Title VIII of the Civil Rights Act of 1968, 42U.S.C.A. §§ 3601-3631, (the Fair Housing Act or FHA) came about to protect buyers from many forms of discrimination. More to the point, the Act explicitly protected individuals from discriminatory housing decisions based entirely on color, race, religion, national origin, sex, family status or disability. The act actually made housing fairness a civil right which could be enforced in Federal Court if no other resolution could be reached.
Even though most housing transactions are covered by the Act, it did allow for some exemptions. For example, the Act is inapplicable to sales or financial transactions involving owner-occupied buildings, single-family housing that is rented or sold without a broker, and housing owned and operated by private groups or foundations. In 1988, the Act was further amended to exempt senior housing from the Fair Housing Act, with special emphasis on the rules related to selling to all types of individuals.
Congress decided that qualified senior housing facilities could exclude families that have children without violating the Act. This was further amendment in 1995 to state that senior housing facilities did not have to provide special elderly facilities. In order for a facility to qualify as senior housing, it must have at least 80% of the units within occupied by at least one person who is 55 or older.
Other than the detailed exemptions, sellers are forbidden from refusing to sell property, make housing available for sale, setting sale restrictions or terms different from those already set, and/or from providing different housing for individuals protected under the Act.
If a protected person is seeking a loan, mortgage lenders cannot refuse to provide mortgage loan information. If the protected person qualifies for a loan under the terms provided by the lender, then the lender cannot refuse to grant a protected person a mortgage loan. A lender cannot set different terms, conditions or rates on a mortgage loan for a person who is protected by the Act. Although discriminatory practices are not as overt and rampant as they were when the Act was passed, they do occur, and the person who is affected has legal recourse in order to seek redress.
Anyone who feels that he/she has been subjected to housing discrimination must file a complaint with HUD. This is done by submitting an online form, filling out and mailing a form to HUD or calling a HUD office. The alleged violator will be contacted and given an opportunity to respond to the complaint. Then there is an investigation to determine whether there is any just cause for the complaint. Both parties are notified within 100 days and told whether there is a potential violation of the FHA.
If there has been a violation, then the violator is given a chance to address and correct the actions. If no actions are taken by the violator, there will be a hearing before an administrative judge from HUD. Either party may choose to have the case moved from the HUD courts to Federal Court and have the case heard as a civil action.
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