Thursday, September 29, 2011

Fair Housing

As Landlords and property managers, we have laws that we have to follow to ensure that we treat everyone fairly.  One of those is The Fair Housing Law.  The primary purpose of the Fair Housing Law of 1968 is to protect the buyer/renter of a dwelling from seller/landlord discrimination. Its primary prohibition makes it unlawful to refuse to sell, rent to, or negotiate with any person because of that person's inclusion in a protected class. 


When the Fair Housing Act was first enacted, it prohibited discrimination only on the basis of race, color, religion, sex and national origin. In 1988, disability and familial status were added. 
Protected class is a term used in United States Anti Discrimination Law. The term describes the characteristics or factors that cannot be targeted for discrimination and/or harassment. The following characteristics are considered "Protected Classes" and persons cannot be discriminated against based on these characteristics:  race, age, gender, religion, disability or familial status.  In some jurisdictions gender bias and sexual orientation have been added. 


The first Fair Housing Act was The Fair Housing Act of 1968, also known as Title VIII of the Civil Rights Act of 1968. Congress passed the act in an effort to impose a comprehensive solution to the problem of unlawful discrimination in housing based on race, color, sex, national origin, or religion. The Fair Housing Act has become a central feature of modern Civil Rights enforcement, enabling persons in the protected classes to rent or own residential property in areas that were previously segregated. The Dept of Housing and urban Development (HUD) is charged with enforcement of the act. It issues regulations and institutes investigations into discriminatory housing practices.

In my years as a property manager I have dealt with and heard about a lot of owners where not aware of Fair housing and said some questionable things. Once the law was explained to them they usually complied. There was one owner that asked what color the applicant was. There was another who asked what race the applicants were and even though that information was not given to him, he figured it out from their last name.  He declined the applicants because he felt that particular race would cook smelly things and ruin the kitchen.  I kid you not. Yes there really are people who are still that ignorant. 

No comments:

Post a Comment