Understanding Fair Housing Laws & Housing Discrimination
Title VIII of The Civil Rights Act of 1968 protects against discrimination for home buyers and mortgage borrowers. It is also known as The Fair Housing Act. This overview will help you understand your rights under the Fair Housing Act.
The Fair Housing Act's Purpose
The Fair Housing Act is enforced by the U.S. Department of Housing & Urban Development. It prohibits discrimination in housing.
HUD states that when it comes to selling a house, no one can make the following decisions based on race, color, religion, sexual orientation, disability, or the presence of children.
Refuse to Sell a Home
Housing made unavailable
Offer different home purchase terms
HUD states that financing a home is not possible if there are any of the following factors:
Refuse to take out a mortgage loan
In assessing property, be discriminatory
Different mortgage rates, points, and fees are available
HUD maintains a complete list of discriminatory acts outlawed when it comes to mortgage lending and home selling.
How To File A Fair Housing Complaint
You can file a Fair Housing Complaint to HUD if you feel that your rights were violated.
You can fill out a Housing Discrimination Complaint Form online.
You can also file a complaint by calling the nearest HUD office.
HUD also offers a toll-free telephone number for the hearing impaired at 800-927-9275. They also provide interpreters and tapes, as well as assistance with reading and filling out forms.
You will need to include all of your contact information and the name, address, and company name of the individual who discriminated against you. Here is a sample of the information HUD requires you to give:
What happened to your life? What discrimination did you suffer? Example: Did you get denied the opportunity to purchase housing? Rejected a loan? Told housing wasn't available when it was. Different treatment from other people looking for housing? Describe the circumstances briefly.
What are you doing to be discriminated against? Example: Was housing denied to you because of your race? Did you get denied a mortgage loan due to your religion? Did you feel harassed for helping someone obtain their fair housing rights? Please explain why your housing rights were denied.
The Fair Housing Complaint Process
HUD will notify the alleged violator of your complaint after you have filed it. They will also investigate to see if the Fair Housing Act has been violated.
This investigation can take HUD up to 100 days. However, if you have a short time, you can request an immediate review.
HUD can expedite the process by allowing the Attorney general to litigate your case with sufficient evidence of discrimination and irreparable harm. The Fair Housing website shows an example of a case that could be expedited.
A builder agrees that he will sell his house, but he fails to honor the agreement after finding out that the buyer is black. The buyer notifies HUD. HUD can authorize the Attorney General to take the matter to court in order to stop any sale to another buyer while HUD investigates.
Suppose discrimination is found to have occurred after a case has been litigated, regardless of whether it is expedited or follows the normal timeline. In that case, the violator (which HUD refers to as the respondent) could face the following:
You will be compensated for actual damages such as humiliation, pain, and suffering.
Federal civil penalties of up to $16,000 for the first violation and $70,000 for the third violation within seven years.
Attorney's fees.
