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Fair Housing Act - Equal Credit Opportunity Act
Know Your Rights and Your Responsibilities

The following text is quoted from the U.S. Department of Housing and Urban Development (HUD) located at www.hud.gov.  We are providing this text for your convenience; however, it is recommended that you visit the www.hud.gov website for more details about both your rights and responsibilities when it comes to the fair housing act and equal credit opportunity act.

Quoted from http://www.hud.gov/offices/fheo/FHLaws/index.cfm

“Fair Housing Act

Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).”

The following text is quoted from http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm

“Basic Facts About the Fair Housing Act

What Housing Is Covered?

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.

What Is Prohibited?

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.

In Mortgage Lending: No one may take any of the following actions based
on race, color, national origin, religion, sex, familial status or handicap (disability):

  • Refuse to make a mortgage loan
  • Refuse to provide information regarding loans
  • Impose different terms or conditions on a loan, such as different interest rates, points, or fees
  • Discriminate in appraising property
  • Refuse to purchase a loan or
  • Set different terms or conditions for purchasing a loan.

In Addition: 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.

Additional Protection if You Have a Disability

If you or someone associated with you:

  • Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
  • Have a record of such a disability or
  • Are regarded as having such a disability

your landlord may not:

  • Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
  • Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.

Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.

Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.

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.

Requirements for New Buildings

In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:

  • Public and common areas must be accessible to persons with disabilities
  • Doors and hallways must be wide enough for wheelchairs
  • All units must have:
    • An accessible route into and through the unit
    • Accessible light switches, electrical outlets, thermostats and other environmental controls
    • Reinforced bathroom walls to allow later installation of grab bars and
    • Kitchens and bathrooms that can be used by people in wheelchairs.

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 ground floor units.

These requirements for new buildings do not replace any more stringent standards in State or local law."

Know Your Rights and Responsibilities

Sellers' Responsibilities

As a home seller or landlord, you are obligated not to discriminate in the sale, rental or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin. Also, you cannot do so through your licensed broker or salesperson, who is also bound by anti-discrimination laws. You may not set any discriminatory terms or conditions in a purchase contract or a lease. Additionally, you may not deny that housing is available or advertise a property's availability only to persons of a certain race, color, religion, sex, disability, familial status or national origin.

 

Real Estate Professionals' Responsibilities

Real Estate agents, mortgage brokers and loan officers in a real estate transaction may not discriminate on the basis of race, color, religion, sex, disability, familial status or national origin. Equally as important, they may not follow such instructions from a homeseller or landlord.

What to Do if You Feel Your Rights Have Been Violated

Discrimination complaints about housing may be filed with the nearest office of the U.S. Dept. of Housing and Urban Development (HUD).  HUD is ready to help with any problem of housing discrimination. If you think your rights have been violated, the Housing Discrimination Complaint Form is available for you to download, complete and return, or complete online and submit, or you may write HUD a letter, or telephone the HUD Office nearest you. You have one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible.

HUD Contact info:

U.S. Department of Housing and Urban Development

451 7th Street S.W., Washington, DC 20410

Telephone: (202) 708-1112   TTY: (202) 708-1455

 http://www.hud.gov/complaints/index.cfm

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