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Fair Housing Blog by Fair Housing Helper™ aims to present a variety of interesting fair housing issues that are as relevant as ever. Avoid costly mistakes by reading the stories of real estate professionals who learned their compliance lessons the hard way.




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Fair Housing News

Stay current by reading up on the latest news relating to fair housing in the United States.


FEDERAL LAWS

Fair Housing Act

The Fair Housing Act (FHA), also known as Title VIII of the Civil Rights Act of 1968, as amended, protects people against housing discrimination based on race, color, religion, national origin, sex, disability, and familial status. President Lyndon Johnson signed the FHA into law on April 11, 1968, exactly one week after the assassination of the Rev. Dr. Martin Luther King, Jr.


42 USC CHAPTER 45 - FAIR HOUSING

INSTRUCTIONS:

Click on a section heading to open the full text of the Fair Housing Act (FHA) in a new window. The section you requested will begin at the top of your screen. You can then navigate through the entire FHA, print a clean copy, or search for key terms.


SUBCHAPTER I - GENERALLY

3601. Declaration of policy.
3602. Definitions.
3603. Effective dates of certain prohibitions.
3604. Discrimination in the sale or rental of housing and other prohibited practices.
3605. Discrimination in residential real estate-related transactions.
3606. Discrimination in the provision of brokerage services.
3607. Religious organization or private club exemption.
3608. Administration.
3608a. Collection of certain data.
3609. Education and conciliation; conferences and consultations; reports.
3610. Administrative enforcement; preliminary matters.
3611. Subpoenas; giving of evidence.
3612. Enforcement by Secretary.
3613. Enforcement by private persons.
3614. Enforcement by Attorney General.
3614-1. Incentives for self-testing and self-correction.
3614a. Rules to implement subchapter.
3615. Effect on State laws.
3616. Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register.
3616a. Fair housing initiatives program.
3617. Interference, coercion, or intimidation.
3618. Authorization of appropriations.
3619. Separability.

SUBCHAPTER II - PREVENTION OF INTIMIDATION

3631. Violations; penalties.

Fair Housing Regulations

As part of its authority to administer and enforce the Fair Housing Act (FHA), the U.S. Department of Housing and Urban Development (HUD) issued regulations that provide its interpretation of the FHA's coverage regarding discrimination related to the sale or rental of dwellings, the provision of applicable services, and the availability of residential real estate-related transactions. These regulations are codified in Title 24 of the Code of Federal Regulations (CFR).


24 CFR Part 100:
Discriminatory Conduct Under the Fair Housing Act
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=24:1.2.1.1.1&idno=24

24 CFR Part 103:
Fair Housing — Complaint Processing
http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=8ee326d795d419f67b7b6b4cf549b387&r=PART&n=24y1.2.1.1.2

24 CFR Part 107:
Nondiscrimination and Equal Opportunity in Housing Under Executive Order 11063
http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=8ee326d795d419f67b7b6b4cf549b387&r=PART&n=24y1.2.1.1.4

24 CFR Part 108:
Compliance Procedure for Affirmative Fair Housing Marketing
http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=8ee326d795d419f67b7b6b4cf549b387&r=PART&n=24y1.2.1.1.5

24 CFR Part 110:
Fair Housing Poster
http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=8ee326d795d419f67b7b6b4cf549b387&r=PART&n=24y1.2.1.1.6

24 CFR Part 115:
Certification and Funding of State and Local Fair Housing Enforcement Agencies
http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=8ee326d795d419f67b7b6b4cf549b387&r=PART&n=24y1.2.1.1.7

24 CFR Part 121:
Collection of Data
http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=8ee326d795d419f67b7b6b4cf549b387&r=PART&n=24y1.2.1.1.8

24 CFR Part 125:
Fair Housing Initiatives Program
http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=8ee326d795d419f67b7b6b4cf549b387&r=PART&n=24y1.2.1.1.9

24 CFR Part 180:
Consolidated HUD Hearing Procedures for Civil Rights Matters
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=b88a1e97212d523abbb04137b2184596&rgn=div5&view=text&node=24:1.2.1.2.12&idno=24


  

Looking for HUD's "Fair Housing Advertising" regulations (24 CFR Part 109)?

These regulations have been repealed. However, because they are still useful, you can find them included under Government Guidance, below.




STATE LAWS

State Fair Housing Laws

The Fair Housing Act, which is a federal law, protects prospects and tenants against discrimination based on seven characteristics, commonly known as protected classes, which include:

  • race
  • color
  • religion
  • national origin
  • sex
  • disability
  • familial status

Most states (and the District of Columbia) also have their own laws protecting these seven characteristics. However, in many cases, state fair housing laws include additional protected classes, such as age, creed, sexual orientation, and source of income.

Use the tool at the right to learn which additional characteristics your state law protects.


Protected Classes Tool



protects the following
additional classes...

Note: Your city, county or town may
also protect additional characteristics.

CASES AND RELATED LAWS

Fair Housing Cases




U.S. Department of Housing and
Urban Development (HUD)

  1. Administrative Decisions.

    All decisions by the Department of Housing and Urban Development's Office of Administrative Law Judges. Cases are sorted by category and also are viewable in a complete alphabetical listing.

    http://portal.hud.gov/hudportal/HUD?src=/program_offices/hearings_appeals/cases/fha
    cases/index.cfm


  2. Charges of Discrimination.

    Extensive listing of HUD discrimination charges, sorted by year.

    http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/enforcement

  3. Conciliation Agreements.

    Sometimes, HUD gets parties involved in a fair housing dispute to settle their claims and voluntarily sign a conciliation agreement.

    2006-2008: http://www.hud.gov/offices/fheo/
    enforcement/conciliations.cfm


    2011-Present: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/enforcement/11DecreesConciliation

U.S. Department of Justice (DOJ)

  1. Administrative Decisions.

    Select cases from the Housing and Civil Enforcement Section of the Civil Rights Division of the DOJ. Cases are sorted by category and include summaries, complaints, settlement agreements and consent decrees, judgments, and/or press releases.

    http://www.justice.gov/crt/about/hce/caselist.php

  2. Charges of Discrimination.

    Select DOJ charges and settlements, courtesy of HUD.

    http://www.hud.gov/offices/
    fheo/DOJCharges.cfm


Related Laws


LAW
WHAT IT DOES
LINK

Title VI of the Civil Rights Act of 1964

This law bans discrimination based on race, color, and national origin in federally financed programs and activities.

42 U.S.C. § 2000d et seq.

Regs: 24 CFR Part 1

Section 504 of the Rehabilitation Act of 1973

This law bans discrimination based on disability in federally financed programs and activities. Most notably, it requires landlords to pay for their tenants' reasonable modifications.

29 U.S.C. § 794 et seq.

Regs: 24 CFR Part 8, Part 9

HOME Investment Partnerships Act / National Affordable Housing Act

This law bans discrimination based on race, color, national origin, sex, religion, age and disability in connection with HOME funding for very low-income individuals.

42 U.S.C. § 12832

Section 109 of Title I of the Housing and Community Development Act of 1974

This law bans discrimination on the basis of race, color, national origin, sex and religion in programs and activities that get financial assistance from HUD's Community Development and Block Grant (CDBG) Program.

42 U.S.C. § 5309

Regs: 24 CFR Part 6

Title II of the Americans with Disabilities Act of 1990

This law bans discrimination based on disability in programs, services, and activities provided or made available by public entities. In the housing context, violations occur in connection with state and local public housing, housing assistance, and housing referrals.

42 USC § 12131 et seq.

Regs: 28 CFR Part 35

Architectural Barriers Act of 1968

This law requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by people with disabilities.

42 USC § 4151 et seq.

Regs: 24 CFR Part 40, Part 41

Age Discrimination Act of 1975

This law bans discrimination based on age in federally financed programs and activities.

42 USC §§ 6101-6107

Regs: 24 CFR Part 146




Attention Property Owners and Managers!

Fair housing compliance is an essential part of lowering your risk... but it's not the end of the story.

“Every Landlord's Property Protection Guide:
10 Ways to Cut Your Risk Now”

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Find out more!
GUIDANCE AND ARTICLES

Government Guidance

Every so often, the government issues guidance on a key aspect of fair housing compliance. Whether it comes in the form of a letter, manual, or a set of frequently asked questions, the guidance is always worth a read. Not only might it clear up questions you have about an issue, but it will likely offer greater insight into how the agencies responsible for enforcing fair housing laws interpret them.


Advertising
Disability Discrimination
Familial Status Discrimination
Religious Discrimination
Security
Sex Discrimination

Fair Housing Articles

The following articles were written by Ron Leshnower for the Apartment Living / Rental site of About.com, part of The New York Times Company.

These articles address a variety of common fair housing issues, from an explanation of protected classes to the mechanics of making reasonable accommodation requests. Although written primarily for tenants and prospective tenants, these articles also help clarify what the law requires of landlords.



Looking to add the equal housing opportunity logo to your Web site, communications, advertisements, or marketing materials?

Click here to access the logo — available in various sizes and image formats — directly from HUD.

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