Federal fair housing laws protect buyers and renters from discrimination. These laws apply to many issues related to private and public housing.
The U.S. Department of Housing and Urban Development (HUD) enforces fair housing laws throughout the country. People often associate HUD with public housing, but the department also plays a role in private property transactions, including rentals.
HUD is a part of the executive branch of the government; it’s a department of the Cabinet. The director of HUD, who is appointed by the president, is the U.S. Secretary of Housing and Urban Development.
A few of the many areas HUD is involved in are community planning, public housing oversight, lending regulation, and the formation of housing policy. One of HUD’s best-known responsibilities is the administration of public housing. But HUD also regulates parties involved in private housing activities—including landlords—and ensures that they follow federal fair housing law.
Congress passed the Fair Housing Act (FHA) in 1968 as a direct result of the civil rights movement and the efforts of Martin Luther King Jr. The purpose of the FHA is to protect both renters and buyers from discrimination at any point in the leasing or buying process. (42 U.S.C. §§ 3601 and following.)
Specifically, the FHA prohibits discrimination based on:
These FHA prohibitions apply to the rental and sale of nearly all types of property. The FHA doesn’t apply to some properties, but the exceptions are limited. (A landlord who has any question about having to comply with the FHA should consult with an attorney.)
The FHA outlaws discrimination by:
In other words, anyone in one of these roles who discriminates because of any of the above characteristics violates the FHA.
If you’re a landlord, consider looking into what sort of behavior can violate the FHA—you might be surprised. For instance, asking a potential tenant if she is pregnant might be a violation, as might not allowing a service animal due to a “no pets” policy.
HUD implements and enforces the FHA through its Office of Fair Housing and Equal Opportunity (FHEO). FHEO’s purpose is to “eliminate housing discrimination, promote economic opportunity, and achieve diverse, inclusive communities.” FHEO is based in Washington, D.C., and has ten regional offices across the country. These offices enforce compliance with the FHA, educate consumers, and administer fair housing programs.
One way FHEO administers fair housing programs is by funding third-party organizations. For example, FHEO’s Fair Housing Assistance Program grants money to state and local government agencies so they can investigate fair housing complaints. Similarly, FHEO’s Fair Housing Initiatives Program provides money to private organizations who help people with complaints. In investigating complaints, people in these private organizations might even pose as housing seekers in order to uncover FHA violations.
Many times, one of these programs or FHEO itself discovers a violation and pursues the case on its own. But, importantly, people who believe that they have experienced housing discrimination can file a complaint directly with FHEO. The idea of making a complaint as an individual can be daunting, but many resources are available, and FHEO provides clear guidelines on how to make a federal fair housing complaint.
When FHEO investigates a complaint and determines that illegal discrimination might have occurred, it issues a Charge of Discrimination (Charge). If your FHA complaint progresses to this point, consider consulting a lawyer. There are a few different ways the case can proceed after the Charge, and you'll need to be aware of certain deadlines. A lawyer can evaluate your options and help you make a timely decision about what's best for your case.
No two FHA violations are exactly alike, and whether a violation occurred depends on the facts. If you have questions about your situation, consult with an attorney who specializes in housing discrimination. Lawyers with this expertise can help determine your course of action. They can also assist with the FHA complaint process and advise you about any applicable state or local fair housing laws. States and cities often have anti-discrimination laws that provide even more protections than federal law. For example, a state’s law might ban discrimination based on sexual orientation. A knowledgeable lawyer will be able to evaluate the laws that apply to your situation.
