REAL ESTATE GUIDE: Real Estate Law, State Statutes, Landlord Tenant Law, Eminent Domain, Renters Rights, Housing Rights, Mortgage Foreclosures, Real Estate Lawyers & Attorneys
Housing Rights
by James Larew, Attorney at Law
It is an unfair or discriminatory practice for any person, owner, or person acting for an owner, of rights to housing or real property, with or without compensation, including but not limited to persons licensed as real estate brokers or salespersons, attorney, auctioneers, agents or representatives by power of attorney or appointment, or any person acting under court order, deed or trust, or will:
1. To refuse to sell, rent, lease, assign, sublease, refuse to negotiate, or to otherwise make unavailable, or deny any real property or housing accommodation or part, portion, or interest therein, to any person because of the race, color, creed, sex, religion, national origin, disability, or familial status of such person.
2. To discriminate against any person because of the person’s race, color, creed, sex, religion, national origin, disability, or familial status, in the terms, conditions or privileges of the sale, rental, lease assignment or sublease of any real property or housing accommodation or any part, portion or interest in the real property or housing accommodation or in the provision of services or facilities in connection with the real property or housing accommodation.
3. To directly or indirectly advertise, or in any other manner indicate or publicize that the purchase, rental, lease, assignment, or sublease of any real property or housing accommodation or any part, portion or interest therein, by persons of any particular race, color, creed, sex, religion, national origin, disability, or familial status is unwelcome, objectionable, not acceptable or not solicited.
4. To discriminate against the lessee or purchaser of any real property or housing accommodation or part, portion or interest of the real property or housing accommodation, or against any prospective lessee or purchaser of the property or accommodation, because of the race, color, creed, religion, sex, disability, age or national origin of persons who may from time to time be present in or on the lessee’s or owner’s premises for lawful purposes at the invitation of the lessee or owner as friends, guests, visitors, relatives or in any similar capacity.
A person shall not induce or attempt to induce another person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color creed, sex, religion, national origin, disability, or familial status.
A person shall not represent to a person of a particular race, color, creed, sex, religion, national origin, disability, or familial status that a dwelling is not available for inspection, sale, or rental when the dwelling is available for inspection, sale, or rental.
A person shall not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to a buyer or renter because of a disability of any of the following persons:
- That buyer or renter
- The person residing in or intending to reside in that dwelling after it is sol, rented, or made available
- A person associate with that buyer or renter
A person shall not discriminate against another person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of the disability of any of the following persons:
- That person
- A person residing in or intending to reside in that dwelling after it is sold, rented, or made available
- A person associated with that person.
None of the above provisions requires that a dwelling be made available to a person whose tenancy would constitute a direct threat to the health or safety of other persons or whose tenancy would result in substantial physical damage to the property of others.
A person whose business includes engaging in residential real estate related transactions shall not discriminate against a person in making a residential real estate related transaction because of race, color, creed, sex, religion, national origin, disability, or familial status.
There are certain exceptions to these rules and it varies from state to state.
Federal
The Fair Housing and Equal Opportunity Office (FHEO) of the U.S. Department of Housing and Urban Development (HUD) administers federal laws and establishes national policies that ensure all Americans have equal access to the housing of their choice. Particular activities carried out by the Office include implementing and enforcing the Fair Housing Act and other civil rights laws, including Title VI of the Civil Rights Act of 1964, Section 109 of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments Act of 1972, and the Architectural Barriers Act of 1968.
FHEO administers laws that prohibit discrimination in housing on the basis of race, color, religion, sex, national origin, age, disability, and familial status.
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
Title II of the Americans With Disabilities Act prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.
If you have been trying to buy or rent a home or apartment and you believe your rights have been violated, you can file a fair housing complaint. To learn how to do so, you may go to http://www.hud.gov/complaints/housediscrim.cfm.
For further information on federal housing rights, please go to http://www.hud.gov/offices/fheo/index.cfm.
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