April is Fair Housing Month
Tomorrow is the first day of April and that means it is time once again, to turn our attention to making sure that no qualified buyer is restricted from buying the home they want. Although we would hope that the times of discrimination are long behind us, we are not ignorant of the prejudice many still harbor toward those who are different.
Fair housing is enforced by the United States Department of Housing and Urban Development (HUD). HUD investigates complaints of housing discrimination based on race, color, religion, national origin, sex, disability, or familial status. Recently, the Fair Housing Act added sexual orientation to its list of protected classes.
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
The operative phrase here is, "in some circumstances." Most landlords will have to comply with Fair Housing standards. For example, if your landlord has a no pet policy, they must still make exceptions for service animals.
From the HUD website, here is a list of prohibited discriminatory acts:
In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:
- Refuse to rent or sell housing
- Refuse to negotiate for housing
- Make housing unavailable
- Deny a dwelling
- Set different terms, conditions or privileges for sale or rental of a dwelling
- Provide different housing services or facilities
- Falsely deny that housing is available for inspection, sale, or rental
- For profit, persuade owners to sell or rent (blockbusting) or
- Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
Further, many of these same restrictions apply to lenders when considering your application for a home loan. In the 1960s many of the excepted practices were prevalent. That led to the adoption of the Fair Housing Act in 1968. Since that time, several revisions have been made to the law, one being the allowable creation of 55 and older communities where at least one family member must be above that age and no children are allowed. An exempt property will not violate the Fair Housing Act if it includes families with children, but it does not have to do so. Of course, the property must meet the Act's requirements that at least 80 percent of its occupied units have at least one occupant who is 55 or older, and that it publish and follow policies and procedures that demonstrate an intent to be 55 and older housing.
The Fair Housing Act does not specifically include sexual orientation and gender identity as prohibited bases. However, a lesbian, gay, bisexual, or transgender (LGBT) person's experience with sexual orientation or gender identity housing discrimination may still be covered by the Fair Housing Act.
Real Estate agents should all be aware that the Government takes discrimination very seriously. Often, they will send their agents into various markets under the pretense of looking to buy real estate. The real estate agent they interact with will be studied for their actions to assist in the home search. Attempts to lead a person to a specific neighborhood because of race or religion or to eliminate neighborhoods from their search due to physical ability or other reasons could result in severe sanctions for the agent. If an agent is found guilty of discrimination as a first offense the fine is $11,000. The second time, the fine is $27,500 and $55,000 for the third.
If you think you have been a victim of discrimination in a home buying or lending situation please visit www.HUD.org to file your complaint. At no cost to you, HUD will investigate the complaint and try to conciliate the matter with both parties.
Trust an expert ... call a Realtor. Call your REALTOR or visit www.cdarealtors.com to search properties on the Multiple Listing Service or to find a REALTOR member who will represent your best interests.
Kim Cooper is a real estate Broker and the spokesman for the Coeur d'Alene Association of REALTORS. Kim and the Association invite your feedback and input for this column. You may contact them by writing to the Coeur d'Alene Association of REALTORS, 409 W. Neider, Coeur d'Alene, ID 83815 or by calling 208-667-0664