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

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.
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.
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.

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

Suggested Books for Further Studies

“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.
“The Fair Housing Act” by Robert G Scharff - Focuses on the comprehensive understanding of The Fair Housing Act.
“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

### What is the Fair Housing Act? - [ ] A law that regulates rental prices. - [ ] A guideline for construction of public housing. - [x] A federal law prohibiting housing discrimination. - [ ] A state law regarding landlord duties. > **Explanation:** The Fair Housing Act is a federal law that prohibits discrimination in housing on the basis of race, color, sex, religion, handicap, familial status, or national origin. ### What practice is considered steering under Fair Housing Laws? - [x] Guiding prospective buyers towards certain neighborhoods based on race. - [ ] Offering property discounts for timely payments. - [ ] Charging higher rent during peak seasons. - [ ] Requiring a higher security deposit. > **Explanation:** Steering is the practice where real estate brokers guide prospective home buyers towards or away from certain neighborhoods based on race or other protected characteristics, which is prohibited. ### Can a landlord legally refuse to rent to someone because they have children? - [ ] Yes, landlords can set any rules they want. - [x] No, this would be familial status discrimination. - [ ] Only if it is a single-family home. - [ ] If the rental is short-term only. > **Explanation:** Refusing to rent to someone because they have children constitutes familial status discrimination and is a violation of Fair Housing Law. ### Which law provides primary protection against housing discrimination? - [x] Fair Housing Act - [ ] Americans with Disabilities Act - [ ] The Equal Pay Act - [ ] Occupational Safety and Health Act > **Explanation:** The Fair Housing Act is the primary federal law providing protection against housing discrimination. ### What does the term "redlining" refer to in real estate? - [x] Denying services based on the area people live in. - [ ] Reducing property prices due to market conditions. - [ ] Setting up emergency response zones. - [ ] Zoning a locality for commercial use only. > **Explanation:** Redlining is a discriminatory practice where services (financial and others) are withheld from potential customers based on the area they live in, typically affecting minority neighborhoods. ### What is the role of the Department of Housing and Urban Development (HUD) in the context of Fair Housing Law? - [x] Enforcing the Fair Housing Act. - [ ] Providing mortgage loans. - [ ] Building new housing projects. - [ ] Setting rental rates. > **Explanation:** The Department of Housing and Urban Development (HUD) is responsible for enforcing the Fair Housing Act and investigating complaints of housing discrimination. ### Can a real estate advertisement specify a preference for tenants of a certain religion? - [ ] Yes, if it's on a small scale. - [ ] Only in certain states. - [x] No, that would violate Fair Housing Law. - [ ] If the advertisement is in a local newspaper. > **Explanation:** Specifying a preference for tenants of a certain religion would be considered religious discrimination and would violate Fair Housing Law. ### What are the potential consequences for violating the Fair Housing Act? - [ ] Only a warning letter. - [x] Fines and damages. - [ ] Changes to lease agreements. - [ ] Rental license suspension. > **Explanation:** Violating the Fair Housing Act can lead to penalties, including fines, damages to be paid to victims, and injunctive relief. ### What does "blockbusting" mean in the context of Fair Housing Law? - [ ] Limiting housing occupancy due to size. - [x] Manipulating homeowners to sell cheaply due to fear of demographic changes. - [ ] Clearing land for new construction. - [ ] Inflating property prices unnaturally. > **Explanation:** Blockbusting refers to convincing homeowners to sell property cheaply due to fear of demographic changes (like different race moving in), and then reselling it at a higher price, which is illegal. ### Does the Fair Housing Act apply to mortgage lending? - [x] Yes, it prohibits discrimination by lenders. - [ ] No, it only applies to rentals. - [ ] Only for government-backed loans. - [ ] Mostly not applicable to private lenders. > **Explanation:** The Fair Housing Act also applies to mortgage lending, prohibiting discrimination by lenders on the basis of protected characteristics.

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!