What is Fair Housing?
Fair Housing is the right of every person to live where
they choose, with dignity and without discrimination. Fed-
eral and State Laws forbid discrimination based on certain
characteristics, in the rental or purchase of homes, as well
as a broad range of other housing-related transactions,
such as advertising, mortgage lending, homeowner's insurance and zoning.
Protected groups Federal, State and local laws protect
persons from discrimination and harassment in housing
accommodations. In California, discrimination based on
race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, familial status, source of income,
or disability of that person is prohibited. It is also illegal to
discriminate on the basis of an individual’s personal char-
acteristics or traits, according to California Supreme Court.
Discriminatory Practices These essentially fall into two categories. Both are prohibited by law:
Intentional Discrimination: A housing provider treats
someone differently because of the person’s membership
in, or association with, a protected group. For example, all
your tenants are white and you decide not to rent to any
other race.
Disparate Impact: Policies and practices applied
equally to all persons, that appear neutral but that may
have an unintended but disparate or unequal effect on
members of a protected class. For example, a policy stat-
ing that any tenants involved in domestic disturbances or
abuse will face eviction. Since 90-95% of all domestic vio-
lence victims are women, this policy may have a disparate
impact based on gender, a protected class.
Be aware that advertisements and notices can also have a
disparate impact and would be discriminatory.
Under the Law non-discriminatory treatment is required
in all housing-related activities such as:
• Written and oral inquiries
• Advertisement
• The application, selection and rental process
• Terms and conditions of occupancy
Enforcement, Responsibility and Remedies
If you are engaged in an unlawful practice, an aggrieved
party can file a complaint with the Federal or State
Comission or a civil action against you in Federal or
State Court. If discrimination is found:
You may have to rent to the complainant and pay actual
and compensatory damages, punitive damages and the
attorney’s fees if they filed a court case, and fines and
damages it they filed an administrative case.
Federal law is enforced by HUD’s Office of Fair Housing
and Equal Opportunity, (FHEO). In California, the Law is
enforced by the State Department of Fair Employment
and Housing ( DFEH )
Agents and Employees You should be sure your
employees or agents follow the law and train them to
recognize fair housing situations.You are not only legally
responsible for your actions but also those of your
employees and agents. (except if they acting outside the
scope of their employment or apparent authority).
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