Legal Definitions - Fair Housing Act & Fair Housing Amendments Act

The Fair Housing Act, along with its subsequent Fair Housing Amendments Act, is a landmark federal law in the United States designed to prevent discrimination in housing-related transactions. It ensures that individuals have equal access to housing opportunities, prohibiting unfair treatment based on specific protected characteristics.

Originally enacted as Title VIII of the Civil Rights Act of 1968, the Act initially outlawed discrimination in the sale and rental of housing based on a person's race, religion, or national origin. Over time, through amendments, its protections have expanded significantly.

Today, the Fair Housing Act prohibits discrimination in most housing-related activities based on:

• Race
• Color
• Religion
• Sex
• National Origin
• Familial Status (which includes families with children under 18, pregnant women, and people in the process of securing legal custody of children)
• Disability (physical or mental impairment that substantially limits one or more major life activities)

The Act covers a broad range of housing-related actions, including the sale or rental of housing, advertising, financing, and the provision of brokerage services. It aims to ensure that everyone has an equal opportunity to find and secure housing without facing prejudice.

Examples of the Fair Housing Act in Action:

• Scenario 1: Discrimination based on Familial Status

  A landlord advertises an apartment for rent but, upon learning that a prospective tenant has two young children, tells them the unit is "not suitable for families" and is only available to single adults or couples without children. The landlord then refuses to process their application, despite the family meeting all other financial and background requirements.

  Explanation: This situation illustrates a violation of the Fair Housing Act's protection against discrimination based on familial status. The landlord is denying housing specifically because the applicants have children, which is prohibited under the Act.

• Scenario 2: Discrimination based on Race and National Origin (Steering)

  A real estate agent consistently shows homes only in predominantly minority neighborhoods to clients of a specific racial or ethnic background, even when those clients express interest in other areas. Conversely, the agent directs clients of a different background exclusively to predominantly white neighborhoods, regardless of their stated preferences or budget.

  Explanation: This practice, known as "steering," is a form of discrimination prohibited by the Fair Housing Act. It involves guiding potential buyers or renters towards or away from certain neighborhoods based on their race or national origin, thereby limiting their housing choices and perpetuating segregation.

• Scenario 3: Discrimination based on Disability (Refusal of Reasonable Accommodation)

  A tenant who uses a wheelchair requests that their apartment building's management install a ramp at the entrance to the common laundry room, as the current entrance has a step that makes it inaccessible. The tenant offers to pay for the modification, but the management refuses, stating it would be an "inconvenience" and "change the building's look."

  Explanation: This scenario demonstrates a violation of the Fair Housing Act's provisions regarding disability. The Act requires housing providers to make reasonable accommodations or allow reasonable modifications (at the tenant's expense, if reasonable) to common areas to ensure that individuals with disabilities can fully use and enjoy their dwelling and common facilities.