Fair Housing
This is the first article of a two part series on Fair Housing Laws. The second article goes into detail about reasonable accommodation and modification, a specific function of Fair Housing for people with disabilities. For more information, please refer to the Reasonable Accommodation and Modification article in the Housing Planning Library.
Fair Housing - Defined
Every American has a right to fair housing, in dignity, and without fear of discrimination. Based on Federal laws, housing cannot be denied to anyone because of race, color, national origin, religion, sex, disability, familial status. In Michigan, marital status and age are also protected.
For clarity, we will define a couple words from the Fair Housing Statement below:
Disability: A disability is defined as a physical or mental impairment which substantially limits a major life activity.
A substantial impairment is generally a comparison to the "average person," especially in mental impairments. For example, a person may find that depression substantially limits sleeping, a major life activity, compared to how much sleep a person would typically get each night.
Familial status: Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:
• A parent
• A person who has legal custody of the child or children or
• The designee of the parent or legal custodian, with the parent or custodian's written permission.
• pregnant women and anyone securing legal custody of a child under 18
As indicated earlier, housing for older persons may be exempt from this rule.
What is Covered by Fair Housing
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.
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 or age:
• 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.
In Mortgage Lending: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status, age or handicap:
• Refuse to make a mortgage loan
• Refuse to provide information regarding loans
• Impose different terms or conditions on a loan
• Discriminate in appraising property
• Refuse to purchase a loan or
• Set different terms or conditions for purchasing a loan.
It is illegal for anyone to:
• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right
• Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
New Buildings: Buildings with an elevator, and with four or more units, and are ready for first occupancy after March 13, 1991 must have:
• Public and common areas must be accessible to persons with disabilities
• Doors and hallways must be wide enough for wheelchairs
• Reinforced bathroom walls to allow later installation of grab bars
• Kitchens and bathrooms that can be used by people in wheelchairs
• All units must have an accessible light switches, electrical outlets, thermostats and other environmental controls
If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to only the ground floor units.
Additional Protection for people with Disabilities:
Along with reasonable accommodation a landlord may not refuse requests to reasonable modifications to a dwelling or common use areas, at one's own expense, if necessary for the handicapped person to use the housing. However, housing need not be made available to a person who is a direct threat to the health or safety of others, or who currently uses illegal drugs. To read more about reasonable accommodation and modification go to the second article on Fair Housing.
How to file a Fair Housing Complaint.
If a fair housing right has been violated fill out a Housing Discrimination Complaint form, write HUD a letter, or call the HUD Hotline. One has one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible. The following information should be included in your complaint:
• Your name and address
• The name and address of the person your complaint is against (the respondent)
• The address or other identification of the housing involved
• A short description of the alleged violation (the event that caused you to believe your rights were violated)
• The date(s) of the alleged violation
Send the Housing Discrimination Complaint Form or a letter or call the HUD office nearest you:
Michigan Department of Civil Rights: 1-800-482-3604, TTY: 877-878-8464, www.michigan.gov/mdcr
Office of Fair Housing and Equal Opportunity
U. S. Department of Housing and Urban Development
Room 5204
Washington, D.C. 20410-2000
1-800-669-9777. (In Washington, D.C. call 708-0836.)
If, after investigating your complaint, HUD finds reasonable cause to believe that discrimination occurred, it will inform you. Your case will be heard in an administrative hearing within 120 days, unless you or the respondent wants the case to be heard in Federal district court. Either way, there is no cost to you.
If your case goes to an administrative hearing HUD attorneys will litigate the case on your behalf. You may intervene in the case and be represented by your own attorney if you wish. An Administrative Law Judge (ALJ) will consider evidence from you and the respondent. If the ALJ decides that discrimination occurred, the respondent can be ordered:
• To compensate you for actual damages, including humiliation, pain and suffering.
• To provide injunctive or other equitable relief, for example, to make the housing available to you.
• To pay the Federal Government a civil penalty to vindicate the public interest. The maximum penalties are $10,000 for a first violation and $50,000 for a third violation within seven years.
• To pay reasonable attorney's fees and costs.
If you or the respondent chooses to have your case decided in Federal District Court, the Attorney General will file a suit and litigate it on your behalf. Like the ALJ, the District Court can order relief, and award actual damages, attorney's fees and costs. In addition, the court can award punitive damages.
An individual has the right to file a complaint with Department of Civil Rights; within 180 days. Some individuals hire an attorney to file a complaint. To find out if an attorney is needed and to get information about the process of filing a civil rights complaint contact:
Detroit Executive Office
Cadillac Place
3054 West Grand Boulevard, Suite 3-600
Detroit, MI 48202
Phone: (313) 456-3843 (800) 482-3604 TTY (877)878-8464
Lansing Executive Office
Capitol Tower Building, Ste. 800
Lansing, MI 48933
Phone: (517) 335-3165, Fax: (517) 241-0546, TTY: (517) 241-1965
Email: MDCR-INFO@michigan.gov
If living in HUD subsidized housing, a complaint may be filed to the Department of Housing and Urban Development within 1 year of being denied a request. For information and to make a complaint to HUD call: (800)669-9777 / TDD (800)927-9275. If a complaint is made to HUD within 180 days of the last time the landlord ignored or denied a request, the case will be automatically transferred to the Department of Civil Rights.
Laws:
Fair Housing Act: Title VIII of the Civil Rights Act of 1968, as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing related transaction, based on race, color, national origin, religion, sex, familial status and disability.
Title VI of the Civil Rights act of 1964: Prohibits discrimination on the basis of race, color or national origin in programs and activities receiving federal financial assistance.
Title II of the Americans with Disabilities Act of 1990: prohibits discrimination based on disability in programs, services and activates provided or made available by public entities. HUD enforces title II when it relates to state and local public housing, housing assistance and housing referrals.