Fair Housing Act and Fair Housing Act Amendments of 1988

The Fair Housing Act prohibits discrimination in housing because of:

  • Race or color,
  • National origin,
  • Religion,
  • Sex,
  • Familial status (including children in the household) or
  • Disability.

Fair Housing Act covers most housing. In some cases, there is an exemption for 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.

Discrimination Prohibited:

In the sale and rental of housing, no one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:

  • Refuse to rent or sell housing;
  • Refuse to negotiate for housing;
  • Make housing unavailable or 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 (blockbusting); or
  • 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.

In mortgage lending, no one may take any of the these actions based on race, color, national origin, religion, sex, familial status or handicap:

  • 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; or
  • Set different terms or conditions for purchasing a loan.

It is also illegal for anyone to threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right. No one may advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.

If you have a disability as defined in the Act and rent your home or apartment, your landlord may not refuse to make reasonable accommodations in rules, policies, practices or services if necessary for a disabled person to use the housing. Nor may he refuse to let you make reasonable modifications to your dwelling or common use areas, at your own expense, if necessary for the disabled resident to use the housing. The landlord may permit changes only if you agree to restore the property to its original condition when you move. Important Note: If you live in federally-assisted housing, the housing provider must pay for modifications.

When you must pay for modifications yourself, the following HUD programs may help, Title I Property Improvement Insurance, , or Section 203 (k) Rehabilitation Loans Insurance.

Accessibility:

In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:

  • Public and common areas must be accessible to persons with disabilities;
  • Doors and hallways must be wide enough for wheelchairs;
  • All units must have an accessible route into and through the unit;
  • Units must have accessible light switches, electrical outlets, thermostats and other environmental controls;
  • Units must have reinforced bathroom walls to allow later installation of grab bars; and
  • Kitchens and bathrooms must be usable by people in wheelchairs.

If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground floor units, but not the upper floors.

Complaints:

There are several ways in which a fair housing complaint can be filed.

  • A person can use HUD's on-line form by following this link.
  • A person may call the toll free number at 1 (800) 669-9777 or 800-927-9275 for TTY.
  • A person may print out the form by following this link and mailing it to: Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, Room 5204, 451 Seventh St. SW, Washington, DC 20410-2000.
  • https://www.hud.gov/sites/documents/DOC_12150.PDF

  • A person may write a letter that includes: your name and address; the name and address of the person your complaint is about; the address of the house or apartment you were trying to rent or buy; the date when this incident occurred; a short description of what happened; and then mail it to the Fair Housing Hub closest to you. For Oklahoma that is the Fort Worth Regional Office of FHEO, U.S. Department of Housing and Urban Development, 801 Cherry Street, 27th Floor, Fort Worth, Texas 76102.

For more on the Fair Housing Act, follow this link.

Guide Location: 

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