Federal Fair Housing Laws & Protected Classes
The following agencies are responsible for the enforcement of the Federal Fair Housing Laws:
1. Office of Equal Opportunity 2. Department of Housing and Urban Development (for complaints under the Civil Rights Act of 1968). 3. Federal Court (for complaints under the Civil Rights Act of 1866). 4. Suit can be filed in state court under substantially similar state fair housing laws.
Appraising
Appraisals or statements of value may not give consideration to race, color, religion, national origin, sex, handicap or familial status when arriving at a value.
What are the 7 protected classes?
Familial Status Race E Sex/Gender Handicapped Color O Religion National Origin
The Civil Rights Act of 1964
In addition to banning discrimination in voting rights, this act covered discrimination in public accommodations, facilities and education along with equal employment opportunity. This act act also reinforced Executive Order No. 11063, by prohibition discrimination in any program receiving federal financial assistance, such as federally funded housing programs
Civil Rights Act of 1866
Law prohibits any type of discrimination based on race. These Rights include: Notably, the right to inherit, purchase, lease, hold, sell and convey real and personal property. This act served as the basis for the eventual prohibition of racially motivated refusals to sell or rent property, in that it prohibits discrimination on the basis of race in areas pertaining to real estate.
Advertising
No advertisement of property for sale or rent may include language indicating a preference or limitation.
1972 Amendment to The Fair Housing Act
This amendment prohibits discrimination in housing based on familial status (families with children) or handicap, and provides for more authority in the enforcement of the Civil Rights Act by establishing the maximum fines that can be imposed for discrimination.
Jones vs. Mayer Supreme Court Decision of 1968
This case involved the refusal of a private residential developer to sell a home to a black man and his white wife for strictly racial reasons. The court upheld in a 7-2 decision that this violated the Civil Rights Act of 1866.
Executive Order No. 11063
This order was issued by JFK on Nov. 20, 1962, because of urging by the US Commission on Civil Rights that housing was the only commodity in America which was not available on equal terms to anyone who could afford it. The order banned discrimination in all federal departments, for example discrimination in housing funded by FHA or VA loans
Blockbusting
This practice involves inducing panic selling for financial gain by insinuating that a minority group is moving into the area. Blockbusting, also called panic peddling, involves stating or insinuating that by minority-group invasion of the neighborhood, property values will fall.
Housing for older persons
While the Fair Housing Act protects families with children, certain properties can be restricted for occupancy by the elderly. Housing occupied solely by persons age 62 or older or housing occupied by at least one person 55 years or older per unit is exempt from familial status protection.
Violation of the Fair Housing Laws is considered
a misdemeanor unless violence is involved.
The 1968 Civil Rights Act
containing within its provisions the Federal Fair Housing Act, Title VIII, specifically inaugurated a national policy of fair housing. It forbade discrimination in the sale, rental, and financing of housing, and in the provision of brokerage services, on the basis of race, color, religion, or nationality. In 1974, sex was also added to the list. It clearly proscribed the following practices: 1. refusing to rent, lease or sell property, or to negotiate the sale of same, on the basis of discriminatory considerations. 2. varying the terms of property lease or sale, or the nature of brokering services provided, for discriminatory reasons. 3. advertising in such a way as to exclude minorities from consideration as tenants or buyers. 4. misleading minority customers as to the availability of certain properties for sale or lease. 5. refusing home loans or adjusting their conditions on a discriminatory basis. 6. restricting minority membership or participation in multiple listing services, or other professional brokering groups or associations.
Familial status
defined as one or more individuals who have not reached the age of 18 being domiciled with a parent or another person who has or is seeking legal custody. It also includes a person who is pregnant. Unless the property meets the standards for exemption as "housing for older persons" all properties must be made available under the same terms and conditions as are available to all other persons.
Handicap or Disability
is defined as a physical or mental impairment or having a history of such impairment that substantially limits one or more of a person's major life activities. It does not include the current illegal use of or addiction to a controlled substance. However, a person in an addiction recovery program is protected. Individuals who have AIDS are protected under the handicap classification.
Redlining
is refusing to make loans or issue insurance policies within certain areas that are considered to be bad risk areas, regardless of the borrower's ability to repay the loan. The Home Mortgage Disclosure Act of 1976, prohibits redlining and also sets up a monitoring procedure for lenders requiring disclosure of loan activity by neighborhood.
A person who has a history of mental illness but is recovered
is still protected under the handicapped class.
Steering
refers to channeling home-seekers to, or away from, particular areas, based on race, color, religion, sex, or nationality. It includes trying to exclude minority groups from a certain area plus trying to direct them toward minority neighborhoods. Steering is the reason for most of the fair housing complaints filed against people in the real estate business.
