. The Fair Housing Act was passed by Congress and was one of three great parts of legislation passed during the Civil Rights Movement.

In 1974 for the protections of gender the federal government expanded the Fair Housing Act, and to protect families with children and people with disabilities 1988. 

Various state and local jurisdictions have added further specific protections for sexual orientation and other categories.

For example, In New York, a bank or landlord can’t inquire about a person’s criminal record, says a real-estate attorney in New York City, Damon P. Howard, who handles residential and commercial litigation. 

Howard adds New York City also prohibits discrimination on the basis of immigration status or lawful occupation. The prohibitions also extend to include wearing ethnic hairstyles, such as dreadlocks, and other attributes.

Fair Housing Act Enforcement

Under the Fair Housing Act, The U.S. Department of Justice (DOJ) may file a lawsuit against a defendant who is alleged to have been involved in a practice of discrimination or has discriminated against a set of people in a way that an issue of “general public importance” is raised. 

Courts said that the U.S. attorney general will decide what is a matter of “general public importance.”

The Justice Department can file suit under the Fair Housing Act if it involves discrimination in mortgage loans or home improvement loans, if they identified a pattern of discrimination or when a denial of rights to a group led to an issue of general public importance. 

The Department Of Justice can also institute criminal charges if force or threat of force is used to discriminate.

People can also file discrimination complaints with HUD, or lawsuits can be filed in federal or state court. On behalf of individuals, the DOJ files lawsuits based on referrals from HUD.

If somebody files a complaint with HUD, the agency is supposed to investigate in a timely manner. 

If the complaint can’t be resolved peacefully, then HUD has to decide if there’s reasonable cause to believe federal laws were violated. And if reasonable cause is identified by HUD, it prepares a Charge of Discrimination. 

Then in 30 days, either the person alleging the discrimination or the respondent can have the charge tried in federal court or in a HUD administrative law court.

Both the courts can order injunctive relief and issue written opinions, then according to the DOJ, any appeals of the decision can be made to the U.S. Court of Appeals.

Unless it is observable and obvious, proving housing discrimination, can be difficult and that requires collecting good evidence in the form of written records and documents say the Housing and civil rights attorneys. 

So individuals who feel that they have been a victim of discrimination can contact their local fair housing center or an attorney for guidance.

Additional fair housing protections that go beyond federal laws are provided by some states and local jurisdictions. 

For example, Along with all the protections of the federal Fair Housing Act, New York State Human Rights Law provides, and also affords protection against discrimination on the basis of creed, national origin, sexual orientation, gender identity or expression, military status, age, and or lawful source of income.

Across the United States have similar laws by other states and localities also.

Conclusion

The Fair Housing Act bans landlords, sellers, and lenders to prejudice against home renters and buyers on account of their race, color, religion, sexual orientation, nationality, disability, or family status.

The Dept. of Housing and Urban Development (HUD) enforces this Act at the federal level.

In spite of the law, in many places, housing discrimination continues and can be difficult to prove. To win a legal case requires proper documentation and patience.

Amanda Byford

Amanda Byford has bought and sold many houses in the past fifteen years and is actively managing an income property portfolio consisting of multi-family properties. During the buying and selling of these properties, she has gone through several different mortgage loan transactions. This experience and knowledge have helped her develop an avenue to guide consumers to their best available option by comparing lenders through the Compare Closing business.

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