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1. Justice.gov

Civil Rights Division
The Fair Housing Act

The Fair Housing Act

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The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct suppliers of housing, such as landlords and real estate companies as well as other entities, such as towns, banks or other loan provider and property owners insurance coverage business whose inequitable practices make housing not available to individuals since of:

race or color. religion. sex. national origin. familial status, or. disability.

In cases involving discrimination in mortgage loans or home enhancement loans, the Department may file match under both the Fair Housing Act and the Equal Credit Opportunity Act. The Department brings cases where there is proof of a pattern or practice of discrimination or where a rejection of rights to a group of persons raises an issue of basic public value. Where force or hazard of force is utilized to reject or interfere with reasonable housing rights, the Department of Justice might set up criminal procedures. The Fair Housing Act likewise supplies procedures for dealing with specific problems of discrimination. Individuals who think that they have actually been victims of a prohibited housing practice, might file a complaint with the Department of Housing and Urban Development [HUD] or submit their own lawsuit in federal or state court. The Department of Justice brings fits on behalf of individuals based on recommendations from HUD.

Discrimination in Housing Based Upon Race or Color

One of the central objectives of the Fair Housing Act, when Congress enacted it in 1968, was to restrict race discrimination in sales and rentals of housing. Nevertheless, more than thirty years later on, race discrimination in housing continues to be a problem. Most of the Justice Department's pattern or practice cases include claims of race discrimination. Sometimes, housing suppliers attempt to camouflage their discrimination by providing incorrect info about accessibility of housing, either saying that absolutely nothing was readily available or guiding homeseekers to certain areas based upon race. Individuals who receive such incorrect info or misdirection may have no knowledge that they have been victims of discrimination. The Department of Justice has actually brought lots of cases alleging this kind of discrimination based on race or color. In addition, the Department's Fair Housing Testing Program looks for to uncover this type of hidden discrimination and hold those responsible accountable. The majority of the mortgage lending cases brought by the Department under the Fair Housing Act and Equal Credit Opportunity Act have actually declared discrimination based upon race or color. A few of the Department's cases have also alleged that towns and other city government entities broke the Fair Housing Act when they denied permits or zoning modifications for housing advancements, or relegated them to predominantly minority areas, due to the fact that the potential residents were anticipated to be mainly African-Americans.

Discrimination in Housing Based Upon Religion

The Fair Housing Act forbids discrimination in housing based upon religion. This prohibition covers circumstances of overt discrimination versus members of a specific religion also less direct actions, such as zoning regulations developed to limit the usage of private homes as a locations of praise. The variety of cases submitted considering that 1968 declaring spiritual discrimination is small in contrast to a few of the other forbidden bases, such as race or nationwide origin. The Act does consist of a limited exception that permits non-commercial housing operated by a religious organization to reserve such housing to persons of the same faith.

Discrimination in Housing Based Upon Sex, Including Sexual Harassment

The Fair Housing Act makes it unlawful to discriminate in housing on the basis of sex. Over the last few years, the Department's focus in this area has been to challenge unwanted sexual advances in housing. Women, especially those who are poor, and with restricted housing options, often have little recourse but to tolerate the embarrassment and degradation of sexual harassment or danger having their households and themselves eliminated from their homes. The Department's enforcement program is focused on property owners who create an untenable living environment by demanding sexual favors from renters or by producing a sexually hostile environment for them. In this way we seek both to obtain relief for tenants who have actually been treated unfairly by a property manager due to the fact that of sex and also discourage other potential abusers by making it clear that they can not continue their conduct without dealing with effects. In addition, prices discrimination in mortgage lending might likewise negatively affect women, especially minority women. This type of discrimination is unlawful under both the Fair Housing Act and Equal Credit Opportunity Act.

Discrimination in Housing Based Upon National Origin

The Fair Housing Act prohibits discrimination based upon national origin. Such discrimination can be based either upon the country of a person's birth or where his/her forefathers stem. Census information suggest that the Hispanic population is the fastest growing sector of our country's population. The Justice Department has taken enforcement action versus local governments that have tried to decrease or restrict the number of Hispanic households that may reside in their neighborhoods. We have taken legal action against lenders under both the Fair Housing Act and the Equal Credit Opportunity Act when they have actually imposed more strict underwriting standards on mortgage or made loans on less favorable terms for Hispanic borrowers. The Department has actually likewise sued lenders for discrimination against Native Americans. Other areas of the country have experienced an increasing variety of national origin groups within their populations. This consists of new immigrants from Southeastern Asia, such as the Hmong, the former Soviet Union, and other parts of Eastern Europe. We have done something about it versus personal property owners who have actually discriminated against such people.

Discrimination in Housing Based Upon Familial Status

The Fair Housing Act, with some exceptions, prohibits discrimination in housing versus households with kids under 18. In addition to forbiding an outright denial of housing to families with kids, the Act likewise prevents housing providers from imposing any special requirements or conditions on occupants with custody of kids. For example, proprietors may not locate families with children in any single portion of a complex, place an unreasonable restriction on the overall number of persons who might reside in a house, or restrict their access to recreational services offered to other renters. In a lot of circumstances, the amended Fair Housing Act forbids a housing supplier from declining to rent or sell to families with children. However, some facilities may be designated as Housing for Older Persons (55 years of age). This kind of housing, which satisfies the requirements stated in the Housing for Older Persons Act of 1995, might run as "senior" housing. The Department of Housing and Urban Development (HUD) has released policies and additional guidance detailing these statutory requirements.

Discrimination in Housing Based Upon Disability

The Fair Housing Act restricts discrimination on the basis of special needs in all types of housing transactions. The Act defines individuals with an impairment to indicate those individuals with psychological or physical problems that substantially limit one or more major life activities. The term mental or physical impairment might include conditions such as loss of sight, hearing impairment, mobility problems, HIV infection, psychological retardation, alcoholism, drug dependency, chronic tiredness, discovering special needs, head injury, and psychological disease. The term significant life activity may include seeing, hearing, walking, breathing, performing manual jobs, looking after one's self, discovering, speaking, or working. The Fair Housing Act also secures individuals who have a record of such an impairment, or are considered as having such a problems. Current users of illegal illegal drugs, individuals convicted for prohibited manufacture or distribution of a regulated compound, sex culprits, and juvenile offenders are not thought about handicapped under the Fair Housing Act, by virtue of that status. The Fair Housing Act affords no protections to people with or without specials needs who present a direct threat to the individuals or residential or commercial property of others. Determining whether somebody positions such a direct hazard should be made on a personalized basis, however, and can not be based on general presumptions or speculation about the nature of an impairment. The Division's enforcement of the Fair Housing Act's defenses for persons with disabilities has focused on two major areas. One is guaranteeing that zoning and other guidelines concerning land usage are not employed to prevent the residential options of these people, consisting of unnecessarily restricting communal, or congregate, residential plans, such as group homes. The second area is guaranteeing that freshly built multifamily housing is developed in accordance with the Fair Housing Act's ease of access requirements so that it is accessible to and functional by individuals with specials needs, and, in particular, those who utilize wheelchairs. There are other federal statutes that prohibit discrimination versus individuals with specials needs, including the Americans with Disabilities Act, which is enforced by the Disability Rights Section of the Civil Liberty Division.

Discrimination in Housing Based Upon Disability Group Homes

Some individuals with impairments may cohabit in congregate living arrangements, often described as "group homes." The Fair Housing Act restricts municipalities and other city government entities from making zoning or land use choices or executing land use policies that leave out or otherwise discriminate against people with specials needs. The Fair Housing Act makes it unlawful--

- To use land usage policies or actions that deal with groups of individuals with disabilities less favorably than groups of non-disabled individuals. An example would be an ordinance restricting housing for persons with disabilities or a particular type of impairment, such as mental disorder, from finding in a specific location, while permitting other groups of unassociated people to cohabit in that location.
To act versus, or deny a license, for a home since of the impairment of people who live or would live there. An example would be denying a building license for a home since it was meant to offer housing for persons with mental retardation.
To decline to make sensible accommodations in land usage and zoning policies and treatments where such lodgings might be required to afford persons or groups of persons with disabilities a level playing field to utilize and delight in housing. What makes up an affordable accommodation is a case-by-case determination. Not all asked for adjustments of guidelines or policies are affordable. If a requested adjustment enforces an unnecessary financial or administrative concern on a regional federal government, or if an adjustment creates a basic modification in a city government's land use and zoning plan, it is not a "affordable" accommodation.

Discrimination in Housing Based Upon Disability-- Accessibility Features for New Construction

The Fair Housing Act defines discrimination in housing against persons with specials needs to consist of a failure "to design and construct" specific new multi-family houses so that they are available to and usable by persons with disabilities, and especially people who use wheelchairs. The Act needs all freshly constructed multi-family residences of four or more systems intended for first occupancy after March 13, 1991, to have particular features: an accessible entryway on an available route, accessible common and public use areas, doors adequately broad to accommodate wheelchairs, available paths into and through each residence, light switches, electrical outlets, and thermostats in accessible area, supports in bathroom walls to accommodate grab bar setups, and usable kitchen areas and restrooms configured so that a wheelchair can steer about the area.

Developers, contractors, owners, and designers responsible for the style or building and construction of brand-new multi-family housing may be held accountable under the Fair Housing Act if their structures stop working to meet these style requirements. The Department of Justice has actually brought numerous enforcement actions against those who failed to do so. Most of the cases have actually been solved by approval decrees offering a range of types of relief, including: retrofitting to bring unattainable functions into compliance where feasible and where it is not-- options (financial funds or other building requirements) that will offer making other housing systems accessible