Definition and Instance of the Honest Housing Act
The Honest Housing Act is a regulation enacted in 1968 and has been up to date a number of instances since its inception. The regulation is enforced by the US Division of Housing and City Growth (HUD).
The Honest Housing Act prohibits lenders, landlords, sellers, and brokers from discriminating in opposition to homebuyers and tenants on account of particular traits, together with race, coloration, faith, sexual orientation, nationality, incapacity, or household standing. For instance, due to the Honest Housing Act, it’s unlawful to refuse to hire a house to somebody as a result of they observe a distinct faith.
Particular person states and native governments can add to the regulation, offering extra protections, however they cannot take away from it. In response to the Coverage Surveillance Program from Temple College’s Beasley Faculty of Regulation, 49 states and the District of Columbia have adopted further protections.
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Examples of further protections in sure states embrace ancestry, gender identification, supply of revenue, navy standing, and being pregnant.
- Alternate identify: Title VIII of Civil Rights Act of 1968
How Does the Honest Housing Act Work?
Beneath the Honest Housing Act, property house owners can not discriminate in opposition to individuals in protected courses. They can not refuse to supply cheap lodging to individuals who want it, corresponding to individuals with disabilities. An affordable lodging is a change to the insurance policies and practices of a property that may permit an occupant to make use of and luxuriate in it.
Nor can the property proprietor forestall a tenant from making an inexpensive modification, on the tenant’s expense, that may permit them to make use of and benefit from the property. To be cheap, the adjustments should not trigger hurt or be an undue burden (financially or administratively) to the housing supplier.
Imposing the Honest Housing Act
As a result of the Honest Housing Act is a federal regulation, it is enforced by HUD. If you happen to consider you have been a sufferer of unlawful housing discrimination, you possibly can select to file a lawsuit in state or federal court docket, or you possibly can file a grievance instantly with the HUD.
If you happen to file a grievance with the federal company and it finds there’s cheap trigger to consider your rights had been violated beneath the act, it would put together fees of discrimination. You may then have 30 days to determine whether or not to have the cost tried in a HUD administrative court docket or a federal court docket.
If you happen to proceed with the previous, you may be represented by HUD attorneys. This course of usually goes extra rapidly than a federal trial with a decide or jury, however you are solely eligible for compensatory damages—punitive damages will not be awarded. With a federal trial, you may be represented by attorneys from the US Division of Justice (DOJ), and you possibly can obtain each compensatory and punitive damages from the defendant.
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The Honest Housing Act could be tough to implement as a result of many types of discrimination aren’t overt and, subsequently, can’t be documented. Nevertheless, in case you have documentation of discrimination, corresponding to recordings or written information, contact an legal professional or native honest housing company to know your rights and subsequent steps. When a proper grievance is filed, HUD will examine the allegation.
If HUD finds a sample or observe of discrimination or the defendant has discriminated in opposition to a bunch of individuals to the purpose that it is a difficulty of basic public significance, it could refer the matter to the DOJ, which can instantly file a lawsuit in opposition to a defendant on on behalf of the victims.
Penalties for Violating the Honest Housing Act
Civil penalties for violating the Act vary from $16,000 for a primary offense to $65,000 if there have been two or extra violations in the course of the earlier seven years. If the case is tried in federal district court docket and the plaintiff wins, the defendant could should pay precise, punitive, and compensatory damages in addition to authorized charges.
Kinds of Discrimination
If you happen to’re unsure what counts as discrimination beneath the Honest Housing Act, listed below are some examples:
- A vendor refuses to work with a potential purchaser due to their race or coloration, or as a result of they do not match the demographics of the neighborhood.
- A landlord makes an residence obtainable however tells a tenant it has been taken once they discover out the candidate is a member of the LGBTQ neighborhood, solely to inform others that it is nonetheless obtainable.
- A mortgage lender fees a better rate of interest as a result of the borrower’s identify seems to be from one other nationality.
- A condominium complicated does not adjust to accessibility necessities, such {that a} potential tenant who makes use of a wheelchair will not be capable to entry the items or parking.
- A landlord refuses to hire to a single girl with kids.
- An actual property agent directs a potential homebuyer to a distinct locale once they discover out the customer’s faith does not match the predominant one within the space.
What It Means for Your Household
The Honest Housing Act is designed to assist defend sure courses of people that could expertise discrimination when attempting to purchase or hire a spot to stay. Sadly, although, discrimination nonetheless happens, and it is not all the time apparent sufficient to doc and show.
If you happen to’re involved a few landlord, lender, vendor, or agent violating your rights, attempt to hold all communication in writing and doc your conversations. This fashion, you possibly can refer again to those paperwork to supply the discrimination, if wanted.
If you happen to consider your rights have been violated, do not hesitate to contact your native honest housing company or an legal professional to find out the following steps it’s best to observe.
Key Takeaways
- The Honest Housing Act prohibits landlords, lenders, sellers, and brokers from discriminating in opposition to potential homebuyers and tenants primarily based on race, coloration, faith, sexual orientation, nationality, incapacity, or household standing.
- Many states have adopted further protected courses on prime of these detailed within the Honest Housing Act, however they can not take away from the Act’s provisions.
- If you happen to’re involved about discrimination from a landlord, lender, vendor, or actual property agent, plan communications in a manner that makes it potential so that you can retain information.
- In case your rights have been violated in keeping with the Honest Housing Act, you possibly can pursue authorized motion in opposition to the perpetrator.
