Protecting Your Rights: What You Need to Know about Fair Housing Laws

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Protecting Your Rights What You Need to Know
about Fair Housing Laws

• SC Appleseed Legal Justice Center

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• The South Carolina Appleseed Legal Justice
• Center is dedicated to advocacy for low-
• income people in South Carolina to effect
• systemic change by acting in and through
• the courts, legislature, administrative
• agencies, community and the media, and
• helping others do the same through
• education, training and co-counseling. To
• find out more about SCALJC, go to
• http//www.scjustice.org on the Internet.

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Mission

• The goal of this presentation is to teach you
  general information about your rights under Fair
  Housing laws.
• Because of time constraints, only the major
  points of the laws will be addressed.
• At the end of this presentation, you should have
  a better understanding about the laws that
  protect you from housing discrimination and what
  to do if you think your rights have been
  violated.

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Disclaimer

• This overview of Fair Housing law is for
  informational purposes only. It is not meant to
  address a specific legal problem.
• If you have specific questions about a housing
  problem, you should contact a lawyer of your
  choice to get help.

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What Is the Fair Housing Act?

• The federal Fair Housing Act (FHA) was made a law
  by Congress on April 11, 1968.
• It was part of the Civil Rights Act of 1968.
• After the Rev. Dr. Martin Luther King Jr.s
  assassination on April 4, 1968, President Lyndon
  B. Johnson urged Congress to pass the law. In the
  years before Kings death, the law had been
  considered but did not have enough support to
  pass.

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What Is the Fair Housing Act?

• The 1968 Fair Housing Act made it illegal to
  discriminate against people in most types of
  housing transactions because of their race,
  color, religion, or national origin.
• In 1974, gender was added to the list.
• In 1988, disability and familial status were
  added to the list (in the Fair Housing Amendments
  Act)

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What groups of people does the Fair Housing Act
protect now?

• The FHA now protects people from being
  discriminated against in housing because of their
• Race
• Color
• Religion
• Gender
• National Origin
• Disability
• Familial status

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What is National Origin?

• National origin means where someone was born, or
  where their parents, grandparents, etc. were
  born.
• It may be hard to tell where a person was born,
  but there may be signs of his or her national
  origin, like an accent, that can lead to
  discrimination. The FHA makes it illegal to
  discriminate in housing for that reason.

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What groups of people does the Fair Housing Act
protect now?

• The FHA now protects people from being
  discriminated against in housing because of their
• Race
• Color
• Religion
• Gender
• National Origin
• Disability
• Familial status

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What is Familial Status?

• In general, familial status means whether or not
  there is a child under 18 in the household.
• It can also mean whether someone is pregnant, or
  getting legal custody or already has legal
  custody of one or more children under 18.
• Example It would be illegal under the FHA to
  refuse to rent to someone just because he has
  legal custody of his grandchild who is 16.

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What is Familial Status?

• The FHA makes it illegal for most housing
  providers to refuse to rent or sell housing to
  people because of their familial status.
• Exception Some housing is set aside by the
• government as Housing for Older Persons
• or Senior Housing. Special rules have to
• be met for housing to use this exception to
• the FHA.

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What groups of people does the Fair Housing Act
protect now?

• The FHA now protects people from being
  discriminated against in housing because of their
• Race
• Color
• Religion
• Gender
• National Origin
• Disability
• Familial status

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What counts as a disability under the FHA?

• Under the FHA, a disability is a physical or
  mental problem that largely limits one or more of
  a persons major life activities
• Having a record of such a problem or being
  regarded as having such a problem is also in the
  definition
• If a person has a record of having a disability
  in the past, that past disability cannot be used
  against them to keep them out of housing

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What counts as a disability under the FHA?

• Some examples of disabilities under the
• FHA are having a mental illness, a learning
• disability, past drug addiction, alcoholism,
• having a disease like HIV or AIDS, blindness,
• or having a hearing problem.
• The current use of illegal drugs is not covered
• under the FHA.

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What counts as a disability under the FHA?

• Landlords can refuse to rent to people who have
  been convicted in court of selling or making
  drugs.
• Landlords can also refuse to rent to a person who
  is a direct threat to someones health or safety,
  or to someone who would substantially damage the
  landlords property or the property of others.
• In order to prove this in court, the landlord has
  to have recent evidence to back up this claim.

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What types of actions are illegal under the FHA?

• We have learned that the FHA makes it
• illegal to discriminate in housing because of
• someones race, color, religion, national
• origin, gender, disability, or familial status.
• But what does this really mean?

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• This means that the FHA makes it illegal to do
  the
• following because of someones race, color,
  religion,
• national origin gender, disability, or familial
  status
• Refuse to rent or sell housing
• Refuse to negotiate on housing
• Deny someone a unit
• Example Putting all people of one race in one
  part of a building
• Make different rules for renting or selling
  housing
• Example Making a man pay a smaller rental
  deposit than a woman

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• This means that the FHA makes it illegal to do
  the
• following because of someones race, color,
  religion,
• national origin gender, disability, or familial
  status (continued)
• Give different housing services or facilities
• Example Having pools for one race only
• Claim that housing is not for rent or sale when
  it actually is
• This includes not allowing inspection of the unit
• Convince someone else, for profit, not to sell or
  rent a unit
• Deny someone membership in a facility or service
  that comes with the house
• Example Refusing to list a unit in a multiple
  listing service

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• This means that the FHA makes it illegal to do
  the
• following because of someones race, color,
  religion,
• national origin gender, disability, or familial
  status
• (continued)
• Refuse to make a mortgage loan
• Example Making loans to one race only
• Refuse to give information on loans
• Example Refusing to give loan information to
  someone with an accent
• Make different rules about a loan
• Example Different interest rates or fees for one
  race over another

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• This means that the FHA makes it illegal to do
  the
• following because of someones race, color,
  religion,
• national origin gender, disability, or familial
  status
• (continued)
• Discriminate in appraising the value of property
• Refuse to purchase a loan
• Set different rules for purchasing a loan

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It is also illegal under the FHA to

• Threaten or try to force or scare someone who is
  protecting his or her rights under the Fair
  Housing Act
• Make a statement or place an ad (in writing or by
  phone) that lists a preference for a renter or
  buyer of property based on their race, color,
  religion, national origin, gender, disability, or
  familial status

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Examples of Discriminatory Advertisement

• Ads that use certain words to limit the
• type of renter/buyer the person is looking
• for, such as
• Using the words No Men or Christians only in
  an ad to rent an apartment
• Using the words No immigrants or Couples only
  in an ad to sell a house

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Examples of Discriminatory Advertisement

• Ads that would keep certain people or
• groups of people from renting or buying
• housing in an area, such as
• Using the words Mostly Asian neighborhood or
  quiet, childless neighborhood in an ad to sell
  a home
• Using the words nearly all Christian families
  to rent a unit in an apartment building

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Does the FHA apply to all types of housing?

• The FHA covers most types of housing.
• Under the FHA, housing can be places that are
  rented or places that are bought.
• This means that apartments, condos, houses, and
  mobiles homes can all be covered by the FHA.

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What Housing Is NOT Covered by the FHA?

• There are some types of housing that are not
  covered by
• some parts of the FHA
• Buildings with no more than four units where the
  owner lives in one of the units
• Single-family homes that are sold or rented
  without a broker or agent
• The owner must have no more than 3 homes, must
  have not sold a house in the last 24 months, and
  does not use discriminatory advertising
• Housing run by private clubs where only club
  members live or by religious organizations in
  some circumstances (very limited exceptions)

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What Housing Is NOT Covered by the FHA?

• Dont Forget Even though those types of
• housing are not covered by the FHA, it is
• still illegal to threaten others or to use
• discriminatory advertising to rent or sell
• housing.

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What if I am disabled? Does the FHA give me other
rights?

• Yes. Under the FHA, if you or someone in your
  household is disabled, your landlord must let you
  make reasonable modifications to your unit or
  common areas if you need these to use the
  housing.
• The reasonable modifications must be paid for by
  the disabled person or family.
• If it is reasonable, your landlord can make you
  remove the reasonable modifications when you
  move.

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What are reasonable modifications?

• They are necessary physical changes to the
  housing or common areas to help a disabled person
  use the housing.
• Some examples of reasonable modifications are
• Having a doorway widened to fit a wheelchair
• Having a ramp added to a unit for a wheelchair
• Having grab bars added to a bath tub
• There are special rules for some newer
  buildings where these changes must already be
  made.

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What if I am disabled? Does the FHA give me other
rights?

• If you or someone in your household is disabled,
  you also have the right to have reasonable
  accommodations made if it will help you to use
  the housing.
• The cost of the reasonable accommodation is not
  paid for by the disabled person.
• A reasonable accommodation must be necessary to
  help the disabled person using the housing.

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What are reasonable accommodations?

• Reasonable accommodations are necessary changes
  to a landlords rules or policies to help a
  disabled person use the housing.
• Some examples of reasonable accommodations are
• Allow a seeing eye dog in a building where pets
  are not allowed
• Making disabled parking available in front of a
  unit for a disabled person

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Does South Carolina have a Fair Housing Law?

• Yes. South Carolinas Fair Housing Law (found at
  SC Code Ann. 31-21-10 et. seq.) is very similar
  to the federal law.
• The South Carolina Human Affairs Commission is
  the agency that oversees the SC Fair Housing Law
  (for non-federally funded properties)

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What can I do if I think my Fair Housing rights
have been violated?

• There are two main ways to protect your rights if
  you think you have been discriminated against in
  housing. You can take advantage of both of these
  options to better protect your rights.
• File a complaint
• File a lawsuit

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Filing a Complaint

• If you think you have been discriminated against
  in housing in violation of the federal FHA (i.e.,
  regarding federally-funded property), you can
  file a complaint with the U.S. Department of
  Housing and Urban Development (HUD)
• HUD has a complaint form that you fill out, or
  you can write your own letter to HUD.

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Filing a Complaint

• If you write your own letter to HUD, be sure to
  list
• Your name and address
• The name and address of the person you are
  complaining about
• The address of the housing that you were denied
  or removed from
• An explanation of what happened (including how
  you feel you were discriminated against)
• The date(s) that the action occurred

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Filing a Complaint

• If you live in South Carolina, the HUD office
  nearest you where you can send your complaint is
• Atlanta Regional Office of FHEOU.S. Department
  of Housing and Urban Development Five Points
  Plaza40 Marietta Street, 16th floor Atlanta,
  Georgia 30303-2806
• You can also call HUD with your complaint at
• 1-800-669-9777 or 1-800-440-8091.

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Filing a Complaint

• Your complaint to HUD must be made within one
  year from the date that the discriminatory action
  happened
• It is important that you keep records of any
  negative action taken against you, including the
  dates
• It is important that you file your complaint on
  time or else you may lose some protections

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Filing a Complaint

• Because SC has its own state fair housing law,
  there is also a state agency that takes
  complaints on housing discrimination for
  properties that are not federally-funded
• That agency is the South Carolina Human Affairs
  Commission
• You must file your complaint with the SC Human
  Affairs Commission within 180 days from the date
  that you were discriminated against.

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Filing a Complaint

• The South Carolina Human Affairs Commission can
  be reached at
• South Carolina Human Affairs Commission
• Fair Housing Unit
• 2611 Forest Drive, Suite 200
• P.O. Box 4490
• Columbia, SC 29204-4490
• Toll-free number 1-800-521-0725

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Filing a Complaint

• After your complaint is filed, it will be
• investigated
• Remember It is your right to file a complaint if
  
• you think you have been discriminated against in
• housing. In some cases, filing a complaint may
• help you delay in a discriminatory eviction or
• work out an agreement with the person who
• violated your rights.

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Filing a Lawsuit

• You can also file a lawsuit against someone who
• has discriminated against you in housing.
• Depending upon whether the housing at issue is
• federally-funded or funded by a state or local
• agency, a Fair Housing Case might be filed in
• federal court (FHA) or state court (South
  Carolina
• Fair Housing law)

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Filing a Lawsuit

• Federal FHA
• The federal FHA gives you two years to file a
  lawsuit against the person who discriminated
  against you. The two years starts from the date
  that the discriminatory action happened.
• South Carolina Fair Housing Law
• The state FHA gives you one year to file a
  lawsuit against the person who discriminated
  against you. The year starts from the date that
  the discriminatory action happened.

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Filing a Lawsuit

• In some cases, making an agreement during the
• complaint process may limit your ability to file
  a
• lawsuit. In other cases, the complaint process
• may be ended once you file a lawsuit. If you have
  
• a fair housing problem and think you may want
• to file a complaint or file a lawsuit on it, you
• should contact a lawyer as soon as you can to
  determine
• what course of action is best for your case.

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Other Federal Laws Available to Prevent Housing
Discrimination

• The Civil Rights Act of 1866
• Executive Orders 11063 / 12892
• Title VI of the Civil Rights Act of 1964
• Equal Credit Opportunity Act

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The Civil Rights Act of 1866

• This was the first civil rights legislation
  passed by Congress
• It was an attempt to enforce the 13th amendment,
  which outlawed slavery

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The Civil Rights Act of 1866

• Prohibits all racial discrimination, private and
  public, in the sale or rental of property
• Applies to state and federal entities, as well as
  private individuals
• Could apply in situations where the Fair Housing
  Act does not because provides no exemptions

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Executive Order 11063 Equal Opportunity in
Housing

• Signed by President Kennedy on November 21, 1962
• Prohibits housing discrimination on the basis of
  race, color, religion, and national origin
  relating to property where the federal government
  is involved
• Involvement includes being owned, operated, or
  financed in whole or part by the federal
  government

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Executive Order 11063 Equal Opportunity in
Housing

• Has been amended to cover gender-based
  discrimination, discrimination against families
  with children, and discrimination against people
  with disabilities
• President Clinton signed Executive Order 12892,
  which strengthens the federal governments
  commitment to protecting against housing
  discrimination

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Title VI of the Civil Rights Act of 1964

• Outlaws discrimination based on race, color, and
  national origin in any program or activity that
  receives federal financial assistance
• Applies primarily to public housing

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Equal Credit Opportunity Act

• Prohibits creditors, like banks, from
  discriminating against applicants on the basis of
  race, color, religion, national origin, sex,
  marital status, age, or source of income
• Applies to all aspects of a credit transaction

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Additional Federal Laws

• Housing and Community Development
• Act of 1974
• Prohibits discrimination in federally-assisted
  community development activities

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Additional Federal Laws

• Section 504 and Title II of the Americans with
• Disabilities Act
• Give protections against discrimination for
  persons who are disabled
• Section 504 covers public and federally
  subsidized housing
• Title II of the ADA covers housing subsidized by
  state or local agencies

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If You Need Legal Help

• South Carolina Legal Services
• Call LATIS at 1-888-346-5592
• SC Bars Lawyer Referral Service
• Call 1-800-868-2284