Fair Housing Laws: Who Are They For?

Fair housing laws apply to nearly all housing, including private housing, public housing, and housing that receives federal funding. The laws also apply to direct housing providers such as landlords and real estate companies, as well as other entities like municipalities, banks, lending institutions, and homeowners insurance companies. These laws prohibit discrimination in housing based on race, colour, religion, sex, disability, familial status, and national origin. They also cover additional areas like rental, sale, mortgage lending, and advertising.

Landlords and tenants

For instance, landlords cannot refuse to rent or negotiate, set different terms or conditions, or make housing unavailable based on these protected characteristics. They must also make reasonable accommodations for tenants with disabilities, such as allowing service animals or making modifications to the premises. In addition, landlords are prohibited from running ads with discriminatory language or using different qualifying processes for different tenants.

Tenants, on the other hand, have the right to fair treatment and equal access to housing. They are protected from discrimination in renting, buying, and financing housing. If a tenant feels they have been discriminated against, they can file a complaint with the Department of Housing and Urban Development (HUD) or file their own lawsuit. HUD will investigate the complaint and pursue legal action on the tenant's behalf if necessary. Tenants can also seek assistance from local organisations, such as the State Human Rights Office, depending on their location.

In summary, fair housing laws apply to both landlords and tenants, ensuring that tenants are treated fairly and protected from discrimination, and that landlords adhere to these laws during all landlord-tenant interactions.

Homeowners insurance

The Fair Housing Act prohibits discrimination in the provision of homeowners insurance. This means that insurance companies cannot discriminate against the owner and/or occupants of a dwelling on the basis of their race, colour, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin.

The Act also prohibits insurance companies from refusing to provide or discriminating in the terms or conditions of homeowners insurance on the basis of the protected characteristics listed above. This includes charging different rates or offering different policies based on these characteristics.

In addition to the federal Fair Housing Act, some states have their own fair housing laws that provide additional protections. For example, the New York State Human Rights Law provides additional protection based on age, marital status, military status, sexual orientation, gender identity, and lawful source of income.

It is important to note that Fair Housing laws apply to various entities, including insurance companies, and prohibit discrimination in various transactions, such as purchasing homeowners insurance.

FAIR Plans (Fair Access to Insurance Requirements) are another option for homeowners who may not qualify for coverage through the traditional market due to residing in high-risk areas. These plans are state-sponsored and are available in 32 states and Washington, D.C. FAIR Plans are backed by a pool of insurance companies and typically only offer coverage for catastrophes, such as fire, vandalism, riot, and windstorm damage.

Rental, sales, mortgage

Fair Housing Laws apply to nearly all housing types, including private housing, public housing, and housing that receives federal funding. The laws are designed to protect people from discrimination when renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.

Rental

When it comes to renting a home, fair housing laws prohibit discrimination based on race, colour, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin. It is illegal to refuse to rent, refuse to negotiate, or otherwise make a dwelling unavailable due to these factors. Landlords cannot set different terms, conditions, or privileges for rental properties based on these protected characteristics. Additionally, they must provide equal housing services and facilities, and ensure that any advertising or notices related to the rental do not indicate any preference, limitation, or discrimination.

Sales

In the sale of housing, fair housing laws also prohibit discrimination based on the same protected characteristics. It is illegal to refuse to sell a property, refuse to negotiate, or make a property unavailable for sale due to a person's race, colour, religion, sex, disability, familial status, or national origin. Sellers and real estate agents cannot set different prices or use different qualification criteria based on these factors. Any advertising or notices related to the sale must not indicate any form of discrimination.

Mortgage

Fair housing laws also protect individuals seeking a mortgage or other financial assistance for a dwelling. It is illegal to refuse to provide a mortgage loan or discriminate in the terms and conditions of the loan, such as interest rates or fees, based on race, colour, religion, sex, disability, familial status, or national origin. Lenders must provide equal information and treatment during the loan application process and cannot discriminate in appraising the dwelling.

Overall, fair housing laws ensure that individuals are not discriminated against when seeking rental properties, purchasing homes, or obtaining mortgages. These laws cover a wide range of housing-related activities and aim to protect individuals from unfair treatment due to their protected characteristics.

Race, colour, religion, sex, disability, familial status, national origin

Fair Housing Laws apply to everyone, protecting people from discrimination when renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. The laws apply to all types of housing, including private housing, public housing, and housing that receives federal funding.

The Fair Housing Act prohibits discrimination based on race, colour, religion, sex, disability, familial status, and national origin.

Race

Under the Fair Housing Act, race refers to whether a person is White, Black/African American, Asian, American Indian or Alaska Native, Native Hawaiian or Pacific Islander, or some mixture of two or more of these groups. It is illegal for housing providers to treat someone differently because of their actual race, perceived race, or because they are multiracial or in an interracial relationship. Race discrimination can also occur when housing providers give false information about the availability of housing or steer homeseekers to certain areas based on race.

Colour

Colour refers to the visible colour of a person's skin, and it is illegal for housing providers to treat someone differently because of their skin colour, regardless of whether the person has lighter or darker skin. Colour discrimination can involve someone of a different race or the same race. For example, a landlord who only rents to light-skinned people of a particular race while discriminating against darker-skinned people of the same race would be engaging in colour discrimination.

Religion

The Fair Housing Act prohibits housing providers from treating renters or homebuyers differently because of their religion, religious clothing, or religious practices and rituals. "Religion" includes the practice and non-practice of religion, such as atheism, as well as religions outside the mainstream. However, a housing provider is not required to provide an accommodation that violates a neutrally applied rule for a person with religious needs. Discrimination based on religion includes refusing to rent or sell, charging more, or offering different terms and conditions to someone because of their religion.

Sex

The Fair Housing Act prohibits discrimination based on sex, including gender identity and sexual orientation. This includes refusing to rent or sell housing, refusing to negotiate, setting different terms or conditions, providing different services or facilities, and imposing different sales prices or rental charges based on sex. It is also illegal to harass or retaliate against someone because of their sex or to discriminate in mortgage lending practices.

Disability

Housing providers must make reasonable accommodations and allow reasonable modifications to enable persons with disabilities to enjoy their housing. Certain multifamily housing must be accessible to persons with disabilities.

Familial Status

The Fair Housing Act prohibits discrimination in housing against families with children under 18, pregnant individuals, persons in the process of obtaining legal custody, or persons with written permission from a parent or legal guardian. This includes refusing to rent to families with children, evicting families once a child joins the family, imposing restrictive rules on children's use of common areas, and advertising that prohibits children. The Act provides an exemption for "housing for older persons," including certain senior housing facilities and communities.

National Origin

National origin refers to a person's birthplace, ethnicity, ancestry, culture, and language. It is unlawful for housing providers to treat someone differently because of their national origin, including birthplace, ethnicity, or ancestry. This includes refusing to rent or sell, charging additional fees, discouraging certain communities, and refusing maintenance based on national origin. Selective enforcement of language-related housing policies may also violate the Fair Housing Act.

Discrimination in advertising

The FHAct's definition of advertising is broad and includes print and online advertisements, materials such as brochures or applications, television and radio ads, and even speech. All verbal communication that occurs in person or over the phone to a prospective tenant, homebuyer, or borrower is considered a form of advertising.

Examples of discriminatory advertising phrases include "no kids," indicating discrimination on the basis of familial status, and "no wheelchairs," indicating disability discrimination. More subtle forms of discrimination can also occur, such as targeted marketing that excludes persons in protected classes or certain neighbourhoods because of the predominant race or ethnicity of the residents.

It is important to note that discriminatory advertisements are not subject to exceptions provided under other sections of the FHAct, such as owner-occupied housing or multifamily housing with four or fewer units. All housing is covered by the law, which prohibits any illegal advertising for an apartment, home, mortgage loan, homeowners insurance, or any real estate-related transaction.

As a housing provider, it is your responsibility to know and comply with federal, state, and local laws regarding fair housing and advertising. Ignorance of the law is not a legal defence for discrimination. To ensure compliance, basic advertising guidelines suggest focusing on the property and its amenities, rather than on who you think the ideal renter would be. It is also important to always include the fair housing logo and/or the "Equal Housing Opportunity" slogan in your advertising.

Frequently asked questions