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Brownstone Real Estate
Co. Inc.
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The Fair
Housing Act prohibits discrimination in housing because of:
Race or color
National origin
Religion
Sex
Familial status (including children under the age of 18 living with
parents or legal custodians; pregnant women and people securing custody of
children under 18)
Handicap (Disability)
What Housing Is Covered? The Fair Housing Act covers most housing.
In some circumstances, the Act exempts owner-occupied buildings with no
more than four units, single-family housing sold or rented without the use
of a broker, and housing operated by organizations and private clubs that
limit occupancy to members.
What Is Prohibited? In the Sale and Rental of Housing: No one may
take any of the following actions based on race, color, national origin,
religion, sex, familial status or handicap:
Refuse to rent or sell housing
Refuse to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or privileges for sale or rental of a
dwelling
Provide different housing services or facilities
Falsely deny that housing is available for inspection, sale, or rental
For profit, persuade owners to sell or rent (blockbusting) or
Deny anyone access to or membership in a facility or service (such as a
multiple listing service) related to the sale or rental of housing.
In Addition: It is illegal for anyone to:
Threaten, coerce, intimidate or interfere with anyone exercising a fair
housing right or assisting others who exercise that right
Advertise or make any statement that indicates a limitation or preference
based on race, color, national origin, religion, sex, familial status, or
handicap. This prohibition against discriminatory advertising applies to
single-family and owner-occupied housing that is otherwise exempt from the
Fair Housing Act.
Additional Protection If You Have a Disability If you or someone
associated with you:
Have a physical or mental disability (including hearing, mobility and
visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS
Related Complex and mental retardation) that substantially limits one or
more major life activities
Have a record of such a disability or
Are regarded as having such a disability your landlord may not:
Refuse to let you make reasonable modifications to your dwelling or common
use areas, at your expense, if necessary for the disabled person to use
the housing. (Where reasonable, the landlord may permit changes only if
you agree to restore the property to its original condition when you
move.)
Refuse to make reasonable accommodations in rules, policies, practices or
services if necessary for the disabled person to use the housing.
Your landlord may not:
Refuse to let you make reasonable modifications to your dwelling or common
use areas, at your expense, if necessary for the disabled person to use
the housing. (Where reasonable, the landlord may permit changes only if
you agree to restore the property to its original condition when you
move.)
Refuse to make reasonable accommodations in rules, policies, practices or
services if necessary for the disabled person to use the housing.
Example: A building with a "no pets" policy must allow a visually
impaired tenant to keep a guide dog.
Example: An apartment complex that offers tenants ample, unassigned
parking must honor a request from a mobility-impaired tenant for a
reserved space near her apartment if necessary to assure that she can have
access to her apartment.
However, housing need not be made available to a person who is a direct
threat to the health or safety of others or who currently uses illegal
drugs.
Requirements for New Buildings - In buildings that are ready for
first occupancy after March 13, 1991, and have an elevator and four or
more units:
Public and common areas must be accessible to persons with disabilities
Doors and hallways must be wide enough for wheelchairs
All units must have:
An accessible route into and through the unit
Accessible light switches, electrical outlets, thermostats and other
environmental controls
Reinforced bathroom walls to allow later installation of grab bars and
Kitchens and bathrooms that can be used by people in wheelchairs.
If a building with four or more units has no elevator and will be ready
for first occupancy after March 13, 1991, these standards apply to ground
floor units.
These requirements for new buildings do not replace any more stringent
standards in State or local law.
Housing Opportunities For Families - Unless a building or community
qualifies as housing for older persons, it may not discriminate based on
familial status. That is, it may not discriminate against families in
which one or more children under 18 live with:
A parent
A person who has legal custody of the child or children or
The designee of the parent or legal custodian, with the parent or
custodian's written permission.
Familial status protection also applies to pregnant women and anyone
securing legal custody of a child under 18.
Exemption: Housing for older persons is exempt from the prohibition
against familial status discrimination if:
The HUD Secretary has determined that it is specifically designed for and
occupied by elderly persons under a Federal, State or local government
program or
It is occupied solely by persons who are 62 or older or
It houses at least one person who is 55 or older in at least 80 percent of
the occupied units, and adheres to a policy that demonstrates an intent to
house persons who are 55 or older. A transition period permits residents
on or before September 13, 1988, to continue living in the housing,
regardless of their age, without interfering with the exemption.
If You Think Your Rights Have Been Violated - HUD is ready to help
with any problem of housing discrimination. If you think your rights have
been violated, the Housing Discrimination Complaint Form is available for
you to download, complete and return, or complete online and submit, or
you may write HUD a letter, or telephone the HUD Office nearest you. You
have one year after an alleged violation to file a complaint with HUD, but
you should file it as soon as possible.
What to Tell HUD -
Your name and address
The name and address of the person your complaint is against (the
respondent)
The address or other identification to the housing involved
A short description to the alleged violation (the event that caused you to
believe your rights were violated)
The date(s) to the alleged violation
Where to Write or Call: Send the Housing Discrimination Complaint
Form or a letter to the HUD Office nearest you or you may call that office
directly.
If You Are Disabled - HUD also provides:
A toll-free TTY phone for the hearing impaired: 1-800-927-9275.
Interpreters
Tapes and braille materials
Assistance in reading and completing forms
What Happens When You File A Complaint? - HUD will notify you when
it receives your complaint. Normally, HUD also will:
Notify the alleged violator of your complaint and permit that person to
submit an answer
Investigate your complaint and determine whether there is reasonable cause
to believe the Fair Housing Act has been violated
Notify you if it cannot complete an investigation within 100 days of
receiving your complaint
Conciliation - HUD will try to reach an agreement with the person
your complaint is against (the respondent). A conciliation agreement must
protect both you and the public interest. If an agreement is signed, HUD
will take no further action on your complaint. However, if HUD has
reasonable cause to believe that a conciliation agreement is breached, HUD
will recommend that the Attorney General file suit.
Complaint Referrals - If HUD has determined that your State or
local agency has the same fair housing powers as HUD, HUD will refer your
complaint to that agency for investigation and notify you of the referral.
That agency must begin work on your complaint within 30 days or HUD may
take it back.
What If You Need Help Quickly? If you need immediate help to stop a
serious problem that is being caused by a Fair Housing Act violation, HUD
may be able to assist you as soon as you file a complaint. HUD may
authorize the Attorney General to go to court to seek temporary or
preliminary relief, pending the outcome of your complaint, if:
Irreparable harm is likely to occur without HUD's intervention
There is substantial evidence that a violation of the Fair Housing Act
occurred
Example: A builder agrees to sell a house but, after learning
thebuyer is black, fails to keep the agreement. The buyer files a
complaint with HUD. HUD may authorize the Attorney General to go to court
to prevent a sale to any other buyer until HUD investigates the complaint.
What Happens After A Complaint Investigation? If, after
investigating your complaint, HUD finds reasonable cause to believe that
discrimination occurred, it will inform you. Your case will be heard in an
administrative hearing within 120 days, unless you or the respondent want
the case to be heard in Federal district court. Either way, there is no
cost to you.
The Administrative Hearing - If your case goes to an administrative
hearing HUD attorneys will litigate the case on your behalf. You may
intervene in the case and be represented by your own attorney if you wish.
An Administrative Law Judge (ALA) will consider evidence from you and the
respondent. If the ALA decides that discrimination occurred, the
respondent can be ordered:
To compensate you for actual damages, including humiliation, pain and
suffering.
To provide injunctive or other equitable relief, for example, to make the
housing available to you.
To pay the Federal Government a civil penalty to vindicate the public
interest. The maximum penalties are $10,000 for a first violation and
$50,000 for a third violation within seven years.
To pay reasonable attorney's fees and costs.
Federal District Court If you or the respondent choose to have your
case decided in Federal District Court, the Attorney General will file a
suit and litigate it on your behalf. Like the ALA, the District Court can
order relief, and award actual damages, attorney's fees and costs. In
addition, the court can award punitive damages.
In Addition -You May File Suit: You may file suit, at your expense,
in Federal District Court or State Court within two years of an alleged
violation. If you cannot afford an attorney, the Court may appoint one for
you. You may bring suit even after filing a complaint, if you have not
signed a conciliation agreement and an Administrative Law Judge has not
started a hearing. A court may award actual and punitive damages and
attorney's fees and costs.
Other Tools to Combat Housing Discrimination - If there is
noncompliance with the order of an Administrative Law Judge, HUD may seek
temporary relief, enforcement of the order or a restraining order in a
United States Court of Appeals. The Attorney General may file a suit in a
Federal District Court if there is reasonable cause to believe a pattern
or practice of housing discrimination is occurring.
For Further Information - The Fair Housing Act and HUD's
regulations contain more detail and technical information. If you need a
copy of the law or regulations, contact the HUD Office nearest you.
www.hud.gov |
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