![]() ![]() Such disparate impact liability is often recognized under state law as well, and landlords and property managers should research state and local anti-discrimination laws to ensure their compliance. As a result, landlords and property managers should be aware that they may be liable for policies and practices that, even unintentionally, have a materially adverse impact on people in protected classes. Supreme Court has recently confirmed that the Fair Housing Act recognizes disparate impact liability. Unintentional discrimination (called “disparate impact” discrimination) occurs when an action or policy triggers adversely affects members of a protected class, even if there was no intention to discriminate. Intentional discrimination (called “disparate treatment” discrimination) occurs when someone treats a renter adversely because of their status in a protected class. Courts recognize that discrimination may result from both intentional and unintentional conduct. Rental discrimination is when a landlord or property manager treats an applicant differently based on the applicant’s inclusion in a protected class. HUD was given enforcement responsibility by the Fair Housing Act of 1968. Department of Housing and Urban Development (HUD). This law is administered and enforced by the Office of Fair Housing and Equal Opportunity (FHEO), an office within the U.S. What does equal housing opportunity mean?Įqual housing opportunity is the notion that all persons should be granted the same chances when it comes to choosing housing. It was broadened in 1988 to prohibit discrimination on the basis of disability and familial status. The act was originally adopted as part of the Civil Rights Act of 1968. The Fair Housing Act is the federal law that prohibits discrimination because of a person’s protected class when renting or buying a home, getting a mortgage, seeking housing assistance or engaging in other housing-related activities. Whether you own one investment property or manage 200 units, it’s important for you and your team to understand and abide by applicable federal, state and local fair housing laws promote an equal housing opportunity for tenants and run a compliant rental business. What should you consider when renting to families with children?.How should you determine max occupancy?.What classes are protected from rental discrimination?.What does equal housing opportunity mean?.HUD states in the Summary of its final 2015 rule on Affirmatively Furthering Fair Housing that “he Fair Housing Act not only prohibits discrimination but, in conjunction with other statutes, directs HUD’s program participants to take significant actions to overcome historic patterns of segregation, achieve truly balanced and integrated living patterns, promote fair housing choice, and foster inclusive communities. Fostering and maintaining compliance with civil rights and fair housing laws.Transforming racially and ethnically concentrated areas of poverty into areas of opportunity.Replacing segregated living patterns with truly integrated and balanced living patterns.AFFH means taking meaningful actions that address significant disparities in housing needs and in access to opportunity, including: What is Affirmatively Furthering Fair Housing (AFFH)?ĪFFH is a legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing Act. (Source: National Fair Housing Alliance)Ĭlick here to view more information on your rights under the Fair Housing Act. Fulfillment of the letter and spirit of the law means that every community can be a place of opportunity where people can live in diverse, inclusive, accessible neighborhoods with quality schools, healthy foods, meaningful jobs, health care, green spaces, quality credit, and the other opportunities that frame and affect our lives. Further restrictions may also be imposed by municipalities pursuant to local ordinance.įair housing is not just an important tool for eliminating discrimination it also helps to strengthen families, communities, businesses, and our overall economy. The Michigan Elliott-Larsen Civil Rights Act also prohibits housing discrimination based on age and marital status. President Lyndon Johnson signed the bill into law on Apseven days after the assassination of Rev. *Familial status protects children under the age of 18 living with parent or guardian and pregnant women. Civil Rights Act, commonly known as the "Fair Housing Act," prohibits discrimination in the sale, rental, purchase, leasing, financing and/or advertising of housing based upon: ![]()
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