Fair Housing Law

Definition

Fair Housing Law refers to legislation that is primarily provided under the Fair Housing Act (Title VIII of the Civil Rights Act of 1968). It is designed to protect individuals from discrimination when they are buying or renting a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. Specifically, it outlaws discrimination on the basis of race, color, sex, religion, handicap, familial status, or national origin.

Examples

1. Buying a Home: A homeowner refuses to sell their property to someone of a different race. This action would be a clear violation of Fair Housing Law.
2. Renting an Apartment: A landlord denies housing to a family because they have children. This would constitute discrimination based on familial status and is prohibited under Fair Housing Law.
3. Advertising Housing: A real estate agency posts an advertisement stating that they only rent to females. This would be considered gender discrimination under Fair Housing Law.

Frequently Asked Questions (FAQs)

What is prohibited under the Fair Housing Law?

The Fair Housing Law prohibits discrimination in the sale, rental, and financing of dwellings. Specific inclusions are unfair treatment due to race, color, sex, religion, handicap (disability), familial status, or national origin.

Does Fair Housing Law apply to advertising?

Yes, it is illegal to make, print, or publish any notice, statement, or advertisement that indicates a preference, limitation, or discrimination based on protected characteristics.

What happens if someone is found violating the Fair Housing Law?

If a violation is found, the responsible party could face penalties which may include fines, damages to be paid to victims, and injunctive relief (an order to stop or start doing something).

Are there exceptions to the Fair Housing Law?

A few limited exemptions exist, such as for owner-occupied buildings with no more than four units and single-family homes sold or rented without the use of a broker, under certain conditions.

Related Terms

• Steering: The practice by real estate brokers guiding prospective home buyers towards or away from certain neighborhoods based on race or other protected characteristics, which is prohibited under the Fair Housing Act.
• Redlining: A discriminatory practice where services (financial and otherwise) are withheld from potential customers based upon the area they live in, typically affecting minority communities.
• Blockbusting: The practice of persuading homeowners to sell property cheaply because of the fear of people of another race or class moving into the neighborhood, and then selling the property at a higher price.

Online References

1. U.S. Department of Housing and Urban Development (HUD) - Fair Housing Laws
2. Americans with Disabilities Act (ADA) and Fair Housing Act
3. National Fair Housing Alliance (NFHA)

Suggested Books for Further Studies

1. “Fair Housing Law and Other Federal Civil Rights Laws” by Wayne David Collins - A detailed exploration of fair housing legislation and related civil rights laws.
2. “The Fair Housing Act” by Robert G Scharff - Focuses on the comprehensive understanding of The Fair Housing Act.
3. “Housing Discrimination Law and Litigation” by Robert G Scharff and Alphonse Polimeni - This book covers legal aspects and litigation connected with housing discrimination.

Fundamentals of Fair Housing Law: Real Estate Basics Quiz

Thank you for studying the intricacies of Fair Housing Law. Completing these quizzes will help solidify your understanding and prepare you for real-world applications!