The Real Deal
Renting or selling? Be fair-- it's the law
A recent study commissioned by the U.S. Department of Housing and Urban Development shows that many people still do not know what are illegal housing practices, as defined in the Fair Housing Act passed in 1968.
While some people recognize that it is illegal to rent only to a certain race or religion, or to request higher down payments based on race, many are not aware that it is illegal to discriminate against families with children. Or that it is unlawful to refuse to make accommodations for the disabled or discriminate against someone with a mental disability.
The Fair Housing Act prohibits discrimination in housing on the basis of race or color, national origin, religion, sex, disabilities, and family status (including discrimination against children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18).
When selling or renting, the owner or landlord must not discriminate based on the criteria outlined in the Fair Housing Act by refusing to rent or sell housing or by setting different terms, conditions or privileges. It is prohibited to falsely deny that housing is available for inspection, sale or rental, and it is illegal to deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
The Fair Housing Act also applies to mortgage lending. No one can discriminate based on race, color, national origin, religion, sex, familial status or handicap by refusing to make a mortgage loan or provide information regarding loans. It is prohibited to discriminate when appraising property or by setting or imposing different terms or conditions for purchasing a loan, such as different interest rates, points or fees.
In addition, it is illegal for anyone to threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right. In advertising, no statements that indicate a limitation or preference based on race, color, national origin, religion, sex, familial status or handicap is allowed. This particular prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
For those who have a physical or mental disability, a landlord may not refuse to let modifications be made to the dwelling or common use areas, at the expense of the tenant, if it is necessary for a disabled person to use the housing. (Where reasonable, the landlord may permit changes only if the tenant agrees to restore the property to its original condition when moving.) For instance, buildings that have a "no pets" policy must allow a visually impaired tenant to keep a guide dog. However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.
For more information about the Fair Housing Act or equal opportunity in housing, check out the U.S. Department of Housing and Urban Development web site at www.hud.gov.
Information provided in this column is presented by the Realtor members of the Silicon Valley Association of Realtors at www.silvar.org. Send questions on any topic to jnewton@jnpr.com.
Los Gatos, California Since 1881
