One of the most critical real estate and property management laws in the United States is the Fair Housing Act, established in 1968. It is the core of the Civil Rights Legislation in the United States, and its goal is to eliminate discrimination in selecting tenants and in other housing-related activities like buying, selling, and renting homes. It protects against discrimination in finding tenants based on race, color, religion, sex, national origin, familial status, or disability. It is part of the Civil Rights Act of 1968 and ensures everyone has equal access to housing opportunities. 

Understanding the Fair Housing Act 

The US Department of Housing and Urban Development (HUD) enforces the Fair Housing Act. It prohibits various forms of discrimination in housing transactions. Today, the act has been expanded to include protections against discrimination based on gender and protections for families, children, and people with disabilities. There are other added protections to the law as well, according to some states and local jurisdictions, and those refer to sexual orientation, general identity, and lawful source of income. 

How the Fair Housing Act Works

The Fair Housing Act includes different housing types, such as homes for rental use, homes for sale, public housing, and government-assisted housing. There are exceptions, too. For example, the Fair Housing Act does not apply to owners of occupied buildings with no more than four units, single-family or rentals without an agent, and housing operated by religious organizations or private clubs that limit occupancy to their members. 

Here is how the act prohibits discrimination: 

• Refusing to sell or rent housing 
• Setting different terms, conditions, or privileges for sale or rental 
• Falsely, the nine that housing is available 
• Providing different housing services or facilities 
• Discriminating in mortgage lending 

Examples of How Housing Discrimination 

Now, let’s examine how discrimination can be identified so that individuals can recognize and report it. 

Rental Discrimination

It occurs when a landlord tells prospective tenants the apartment is available. Still, when they meet in person and see the applicant’s race, they falsely claim that the apartment has been rented. 

Sales Discrimination 

When a real estate agent doesn’t want to show homes in specific neighborhoods to a buyer based on their ethnicity or religion.

Advertising Discrimination 

When a homeowner advertises a property with the statement that excludes families with young children. 

Lending Discrimination 

When a mortgage lender offers a higher interest rate to a borrower if the neighborhood is predominantly black in comparison to a borrower in a predominantly white area. 

Accessibility Discrimination 

When a new apartment complex does not include necessary accessibility features for disabled individuals. 

Filing a Complaint 

If you suspect a discriminatory act has been committed against you or a person close to you while buying or renting a place, you can file a complaint with HUD. The process involves providing your contact information, details of the alleged discrimination, and any relevant documentation. This complaint can be filed online by email or via phone. HUD will investigate the complaint and take appropriate action if this formulation is confirmed. 

Enforcement of the Fair Housing Act 

When there is a complaint of discrimination, HUD takes over and attempts to resolve it through reconciliation. If that doesn’t work, HUD issues a charge of discrimination, which can be addressed in a federal court or a HUD administrative law court. The United States Department of Justice can also file lawsuits of “pattern or practice” discrimination or issues of “general public importance.” 

How Property Managers Can Help 

Property managers are crucial in ensuring landlords comply with the Fair Housing Act. 

• They can prevent discrimination by implementing fair housing policies and training staff to understand and abide by them. Here is how.
• They can have regular training sessions on how fair housing laws work for all staff members. 
• They can develop clear written policies highlighting fair treatment and equal opportunity for all applicants and tenants. 
• They can use consistent criteria for tenant screening 
• They can ensure timeline equal response for maintenance and repairs 
• They can create inclusive and non-discriminatory advertisements for rental properties 
• They can make the necessary modifications to ensure properties are accessible to individuals with disabilities. 

Recent Development 

Recently, efforts have been made to strengthen the Fair Housing Act. In 2023, a new extension to the law was introduced to include sources of income and veterans status. The goal is to prevent discrimination against individuals using housing vouchers for other legal income sources. 

Conclusion 

The Fair Housing Act is a critical piece of legislation that ensures equal access to housing for all individuals. Although it has been modified over the years, its ultimate goal is eliminating discrimination. All people involved in the process must comply with and proactively adhere to the fair housing laws.

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