Questions and Answers about Fair Housing Laws

Question: Do the Fair Housing Laws apply to all housing transactions?

Answer: Yes, except for the following limited exemptions:

• The rental of a unit in a multi-family dwelling with not more than four units where the owner (or a member of the owner's family) lives in one of the units
•  The rental of a room or rooms in a private house where the owner (or a member of the owner's family) lives in the house
• Lodging owned or operated by private clubs which give preference to their members
• Religious, charitable, or educational institutions or organizations which are operated, supervised, or controlled by religious institutions or organizations that give preference in real estate transactions to their members, provided the organization does not exclude members of a protected category
• Single-sex dormitories

Discriminatory Practices and Fair Housing Laws

Question: What are some common unlawful acts of discrimination?

Answer: Refusing to sell, rent or negotiate - It is against the law to take any of the following actions because a person is a member of one of the protected categories:

• To refuse to engage in a real estate transaction
• To refuse to rent or sell housing
• To discriminate in terms, conditions, or privileges for the sale or rental of housing
• To refuse to receive or fail to transmit a bona fide offer to engage in a real estate transaction
• To indicate that housing is not available when it actually is available
• To discriminate by providing different facilities or services
• To refuse to negotiate for housing

Steering - Discouraging a person from seeking housing in a particular community, neighborhood, or development because the person is or is not a member of a protected category. For example, a real estate agent shows a black person housing in predominately black neighborhoods and a white person housing in predominately white neighborhoods.

Interference, coercion, or intimidation - Trying to limit the benefits of renting or buying housing in an area because the person is a member of one of the protected categories. This includes trying to coerce, threaten, intimidate, retaliate against, or interfere in any way with the use and enjoyment of housing.

Discriminatory advertising - Advertising or making any statement which indicates directly or indirectly an intent to make a limitation, specification, or to discriminate with respect to members of one of the protected categories.

Blockbusting - (also referred to as panic peddling)  - Trying, in a direct or subtle way, to scare a person into moving out of a neighborhood by representing that a person from one of the protected categories is considering or is in fact moving into the neighborhood. For example, stating that the neighborhood would decline or that the crime rate would increase if members of a protected category moved into the neighborhood would be unlawful.

Redlining - Being denied or subjected to stricter conditions in applying for a loan on property in a particular area because of the racial composition of the area, including loans to purchase, construct, improve, repair, or maintain housing.

Question: Can a person other than the seller or landlord be guilty of violating the Fair Housing Laws?

Answer: Yes. Anyone involved in the real estate transaction who discriminates based on a protected category has violated the fair housing laws. For example, a local banker informs a real estate agent that if the agent allows anyone else with kids to move into the neighborhood, the bank will not do business with the agent or the agent's customers.

Question: Does an owner have to rent or sell to a person just because he or she is in a protected category? 

Answer: No. Owners may rent or sell to whomever they choose as long as their decisions are not based on the fact that a would-be tenant or buyer is a member of a protected category. If someone is from a protected category becomes a tenant, the owner may hold that tenant to the same standard of performance and behavior as everyone else.

Question: Can landlords protect themselves from complaints of discrimination when they reject someone from a protected category?

Answer: Yes. A landlord should have detailed standards for deciding who is acceptable as a tenant and who is not. However, these standards may not be based upon a prospective tenant's membership in a protected category. Such standards are particularly important in decisions to reject a tenant applicant because of poor credit, and to place would-be tenants on a "waiting list." The landlord should then apply these standards equally to every tenant applicant. If a waiting list is used, the landlord must make sure that every applicant who is told that his or her name will be placed on the list is indeed put there and that, as an applicant's name comes up, the applicant is notified of this fact.

The purpose of the Fair Housing Laws are to protect a person's right to own, sell, purchase, or rent housing of his or her choice without fear of unlawful discrimination. The Fair Housing Laws are intended to allow everyone equal access to housing.

State and Federal Fair Housing laws prohibit discrimination in the housing market on the basis of race, color, sex, religion, national origin, handicap, or familial status.  To discriminate against a person on the basis of his or her membership in one of these protected categories is against the law.