The Fair Housing Act, otherwise known as the Civil Rights Act of 1968, states that is not legal, in virtually every circumstance, to discriminate in the rental or the sale of a residential property based on sex, national origin, religion and race. In 1988, the law was amended to include marital status and disability to the protected categories list. Since this law is federal, it applies in all areas of the U.S.
Housing Discrimination Laws
There are also some cities and states that have housing discrimination laws that include certain charistics that are not contained in the federal law, such as gender identity and sexual orientation. There are currently thirteen states that have laws preventing sexual orientation based housing discrimination. There are also cities that are not in those states that have the same laws.
Despite these laws being in effect, and being strictly enforced on a regular basis, the United States Department of Housing and Urban Development (HUD) believes that roughly 2 million illegal housing discrimination cases take place in the U.S. each year.
Do not be a victim
The following steps can help you avoid being a victim of housing discrimination, and also if you have already been victimized.
- If you see a listing that has a discriminatory preference clearly mentioned, do not reply to it. Even if you do not fit into the particular category that is being descriminated against, you should not want to do business with a person who would participate in blatant discrimination. Since stating a discriminatory preference in a listing is not legal, contact HUD and file a complaint. However, most people are very subtle in their discrimination to avoid being caught.
- It is critical to be able to spot owners who are engaging in discriminatory practices. Therefore, you need to be aware of methods that these owners use that are more subtle than a blatant real estate listing that has a discriminatory preference mentioned in it. For example, owners will often decline applications submitted by people belonging to a certain group. If you belong to a group that the property owner does not like, you may have your application rejected without explanation. In situations like this, it is hard to tell if any discrimination occurred. However, thanks to online reviews, you can see if the owner has routinely turned down qualified renters belonging to a certain group, while instead accepting less qualified renters who don’t belong to the group in question. If you file a complaint and you have enough evidence to back it up, HUD will conduct an investigation.
- If you believe that you have been discriminated against, you have a few options. The easiest thing to do is file a complaint with HUD. However, HUD may not investigate your complaint.
- If you feel that filing a lawsuit against the seller or renter is the proper course of action, there is a lot of work involved. You will need a lawyer experienced in housing discrimination cases. This process will most likely be long, and there is no guarantee you will win.
- You can also voice your concerns on various websites that allow tenants to review the practices of landlords. If you are certain that a landlord is discriminating against qualified tenants, tell the public so that people will not want to rent from the landlord. You must have proof of your allegations, or you can be sued for slander and defamation.
Rental property discrimination is an unfortunate fact of life. However, if you are prepared for this possibility, and if you know your rights, you have the ability to fight back. There is no reason to be a victim.