The Fair Housing Act: What Housing Discrimination Looks Like and What You Can Do

What is Housing Discrimination?

Housing discrimination happens when someone treats you unfairly in housing because of certain personal traits. The Fair Housing Act is a federal law that makes this kind of unfair treatment illegal. The U.S. Department of Housing and Urban Development (HUD) says this law prohibits discrimination because of your race, color, national origin, religion, sex, familial status, or disability. This means that if you are treated differently in housing because of one of these reasons, it could be illegal discrimination.

Who Does the Fair Housing Act Protect?

The Fair Housing Act protects people based on several characteristics, including familial status and disability. The law defines these terms clearly:

• Familial Status: This refers to families with children. The Fair Housing Act (42 U.S.C. 3602) says familial status means one or more children under 18 years old living with a parent or another person who has legal custody of them. It also covers situations where a child under 18 lives with someone designated by a parent or legal custodian with their written permission. The law also protects anyone who is pregnant or is in the process of getting legal custody of a child under 18.
• Disability: The Fair Housing Act’s word for disability is “handicap” (42 U.S.C. 3602). It means a physical or mental impairment that substantially limits one or more major life activities. It also covers having a record of such an impairment or being regarded as having one. However, it does not include the current, illegal use of or addiction to a controlled substance.

Activities Covered by the Fair Housing Act

The Fair Housing Act covers many different housing-related activities. HUD states that the Act protects people when they are:

• Renting a home.
• Buying a home.
• Getting a mortgage.
• Seeking housing assistance.
• Engaging in other housing-related activities.

This means that unfair treatment based on a protected characteristic is illegal in all these parts of the housing process.

What You Can Do if You Experience Discrimination

If you believe you have experienced housing discrimination, there are general steps you can take. These steps can help you gather information if you decide to seek legal help.

Here are some practical steps:

• Keep Records: Write down every detail you remember. Note the dates, times, names of people involved, and exactly what was said or done. Do this as soon as possible after the event.
• Get Copies: If there are any documents involved, such as rental applications, denial letters, or emails, make copies for your records.
• Witness Information: If anyone else saw or heard what happened, write down their names and contact information.
• Contact HUD: The U.S. Department of Housing and Urban Development (HUD) accepts housing discrimination complaints. You can learn more about how to file a complaint with them.

Remember that laws and rules about housing discrimination can vary by state. What is considered discrimination and how it is handled might have specific details depending on where you live.

When to Get Legal Help

If you think you have faced housing discrimination, it is important to talk to someone who can give you specific advice for your situation. You should talk to a licensed attorney in your state. An attorney can explain the laws that apply to your case and help you understand your options.

If you have a low income, you might be able to get help from a legal aid organization. The Legal Services Corporation (LSC) is an independent nonprofit organization that was set up by Congress in 1974. It funds civil legal aid for low-income Americans. The LSC website has a search tool that can help you find an LSC-funded legal aid organization near you. You can also contact your state bar association, which may be able to provide resources or attorney referrals.