Implemented in 1968 by Congress, the Fair Housing Act was altered in 1988 and protects home buyers and renters alike from all types of discrimination. Under the Fair Housing Act, sellers and property owners are not allowed to deny a sale or reject a rental application because of race, color, religion, nationality, gender, disabilities or family status.
A seller stands in violation of the Fair Housing Act if he or she refuses your bid on a house or rental application based on any of the qualities listed above. This includes a sudden increase in price to make it cost prohibitive for parties they deem "undesirable."
Although the Fair Housing Act first was drafted in 1968, it was significantly revised in 1988 to increase the ways in which the act thwarts discrimination. The object of the act is to halt discrimination in the area of real estate. A home buyer or renter is safe under the act against discrimination based on their race, color, religion, nationality, gender, family status, or whether or not they have a disability. The Fair Housing Act promises that as a renter or buyer, a landlord or property owner cannot discriminate against you under the aforementioned attributes.
Increasing the cost of a property or the rental price based on any of the circumstances listed above violates the law under the Fair Housing Act. A seller that refuses to sell or lease the home based on one of these qualities also stands in noncompliance of the law.
The Fair Housing Act really has assisted minorities and other marginalized sections of society gain access to better real estate. Before this legislation was enacted, these groups could be barred from purchase in the best districts through threats or intimidation. The Fair Housing Act really has established changes in this aspect of real estate. Now, a seller simply cannot refuse to sell you a home based on race, religion, family status, gender, nationality, color, disabilities. The law applies to renting a home or apartment as well. The landlord is simply not allowed to discriminate against you because of a disability or because your family includes kids. Besides refusing to rent or sell the home to you, it is also illegal for there to be any coercion or threatening words or gestures during the sale or rental process.
The Fair Housing Act does come with a few areas that are not covered in the legislation. Communities are authorized to mandate that they are a retirement community or nursing home that only accepts residents over the age of fifty-five. Although this is an exemption, a community could not reject to rent or sell to married couples or single people.
If you believe that your housing rights have been violated, you can file an administrative complaint with the U.S. Department of Housing and Urban Development (HUD), the governmental office that enforces the Fair Housing Act. HUD will then conduct a fair investigation of your position.
If HUD determines that your claims are authenticated, you may be entitled to acquire compensatory damage or punitive damage settlements, or the accused person or persons might be required to make immediate changes to his or her policies. If the case was related to the design and construction of a dwelling, HUD might also enforce remedies that include making changes the house to comply with the Fair Housing Act's requirements.
The Fair Housing Act also allows for federal lawsuits by the U.S. Department of Justice, as well as private party lawsuits filed in federal or state courts. The enforcement authority given under the Act is broad, so most state and local fair housing agencies can also look into violations and bring enforcement actions.
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