The last few months have been rich with celebrations of diversity: February brought Black History Month, followed by Women’s History Month in March. Now that it is April, we are celebrating Fair Housing Month, which celebrates the passage of the Fair Housing Act that was initially passed into federal law in April, 1968
Why did we need the Fair Housing Act in the first place?
Discrimination used to be the rule in society, housing included. The results of deliberate and systemic unfair housing practices meant that large numbers of non-white Americans were kept from establishing stable housing for their families. The lack of housing stability affects other aspects of life like access to education, food security, and job opportunities. These set-backs have long-lasting indications that continue for subsequent generations. Fixing housing and giving fairer access to all was the first step taken in the United States to chip away at many other social issues with the objective of improving communities for all.
What is “Fair Housing?”
The term “Fair Housing” refers to the freedom from discrimination in the housing market and effects the mortgage, real estate, and insurance industries and practices. Fair housing laws at the local, state, and federal levels have been put in place to protect various classes of people from unfair practices in housing transactions.
Protected classes include:
- Race
- Color
- Religion
- National origin
- Gender (including sexual orientation and gender identity)
- Disability
- Familial status (including marital status, pregnancy, children)
- Age
Fair housing practices must be followed by a wide variety of providers of housing and housing services. From the rental of apartments in larger complexes, to the purchase of single family homes and condominiums, landlords and property owners are held responsible for following fair housing rules. Real estate agents and brokers, Multiple Listing Services, builders and developers, homeowners associations, banks and mortgage brokers, investors, rental agents, advertisers, and insurance companies must ALL abide by the stipulations set forth in the Fair Housing Act.
Under the Fair Housing Act, the following behaviors are prohibited:
- Refusing to rent, negotiate, or sell housing to a protected class
- Denying a dwelling or making unavailable, housing accommodations to a protected class
- Setting different terms for the sale or rental of a dwelling
- Provide different facilities to a protected class
- Persuade owners to not rent or sell to a protected class
- Deny membership or services related to the sale or rental of housing
Additionally, lenders cannot refuse to give mortgages to people based on their class status and they must provide the same information about loan products to everyone. Lenders cannot impose different terms on loans or discriminate in appraisals on the basis of class.
Likewise, no one can bully others into exercising unfair actions on another, nor can advertisers make statements that indicate limits on housing access.
The act has some additional provisions that don’t affect the daily ins and outs of residential real estate, but if you are interested in learning more about the Fair Housing Act, you can read more here.
Why does Fair Housing Matter?
Fair housing matters in the same way other equal rights protections matter. The Fair Housing Act prohibits discrimination in housing related matters because of race, color, national origin, religion, sex, familial status, and disability.
The website “Fair Housing Advocate of Northern California” says it well:
Fair Housing Month reminds us that the principle of fair housing is not only state and national law, but a fundamental human concept and entitlement for all people. As a community we welcome all good neighbors, recognizing the contributions and richness tendered by a wide variety of people from diverse backgrounds, colors, ethnicities or religious traditions.
At F.C. Tucker Emge REALTORS® we are committed to the tenets of the Fair Housing Act and demand the same from all of our agents, lenders, title companies, contractors, inspectors, and other partners. Following the REALTOR® Code of Ethics is just the starting point for us in our daily walk with our clients and community. We are proud of our affiliation with the F.C. Tucker Company whose commitment to justice shores up our own call for equality.
FAIR HOUSING IS YOUR RIGHT.
Learn more at HUD.gov/fairhousing
To file a housing discrimination complaint yourself:
Call (800) 669-9777 or file online with HUD
For more information or assistance with filing a housing discrimination complaint, contact the Indianapolis Office of Fair Housing and Equal Opportunity
