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FAIR HOUSING 101

The Fair Housing Act of 1989, a Federal law, bans housing discrimination based on:

 —RACE
—COLOR—
This can be a separate issue from race.
—NATIONAL ORIGIN—Where people or their ancestors come from.
Immigrants are specifically protected under the law.
—SEX—Gender, not sexual orientation.
—RELIGION
—FAMILIAL STATUS—
One or more adults with care/custody of child/ren under 18.
            Pregnant women are specifically protected by this provision.
—DISABILITY—Long-term or permanent condition(s) limiting a life function.
            Covers mental/developmental disabilities and former substance addiction.

The law covers not only housing, but housing-related services. It goes beyond the right to buy or rent—it includes terms, conditions, and privileges. It covers sales, rentals, home lending, homeowners’ insurance, government housing/development decisions/codes, and advertising.

Some types of housing are not covered or are exempt from portions of the Federal law:

  • Religious/other organization housing—Housing may be restricted to members,
    BUT restrictions on the other bases are not allowed.

  • Senior housing—Two categories are permitted, 55 and older, and 62 and older,
    BUT restrictions on the other bases are not allowed,
    AND there must be a demonstrated intent to house only those age groups.

  • Multi-family buildings with 4 or fewer units where one is owner occupied,
    BUT restrictions on other bases are not allowed,
    AND this must be the owner’s only property,
    AND advertising and statements may not indicate an intent to discriminate.

  • Owner sales of single-family home,
    BUT only 3 single-families can be owned,
    AND only 1 sale of non-owner-ccupied house can be done in a 24-month period,
    AND no agent (broadly defined by the law) may be used,
    AND advertising and statements may not demonstrate an intent to discriminate.


DEALING WITH MULTI-FAMILY HOUSING? YOU ALSO NEED TO KNOW—
Disability access standards for covered multi-family housing,
Reasonable modifications rights,
Reasonable accommodations rights,
Reasonable occupancy standards

FOR ALL HOUSING, YOU NEED TO KNOW—
Statutes of limitations, and fair housing enforcement bodies and procedures

State/local fair housing laws, that may contain more provisions than the Fair Housing Act.

YOUR fair housing rights—people in the housing industry who are harmed while helping others exercise their fair housing rights have standing to file a complaint or sue.


I hope this sheds a little light on Fair Housing. I look forward to writing future articles to help you better understand and follow these laws.

Thank you,

Connie Mack-Ward, Housing Consultant

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If you would like further infomation on this topic, please purchase my book"How to Find That Quality Tenant". Ask your locale bookstore or see my website at www.findthatqualitytenant.com

I am not a lawyer, therefore, if you have any legal concerns with anything in this article, please contact the appropriate legal counsel.

Thank You. Don Conrad

Copyright 2006 Blue Collar Publishers
www.findthatqualitytenant.com
e-mail: donconrad@findthatqualitytenant.com
phone: 1-888-452-0765

 

Tip of the Month
August 2008

Discrimination is a serious issue. As you are looking for quality tenants, it is important to keep away from issues protected by the Fair Housing Laws. Under the Fair Housing Act it is illegal to refuse to rent to someone based on their race, color, creed, national origin, religion, sex, family status, or disabilities. Absolutely stay away from these issues when searching for tenants. I can tell you for a fact, none of these issues are determining factors on your tenant being a "good tenant" or a "bad tenant".

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