Fair Housing Law: Does It Apply To Your Home?

The Fair Housing Act (FHA) is a federal law that protects tenants and homebuyers from housing discrimination. It applies to most housing situations across the country, including all 50 states, Washington, D.C., and U.S. territories. The FHA prohibits discrimination based on race, colour, religion, sex, disability, familial status, and national origin. While the FHA covers most housing types, there are some exemptions, such as owner-occupied buildings with no more than four units and single-family houses sold or rented directly by the owner without a broker. State and local fair housing laws may provide additional protections and cover a broader range of properties. Understanding the applicability of the FHA to rooms in your home is crucial to ensure compliance with fair housing laws and create an inclusive living environment.

Owner-occupied buildings with four or fewer units

The Fair Housing Act (FHA) applies to most housing situations, but there are some exemptions. One such exemption includes owner-occupied buildings with no more than four units. In these cases, the FHA generally does not apply when a building has two to four units, and the owner lives in one of them.

It is important to note that even if a property is exempt from the FHA, it must still comply with the law's ban on issuing discriminatory statements, notices, or advertisements. This means that when sharing a living area in a single dwelling, the owner or occupant may state or imply that the housing is available only to persons of one sex. However, the owner still cannot make, print, or publish discriminatory statements, notices, or advertisements.

In addition, state laws can have different exemptions, and sometimes a state’s exemptions may not coincide with the Federal Fair Housing Act’s exemptions. For example, in Massachusetts, the state's fair housing law generally applies to all but owner-occupied, two-family houses. Therefore, it is important to consult local and state laws in addition to the FHA to understand the specific exemptions that may apply.

Furthermore, individuals and companies that provide residential property management are never exempt from the FHA because they are viewed as "being in the business of housing." This includes a condo owner's association, which is never exempt from the requirements of the Act.

Single-family homes rented without a broker

The Fair Housing Act (FHA) protects tenants and homebuyers from housing discrimination. It applies across the country, including all 50 states, Washington, D.C., and all U.S. territories and possessions.

The FHA applies to most housing situations, but there are some exemptions. One such exemption is for single-family homes rented or sold without a broker, as long as the owner does not own more than three houses. In this case, the FHA does not apply, and the owner can rent or sell the property without being subject to the FHA's provisions.

However, it is important to note that even if a property is exempt from the FHA, there may still be local or state fair housing laws that apply. For example, in Massachusetts, the state's fair housing law applies to all but owner-occupied, two-family houses. Additionally, even if the FHA does not apply, there are still many reasons not to discriminate in housing practices. Fair housing advocates stress that being more inclusive can lead to a better chance of growing your business and attracting quality tenants.

Furthermore, while the FHA provides exemptions for certain types of housing, it is still illegal to make, print, or publish discriminatory statements, notices, or advertisements regarding the sale or rental of those properties. This prohibition on discriminatory advertising applies to all housing, regardless of any exemptions.

In conclusion, while single-family homes rented or sold without a broker may be exempt from the FHA under certain conditions, property owners must still be mindful of other fair housing laws and the potential benefits of inclusive housing practices. Additionally, discriminatory advertising is prohibited across the board.

Religious organisations and private clubs

The Fair Housing Act (FHA) protects tenants and home buyers against housing discrimination. The FHA applies to most housing situations across the United States, including its territories and possessions. However, there are some exemptions to this Act, including religious organizations and private clubs.

Religious Organizations

Religious organizations that lease apartments at a property that is not operated for commercial purposes may legally limit occupancy or give preference to people of their religion. However, this exception is strictly limited to religion. Religious organizations must not discriminate based on race, color, or national origin. Additionally, they cannot discriminate based on "creed", which refers to the perception of a faith/belief system by others, such as through an individual's dress, symbols in their home, jewelry, or other items that may lead to discrimination.

Private Clubs

If leasing apartments on behalf of a private club and not for a commercial purpose, the FHA allows private clubs to limit occupancy to members of their club.

It is important to note that even if a property is exempt from the FHA, it must still comply with the law's ban on issuing discriminatory statements, notices, or advertising. Additionally, there may be local or state fair housing laws that prohibit additional forms of discrimination or cover a greater number of properties.

Senior housing

To qualify as "senior housing", a residence must meet specific legally defined requirements, which may include a minimum number of units, age-based residency limits, and design features. For example, at least 80% of the units in a "55 or older" community must have at least one occupant aged 55 or older, and the community must publish and adhere to policies demonstrating this intent. Additionally, the community must comply with HUD's regulatory requirements for age verification of residents.

It is important to note that even if a property is exempt from the FHA due to its senior housing status, it must still comply with the law's ban on issuing discriminatory statements, notices, or advertising. This means that while senior housing communities may legally limit occupancy based on age, they cannot discriminate based on other protected characteristics such as race, colour, religion, sex, disability, or national origin.

In addition to federal laws, local fair housing laws may offer additional protections for seniors. For example, in Cuyahoga County, Ohio, several cities have laws that protect against housing discrimination based on age. These laws ensure that seniors can age in place and maintain their independence as they grow older.

Discrimination in housing based on disability

Discrimination against people with disabilities is prohibited by the Fair Housing Act (FHA). This applies to most housing situations across the US, including all 50 states and Washington, D.C., as well as all US territories and possessions. The FHA prohibits any discrimination in the rental or sale of housing, or in the provision of housing-related services. This includes refusing to rent or sell housing, refusing to negotiate, setting different terms or conditions, and making housing unavailable.

The FHA also requires housing providers to make reasonable accommodations and allow reasonable modifications to enable people with disabilities to enjoy their housing. This could include adding a ramp, widening doorways, or installing safety features. Certain multifamily housing must also be accessible to people with disabilities.

In addition to the FHA, there are other federal laws that offer anti-discrimination protections, such as the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973.

At the state level, the California Civil Rights Department (CRD) enforces fair housing laws that make it illegal to discriminate against or harass someone because of a protected characteristic, including disability. The law requires reasonable accommodations for disabilities and prohibits retaliation against those exercising their rights. The Missouri Human Rights Act also makes it illegal to discriminate in housing on the basis of disability and requires landlords to allow reasonable modifications.

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