The Fair Housing Act

The Federal Fair Housing Act came about after a long and difficult journey in the United States. Besides being known as the Fair Housing Act, it is known as Title VIII of the United States Civil Rights Act of 1968 (1988 amendments) and 43 United States Civil Code 3601 et seq.

The Federal Fair Housing Act was signed into law by President Lyndon Johnson on April 11, 1968. Dr. Martin Luther King, Jr. had been assassinated just seven days prior. President Johnson utilized this event to bring a swift change to an industry that was rife with discrimination.

The federal law protects the following classes against discrimination:

• • Race or Color
• • Religion
• • Sex
• • National Origin
• • Familial Status
• • Disability

In the amendment of 1988, the protected classes of familial status and disability were added. Familial status protects anyone with children or planning to have children, which includes pregnant women. Housing cannot be refused on the basis of a disability or requests for reasonable accommodations denied.

TO QUALIFY FOR FAMILIAL STATUS

The Adult must be one of the following:

• • The child’s parent
• • The legal custodian of the child
• • The “designee” of the child’s parent or legal custodian, with that person’s written permission

The child must be all of the following:

• • Under eighteen years old
• • Biological, adopted, or designated by written permission

The ways to in which discrimination occurs are not always clear cut. The terms, conditions, or privileges may not cause a protected class to be singled out. This is true in most real estate transactions, including, but not limited to sales, leases, or while providing services or facilities. Not all discrimination is done with the intent to be discriminatory.

The licensee must be aware of the terms, conditions, and privileges that their clients are putting forth. It is their job to follow the lawful actions of their clients. However, the licensee can face consequences if their client is asking for something that is unlawful.

There is an exemption to providing reasonable accommodations for a disabled person (SEE APPENDIX FOR LINK). If the request will place an undue financial burden on the owner or property manager, they are not required to comply with the accommodation. However, it is wise for the licensee to keep in mind that the only way to prove this in a court of law is with accurate record keeping.