Housing Discrimination
| Author | Jeffrey Wilson |
| Pages | 1193-1197 |
Page 1193
Title VIII of the Civil Rights Act of 1968, as amended in 1988, also known as the Fair Housing Act, and the Civil Rights Act of 1866 prohibit discrimination in a wide array of real estate practices, including housing sale and rental, provision of homeowner's insurance, and mortgage lending.
The Fair Housing Act identifies seven classes protected by the law: race, color, national origin, religion, sex, familial status, and disability. State and local laws often extend these protected classes to include such characteristics as sexual preference, age, and even student status. The Fair Housing Act is a federal law, which covers most housing in the United States. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members. For purposes of the Fair Housing Act, sexual discrimination includes sexual harassment which is defined as deliberate or repeated unsolicited verbal comments, gestures, or physical contact that creates an offensive environment and sexual favors sought in return for housing. With regard to familial status, families are defined as at least one child under the age of eighteen living with at least one parent or appointed guardian. It also includes pregnant women and those in the adoption process.
The provisions of the Civil Rights Act of 1866 are extremely broad. Section 1981 protects the right of all persons to make and enforce contracts free from racial discrimination. Section 1982 protects the rights of citizens to inherit, purchase, lease, sell, hold and convey real and personal property. The act only covers racial discrimination, however, and section 1982 only protects United States citizens.
Page 1194
No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or disability:
Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection, sale, or rental
For profit, persuade owners to sell or rent (block-busting)
Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing
No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or disability
Refuse to make a mortgage loan
Refuse to provide information regarding loans
Impose different terms or conditions on a loan, such as different interest rates, points, or fees
Discriminate in appraising property
Refuse to purchase a loan
Set different terms or conditions for purchasing a loan
Additionally, it is illegal for anyone to threaten, coerce, intimidate, or interfere with anyone exercising a fair housing right or assisting others who exercise that right. It is also unlawful to advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or disability. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
Because persons with disabilities face negative stereotypes and prejudice that limit them from housing options along with physical barriers, federal and local governments have amended fair housing laws to include persons with disabilities as a protected class. The broadest protections originate from the Federal Fair Housing Act Amendments of 1988 and Section 504 of the Rehabilitation Act...
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