Housing Discrimination
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In 1968, Congress enacted Title VII of the Civil Rights Act of 1986, commonly known as the Fair Housing Act (FHA), to prohibit discrimination in the sale, rental, and financing of housing based on race, color, religion, gender, or national origin. In 1988, Congress amended the FHA to include protection for persons with disabilities and families with children, and to expand existing enforcement mechanisms. Nonetheless, despite the presence of a strong federal law and many state laws of substantial equivalency, housing discrimination continues to be a pervasive problem in the United States. Individual landlords, sellers, and lenders continue to discriminate at will, and systemic, discriminatory practices continue to occur through both governmental and private action. While lawsuits such as those brought by the Social Justice Law Collective and others are necessary and helpful, it is vital that those protected be aware of their rights, as well as the obligations of landlords, sellers, advertisers, developers, real estate agents and brokers, and others.
What Is Prohibited?
Regarding the sale or rental of housing, no one may take any of the following actions based on race, color, national origin, religion, gender, familial status, or disability:
- Refuse to rent or sell housing
- Refuse to negotiate for housing
- Make housing unavailable
- Set different terms, conditions or privileges for the sale or rental of a dwelling
- Provide different housing services or facilities
- Falsely deny that housing is available for inspection, sale or rental
Regarding mortgage lending, no one may take any of the following actions based on race, color, national origin, religion, gender, familial status, or disability:
- Refuse to make a mortgage loan
- Refuse to provide information regarding loans
- Impose different terms or conditions on a loan, including different interest rates, points, or fees
- Discriminate in the appraisal of property
- Refuse to purchase a loan
- Set different terms, conditions or privileges for purchasing a loan
Additionally, it is illegal for anyone to:
- Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or anyone assisting others who are exercising such rights
- Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, gender, familial status, or disability
- Refuse to let a disabled individual make reasonable modifications to their dwelling or common use areas, at their own expense, if necessary for the individual to use their housing
- Refuse to make reasonable accommodations in rules, policies, practices, or services if necessary for a disabled individual to use their housing
The attorney members of SJLC strongly believe that no one deserves to suffer the shame, humiliation, and economic hardships caused by the wrongful denial of a housing opportunity. The member attorneys of SJLC are dedicated to redressing the harms caused by discriminatory housing practices. We bring our cases not only to help make whole our clients, but also to help bring about a world free from such discriminatory acts.