Fair Housing Issues
What the Legislation Says

Federal fair housing law consists of the Civil Rights Act of 1866 and Title VIII of the Civil Rights Act of 1968, otherwise known as the Fair Housing Act. The act, as amended in 1988, provides that no one can be discriminated against in the sale, rental, or financing of residential dwellings on the basis of these protected classes:

• Race
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• Color
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• Religion
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• Sex
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• Handicap
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• Familial status
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• National origin
  
  In addition, the Civil Rights Act of 1866 provides that all U.S. citizens have the same rights as white citizens to “inherit, purchase, sell, hold, and convey real and personal property.” The U.S. Supreme Court has interpreted this act to prohibit all forms of racial discrimination with regard to real estate—even discrimination by private individuals. Penalties can include punitive as well as actual damages.
  
  Fair housing laws in some states and municipalities may include additional protected classes—such as sexual preference, age, or sources of income. For information on your state's fair housing laws, contact your state housing authority or visit the U.S. Department of Housing and Urban Development. The handicapped category under the Fair Housing Act includes not only obvious physical handicaps, but mental handicaps, alcoholism, and AIDS. Current abusers of controlled substances are not covered.
  
  Exceptions to the Rules
  
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• An owner who sells or rents a single-family home without the services of a real estate practitioner is exempt from coverage if he or she doesn't own or have an interest in more than three single-family houses and doesn't engage in discriminatory advertising.
  
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• Owners of buildings designed for occupancy by up to four families are exempt from the Fair Housing Act as long as they live in one of the rental units and do not use any discriminatory advertising.
  
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• Owners or managers of qualified “housing for older person” may refuse to rent to families with children. To qualify, a property must have at least 80 percent of the units occupied by at least one person 55 years of age or older and be marketed only to those 55 or older.
  
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• Religious organizations may discriminate in the sale, rental, or occupancy of their noncommercial property.
  
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• Private clubs may limit the rental or occupancy of their noncommercial lodgings to members.
  
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