1. Protecting Your Rights: What You Need to Know about Fair Housing Laws
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3. SC Appleseed Legal Justice Center
Mission
The goal of this presentation is to teach you general information about your rights under Fair Housing laws.
Because of time constraints, only the major points of the laws will be addressed.
At the end of this presentation, you should have a better understanding about the laws that protect you from housing discrimination and what to do if you think your rights have been violated.
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Disclaimer
This overview of Fair Housing law is for informational purposes only. It is not meant to address a specific legal problem.
If you have specific questions about a housing problem, you should contact a lawyer of your choice to get help.
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5. What Is the Fair Housing Act?
The federal Fair Housing Act (FHA) was made a law by Congress on April 11, 1968.
It was part of the Civil Rights Act of 1968.
After the Rev. Dr. Martin Luther King Jr.’s assassination on April 4, 1968, President Lyndon B. Johnson urged Congress to pass the law. In the years before King’s death, the law had been considered but did not have enough support to pass.
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6. What Is the Fair Housing Act?
The 1968 Fair Housing Act made it illegal to discriminate against people in most types of housing transactions because of their race, color, religion, or national origin.
In 1974, gender was added to the list.
In 1988, disability and familial status were added to the list (in the Fair Housing Amendments Act)
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7. What groups of people does the Fair Housing Act protect now?
The FHA now protects people from being discriminated against in housing because of their
Race
Color
Religion
Gender
National Origin
Disability
Familial status
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8. What is National Origin?
National origin means where someone was born, or where their parents, grandparents, etc. were born.
It may be hard to tell where a person was born, but there may be signs of his or her national origin, like an accent, that can lead to discrimination. The FHA makes it illegal to discriminate in housing for that reason.
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9. What groups of people does the Fair Housing Act protect now?
The FHA now protects people from being discriminated against in housing because of their
Race
Color
Religion
Gender
National Origin
Disability
Familial status
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10. What is Familial Status?
In general, familial status means whether or not there is a child under 18 in the household.
It can also mean whether someone is pregnant, or getting legal custody or already has legal custody of one or more children under 18.
Example: It would be illegal under the FHA to refuse to rent to someone just because he has legal custody of his grandchild who is 16.
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11. What is Familial Status?
The FHA makes it illegal for most housing providers to refuse to rent or sell housing to people because of their familial status.
Exception: Some housing is set aside by the
government as “Housing for Older Persons”
or “Senior Housing”. Special rules have to
be met for housing to use this exception to
the FHA.
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12. What groups of people does the Fair Housing Act protect now?
The FHA now protects people from being discriminated against in housing because of their
Race
Color
Religion
Gender
National Origin
Disability
Familial status
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13. What counts as a disability under the FHA?
Under the FHA, a disability is a physical or mental problem that largely limits one or more of a person’s major life activities
Having a record of such a problem or being regarded as having such a problem is also in the definition
If a person has a record of having a disability in the past, that past disability cannot be used against them to keep them out of housing
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14. What counts as a disability under the FHA?
Some examples of disabilities under the
FHA are having a mental illness, a learning
disability, past drug addiction, alcoholism,
having a disease like HIV or AIDS, blindness,
or having a hearing problem.
The current use of illegal drugs is not covered
under the FHA.
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15. What counts as a disability under the FHA?
Landlords can refuse to rent to people who have been convicted in court of selling or making drugs.
Landlords can also refuse to rent to a person who is a direct threat to someone’s health or safety, or to someone who would substantially damage the landlord’s property or the property of others.
In order to prove this in court, the landlord has to have recent evidence to back up this claim.
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16. What types of actions are illegal under the FHA?
We have learned that the FHA makes it
illegal to discriminate in housing because of
someone’s race, color, religion, national
origin, gender, disability, or familial status.
But what does this really mean?
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This means that the FHA makes it illegal to do the
following because of someone’s race, color, religion,
national origin gender, disability, or familial status:
Refuse to rent or sell housing
Refuse to negotiate on housing
Deny someone a unit
Example: Putting all people of one race in one part of a building
Make different rules for renting or selling housing
Example: Making a man pay a smaller rental deposit than a woman
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This means that the FHA makes it illegal to do the
following because of someone’s race, color, religion,
national origin gender, disability, or familial status: (continued)
Give different housing services or facilities
Example: Having pools for one race only
Claim that housing is not for rent or sale when it actually is
This includes not allowing inspection of the unit
Convince someone else, for profit, not to sell or rent a unit
Deny someone membership in a facility or service that comes with the house
Example: Refusing to list a unit in a multiple listing service
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This means that the FHA makes it illegal to do the
following because of someone’s race, color, religion,
national origin gender, disability, or familial status:
(continued)
Refuse to make a mortgage loan
Example: Making loans to one race only
Refuse to give information on loans
Example: Refusing to give loan information to someone with an accent
Make different rules about a loan
Example: Different interest rates or fees for one race over another
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This means that the FHA makes it illegal to do the
following because of someone’s race, color, religion,
national origin gender, disability, or familial status:
(continued)
Discriminate in appraising the value of property
Refuse to purchase a loan
Set different rules for purchasing a loan
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21. It is also illegal under the FHA to:
Threaten or try to force or scare someone who is protecting his or her rights under the Fair Housing Act
Make a statement or place an ad (in writing or by phone) that lists a preference for a renter or buyer of property based on their race, color, religion, national origin, gender, disability, or familial status
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22. Examples of Discriminatory Advertisement
Ads that use certain words to limit the
type of renter/buyer the person is looking
for, such as:
Using the words “No Men” or “Christians only” in an ad to rent an apartment
Using the words “No immigrants” or “Couples only” in an ad to sell a house
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23. Examples of Discriminatory Advertisement
Ads that would keep certain people or
groups of people from renting or buying
housing in an area, such as:
Using the words “Mostly Asian neighborhood” or “quiet, childless neighborhood” in an ad to sell a home
Using the words “nearly all Christian families” to rent a unit in an apartment building
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24. Does the FHA apply to all types of housing?
The FHA covers most types of housing.
Under the FHA, housing can be places that are rented or places that are bought.
This means that apartments, condos, houses, and mobiles homes can all be covered by the FHA.
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25. What Housing Is NOT Covered by the FHA?
There are some types of housing that are not covered by
some parts of the FHA:
Buildings with no more than four units where the owner lives in one of the units
Single-family homes that are sold or rented without a broker or agent
The owner must have no more than 3 homes, must have not sold a house in the last 24 months, and does not use discriminatory advertising
Housing run by private clubs where only club members live or by religious organizations in some circumstances (very limited exceptions)
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26. What Housing Is NOT Covered by the FHA?
Don’t Forget: Even though those types of
housing are not covered by the FHA, it is
still illegal to threaten others or to use
discriminatory advertising to rent or sell
housing.
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27. What if I am disabled? Does the FHA give me other rights?
Yes. Under the FHA, if you or someone in your household is disabled, your landlord must let you make reasonable modifications to your unit or common areas if you need these to use the housing.
The reasonable modifications must be paid for by the disabled person or family.
If it is reasonable, your landlord can make you remove the reasonable modifications when you move.
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28. What are reasonable modifications?
They are necessary physical changes to the housing or common areas to help a disabled person use the housing.
Some examples of reasonable modifications are:
Having a doorway widened to fit a wheelchair
Having a ramp added to a unit for a wheelchair
Having “grab bars” added to a bath tub
* There are special rules for some newer buildings where these changes must already be made.
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29. What if I am disabled? Does the FHA give me other rights?
If you or someone in your household is disabled, you also have the right to have reasonable accommodations made if it will help you to use the housing.
The cost of the reasonable accommodation is not paid for by the disabled person.
A reasonable accommodation must be necessary to help the disabled person using the housing.
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30. What are reasonable accommodations?
Reasonable accommodations are necessary changes to a landlord’s rules or policies to help a disabled person use the housing.
Some examples of reasonable accommodations are:
Allow a seeing eye dog in a building where pets are not allowed
Making disabled parking available in front of a unit for a disabled person
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31. Does South Carolina have a Fair Housing Law?
Yes. South Carolina’s Fair Housing Law (found at SC Code Ann. § et. seq.) is very similar to the federal law.
The South Carolina Human Affairs Commission is the agency that oversees the SC Fair Housing Law (for non-federally funded properties)
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32. What can I do if I think my Fair Housing rights have been violated?
There are two main ways to protect your rights if you think you have been discriminated against in housing. You can take advantage of both of these options to better protect your rights.
File a complaint
File a lawsuit
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Filing a Complaint
If you think you have been discriminated against in housing in violation of the federal FHA (i.e., regarding federally-funded property), you can file a complaint with the U.S. Department of Housing and Urban Development (HUD)
HUD has a complaint form that you fill out, or you can write your own letter to HUD.
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Filing a Complaint
If you write your own letter to HUD, be sure to list
Your name and address
The name and address of the person you are complaining about
The address of the housing that you were denied or removed from
An explanation of what happened (including how you feel you were discriminated against)
The date(s) that the action occurred
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Filing a Complaint
If you live in South Carolina, the HUD office nearest you where you can send your complaint is:
Atlanta Regional Office of FHEO U.S. Department of Housing and Urban Development Five Points Plaza 40 Marietta Street, 16th floor Atlanta, Georgia
You can also call HUD with your complaint at or
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Filing a Complaint
Your complaint to HUD must be made within one year from the date that the discriminatory action happened
It is important that you keep records of any negative action taken against you, including the dates
It is important that you file your complaint on time or else you may lose some protections
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Filing a Complaint
Because SC has its own state fair housing law, there is also a state agency that takes complaints on housing discrimination for properties that are not federally-funded
That agency is the South Carolina Human Affairs Commission
You must file your complaint with the SC Human Affairs Commission within 180 days from the date that you were discriminated against.
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Filing a Complaint
The South Carolina Human Affairs Commission can be reached at:
South Carolina Human Affairs Commission
Fair Housing Unit
2611 Forest Drive, Suite 200
P.O. Box 4490
Columbia, SC
Toll-free number:
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Filing a Complaint
After your complaint is filed, it will be
investigated
Remember: It is your right to file a complaint if
you think you have been discriminated against in
housing. In some cases, filing a complaint may
help you delay in a discriminatory eviction or
work out an agreement with the person who
violated your rights.
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Filing a Lawsuit
You can also file a lawsuit against someone who
has discriminated against you in housing.
Depending upon whether the housing at issue is
federally-funded or funded by a state or local
agency, a Fair Housing Case might be filed in
federal court (FHA) or state court (South Carolina
Fair Housing law)
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Filing a Lawsuit
Federal FHA
The federal FHA gives you two years to file a lawsuit against the person who discriminated against you. The two years starts from the date that the discriminatory action happened.
South Carolina Fair Housing Law
The state FHA gives you one year to file a lawsuit against the person who discriminated against you. The year starts from the date that the discriminatory action happened.
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Filing a Lawsuit
In some cases, making an agreement during the
complaint process may limit your ability to file a
lawsuit. In other cases, the complaint process
may be ended once you file a lawsuit. If you have
a fair housing problem and think you may want
to file a complaint or file a lawsuit on it, you
should contact a lawyer as soon as you can to determine
what course of action is best for your case.
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43. Other Federal Laws Available to Prevent Housing Discrimination
The Civil Rights Act of 1866
Executive Orders / 12892
Title VI of the Civil Rights Act of 1964
Equal Credit Opportunity Act
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The Civil Rights Act of 1866
This was the first civil rights legislation passed by Congress
It was an attempt to enforce the 13th amendment, which outlawed slavery
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The Civil Rights Act of 1866
Prohibits all racial discrimination, private and public, in the sale or rental of property
Applies to state and federal entities, as well as private individuals
Could apply in situations where the Fair Housing Act does not because provides no exemptions
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46. Executive Order 11063 – Equal Opportunity in Housing
Signed by President Kennedy on November 21, 1962
Prohibits housing discrimination on the basis of race, color, religion, and national origin relating to property where the federal government is involved
Involvement includes being owned, operated, or financed in whole or part by the federal government
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47. Executive Order 11063 – Equal Opportunity in Housing
Has been amended to cover gender-based discrimination, discrimination against families with children, and discrimination against people with disabilities
President Clinton signed Executive Order 12892, which strengthens the federal government’s commitment to protecting against housing discrimination
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48. Title VI of the Civil Rights Act of 1964
Outlaws discrimination based on race, color, and national origin in any program or activity that receives federal financial assistance
Applies primarily to public housing
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49. Equal Credit Opportunity Act
Prohibits creditors, like banks, from discriminating against applicants on the basis of race, color, religion, national origin, sex, marital status, age, or source of income
Applies to all aspects of a credit transaction
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50. Additional Federal Laws
Housing and Community Development
Act of 1974
Prohibits discrimination in federally-assisted community development activities
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51. Additional Federal Laws
Section 504 and Title II of the Americans with
Disabilities Act
Give protections against discrimination for persons who are disabled
Section 504 covers public and federally subsidized housing
Title II of the ADA covers housing subsidized by state or local agencies
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If You Need Legal Help:
South Carolina Legal Services
Call LATIS at
SC Bar’s Lawyer Referral Service
Call
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