The Fair Housing Act is a law that was created to put an end to discriminatory practices involving any activities related to housing. It holds the belief that every person has the right to purchase, rent or mortgage whichever home they like without being afraid of discrimination due to their being a part of a certain group of people. Landlords, buyers, renters, and lenders can be held liable.
It has been in consideration since the mid-1800s, but until the Civil Rights Movement in 1960, America had not really implemented it. The Rumford Fair Housing act of 1963 and the Civil Rights Act of 1964 were the first attempts at implementing laws on discriminatory practices relating to housing. The first ground-breaking legislation was the Fair Housing Act of 1968, established a week after Martin Luther King Jr. was assassinated.
Classes protected under the law
There are seven distinct classes protected under the Act:
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Sex
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Colour
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Race
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Religion
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Disability
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National origin
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Familial status
The three-part goals
The Fair Housing Act is elaborated through a three-part goal.
1. Home renting and selling
This aims to end discrimination against the seven protected classes in the following ways:
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Refusing to sell, rent or negotiate for housing
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Lying about the availability of housing
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Making housing unavailable
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Denying housing
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Modifying the terms of the agreement
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Providing different housing facilities or accommodations
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Blockbusting
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Denying participation in housing-related services.
2. Mortgage lending
This aims to end discrimination against the seven protected classes in the following ways:
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Refusing to purchase a mortgage loan or make one
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Setting different terms and conditions on the loan
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Setting different terms and requirements for purchasing a loan
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Refusing to disclose information about the loan
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Discriminatory practices while appraising property
3. Other illegal activities
This aims to end discrimination against the seven protected classes in the following ways:
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Advertising your property with a preference for people of a certain background, and excluding a minority or making discriminatory statements about them. This applies to even those who are exempt from the Fair Housing Act like owner-occupied four-unit homes.
Those exempt from the law
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Single-family homes that are sold or rented without a broker.
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Owner-occupied homes with no larger than four units.
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Members-only private clubs and organizations.
Enforcement of the law
The Department of Housing and Urban Development (HUD) is responsible for enforcing the Fair Housing Act. They enforce the act in two ways.
First, they hire people to pose as renters or homebuyers to catch them in the act of discriminatory practices. Landlords who are not careful about what they say over the phone, in rental ads or in person can be incriminated for it.
Second, they look into discrimination claims made by people who feel as though their housing rights have been violated. HUD investigates the claim to see if it is legitimate and then decides whether further legal action is necessary.
