An Overview of Fair Housing
Title VIII of the Civil Rights Act of 1968 is otherwise known as the Fair Housing Act. It states that you cannot be discriminated against in any type of housing related transaction because of your Race, Gender, Religion, National Origin or Color. This Act was amended in 1988 to include Familial Status (i.e. the presence of children under the age of 18 in a family) and Handicap.
In the State of Pennsylvania, the Human Relations Act also includes the protected class of Age (for those over 40). In this area, the City of Lancaster also has local coverage and includes sexual orientation. It is wise to determine if your state or locality has its own Human Relations Act that includes different protected classes.
What Housing is covered?
All dwellings are covered by the act when they are owned by private persons and a real estate broker is used, and all single-family homes owned by corporations or partnerships regardless of whether a broker is used. All multifamily dwellings are covered by the Act, including townhouse and condominium communities, all shared living situations to include group homes and college dorms and shelters. There are two exceptions to this rule.
The first is called the “Mrs. Murphy’s exemption.” This exemption states that if the dwelling has four or less units and the owner lives in one of the units, it is exempt from the Fair Housing Act.
The second is for qualified senior housing which is exempt only from the Familial Status provision of the act. To be a qualified senior community you must meet the following standards: Either 100% of the community is 62 or older, or 80% of the households have at least one resident 55 or older. None of this housing is exempt from section 804(c) of the Act which states that you cannot make, print or publish a discriminatory statement. Any exempt housing that violates 804(c) has lost that exemption and can be held liable under the Act.
Under the Fair Housing Act, it is against the law to discriminate based on race, color, religion, national origin, sex, handicap/disability or familial status. It is unlawful to:
- Refuse to rent or sell housing
- Refuse to negotiate for housing
- Make housing unavailable or deny that housing is available
- Set different terms, conditions or privileges for the sale or rental of housing
- Advertise in a discriminatory way
- Blockbusting — persuade owners to sell or rent by telling them that minority groups are moving into the neighborhood
- Deny or make different terms or conditions for a mortgage, home loan, home insurance, or other real estate related transaction
- Threaten, coerce or intimidate anyone exercising a fair housing right or assisting others in exercising those rights
Fair Housing Resources
- PHRC-Fair Housing
- Advertising Guidelines
- Internet Advertising Guidelines
- Occupants in a Household
- New Construction Accessibility Guidelines
- Joint statement of the Department of Housing and Urban Development and Department of Justice Accessibility (design and construction) requirements for covered multifamily dwellings under the fair housing act
- Fair Housing Accessibility First
- Rental Housing
- The Housing for Older Persons Act
- Implementation of the Housing for Older Persons Act of 1995: Final Rule
- Conversion to Housing for Older Persons Under the Fair Housing Act
- HUD and DOJ Issue Joint Statement Clarifying Reasonable Accommodations Under the Fair Housing Act
- Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs
- FN 124.2 HUD Clarifies Definition of Assistance Animals in FHA & Section 504 – Hous. L. Bull
- Housing Protections for survivors of violence
Read the Guidelines for Accessibility as published in the Federal Register Online
Get more information on the Design & Construction Requirements under the Fair Housing Act