Fair Housing

The Fair Housing Act: A Cornerstone of Housing Equality

The Fair Housing Act (FHA), enacted as Title VIII of the Civil Rights Act of 1968, is a landmark piece of legislation in the United States that aims to eliminate housing discrimination and promote equal opportunity in housing markets. Signed into law by President Lyndon B. Johnson, the FHA was a response to systemic racial injustices and inequalities, particularly in housing, which had been exacerbated by discriminatory practices such as redlining and segregation.

Purpose and Provisions

The Fair Housing Act prohibits discrimination in the sale, rental, financing, and advertising of housing based on race, color, religion, sex, national origin, disability, or familial status. These protections apply broadly, encompassing a wide range of housing-related transactions.

Key provisions include:
  1. Anti-Discrimination Measures: Landlords, sellers, and financial institutions cannot refuse housing opportunities, impose different conditions, or misrepresent availability based on protected characteristics.
  2. Accessibility for Individuals with Disabilities: The FHA mandates reasonable accommodations in housing policies and modifications in physical structures to ensure accessibility for people with disabilities.
  3. Protection for Families: Familial status protection prevents discrimination against households with children under 18, ensuring they are not excluded from housing opportunities.

Enforcement and Oversight

The U.S. Department of Housing and Urban Development (HUD) oversees the enforcement of the Fair Housing Act. Individuals who believe they have been discriminated against can file complaints with HUD, which investigates allegations and seeks to resolve disputes through conciliation or legal action.

Courts have also played a critical role in interpreting the FHA. Landmark cases, such as Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (2015), affirmed the use of disparate impact analysis, where policies that unintentionally result in discrimination can also be challenged.

Ongoing Challenges and Relevance

Despite its transformative impact, fair housing remains a work in progress. Persistent racial disparities in homeownership rates, neighborhood segregation, and unequal access to quality housing highlight the need for continued vigilance. Efforts to expand the FHA’s protections, such as addressing discrimination based on sexual orientation and gender identity, reflect evolving understandings of equality.

Sellers’ Responsibilities

As a home seller or landlord, you are obligated not to discriminate in the sale, rental or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin. Also, you cannot do so through your licensed broker or salesperson, who is also bound by anti-discrimination laws. You may not set any discriminatory terms or conditions in a purchase contract or a lease. Additionally, you may not deny that housing is available or advertise a property’s availability only to persons of a certain race, color, religion, sex, disability, familial status or national origin.

Real Estate Professionals’ Responsibilities

Real Estate agents, mortgage brokers and loan officers in a real estate transaction may not discriminate on the basis of race, color, religion, sex, disability, familial status or national origin. Equally as important, they may not follow such instructions from a home seller or landlord. 

What To Do if You Feel the Law Has Been Violated

The Fair Housing Act is a vital tool in the pursuit of social justice, addressing historical injustices and fostering inclusive communities. Its enduring legacy reminds us that fair housing is not just a legal mandate but a moral imperative for a more equitable society. Discrimination complaints about housing may be filed with the nearest office of the U.S. Dept. of Housing and Urban Development (HUD) or by calling HUD’s telephone numbers, 202-708-1112 (Voice) or 202-708-1455 (TTY).Or contact HUD on the Internet at http://www.hud.gov