Quick Answer: What Does The Fair Housing Act Do?

Who does the Fair Housing Act apply to?

The Fair Housing Act (FHA) is the primary law that protects the rights of tenants across the U.S.

Since it’s a federal law, it applies in all the 50 states, Puerto Rico, and the District of Columbia.

Under the FHA jurisdiction, the law applies to almost all housing situations..

Does the Fair Housing Act apply to apartments?

The Department of Housing and Urban Development (HUD) enforces the Fair Housing Act, which prohibits discrimination and the intimidation of people in their homes, apartment buildings, and condominium developments – in nearly all housing transactions, including the rental and sale of housing and the provision of …

What are the requirements of the Fair Housing Act?

It is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance, or in other housing-related activities. The Fair Housing Act prohibits this discrimination because of race, color, national origin, religion, sex, familial status, and disability.

What is considered a disability under the Fair Housing Act?

The Fair Housing Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment.

Do landlords have to comply with ADA?

Landlords, as owners of “public accommodations,” have an independent duty to comply with the ADA and can therefore be liable for ADA compliance on property leased to and controlled by its tenants.

What was the purpose of the Fair Housing Act of 1968?

The 1968 Act expanded on previous acts and prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status. Title VIII of the Act is also known as the Fair Housing Act (of 1968).

Landlords cannot treat a tenant adversely or unequally based on that tenants actual or perceived race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, source of income, weight, or height. S.F., Cal., Police Code § 3304.

What are the characteristics of housing discrimination?

The most straightforward form of housing discrimination involves a landlord who rejects offers from potential tenants based on factors such as race, age, gender, marital status, source of funding, and others. The landlord may perform the discrimination explicitly or implicitly.

How common is housing discrimination?

There were 28,843 complaints of housing discrimination in 2017. The three most common types of complaints in 2017 were based on disability (57 percent), race (19 percent), and family status (9 percent). The biggest obstacle to fair housing rights is the federal government’s failure to enforce the law vigorously.

Is age protected under the Fair Housing Act?

Age Discrimination The federal Fair Housing Acts do not expressly ban discrimination based on age. Nevertheless, it is definitely forbidden under the broader prohibition against discrimination on the basis of familial status.

Can you sue a landlord for discrimination?

If you’re seeking damages for emotional distress caused by a landlord’s discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what’s involved in suing your landlord. You may file a lawsuit in either federal or state court.

How many classes are protected by fair housing laws?

The FHA prohibits discrimination on the basis of seven protected classes: race. color. religion.

Which property is not covered under the Fair Housing Act?

When the Fair Housing Act Applies Types of housing excluded from the FHA include: Owner-occupied buildings with four or fewer units. The FHA generally isn’t applicable when a building has two to four units, and the owner lives in one of them. Single-family homes rented without a broker.

How much can you sue for housing discrimination?

It’s fair to be angry and scared—the direct federal fines for violations of the Fair Housing Act are usually $17,000 per violation; total settlements on race, familial status, age and sex discrimination cases often reach well into the six figures—but those overwhelming emotions are why you should go straight to your …

Is it illegal to rent to undocumented immigrants?

The short answer is no. The federal government has almost exclusive authority to address immigration, including undocumented immigration. Currently, there is no federal law which prevents or penalizes landlords from renting to undocumented persons.