Thanks to the Fair Housing Act, every American has the right to equal treatment when it comes to housing. Unfortunately, there are still some persons in Seattle, WA, who know very little about this law, which can lead to cases of housing discrimination.
That’s why it’s not rare to find rental property landlords and sellers who, for example, did not offer reasonable accommodations to renters due to housing discrimination and are now fighting lawsuits. If a person experiences housing discrimination, they may have grounds to file a complaint and seek legal recourse. If you need assistance or wish to contact an attorney, it’s important to act promptly to protect your rights.
So, if you are a landlord looking for more information about the Fair Housing Act in housing-related matters, here are answers to eight of the most common questions about housing discrimination. Ensuring compliance with housing laws is crucial to maintaining fair housing practices. Let’s dive in!
1. What’s the Fair Housing Act?
The Washington Fair Housing Act is a law that deals with discrimination in the housing sector. It was established to deter landlords and rental property sellers from discriminating against members of a particular class in society according to federal law.
If discrimination occurs, individuals can file a fair housing complaint, which helps ensure that all tenants and potential buyers are treated equally.
The law also covers issues like familial status, marital status, disability, and reasonable modifications, ensuring fair treatment for all, regardless of these factors. Discrimination based on familial status, marital status, or disability is prohibited, protecting those with children, specific marital circumstances, or disabilities from being unfairly treated.
Housing providers cannot engage in discrimination based on familial status, marital status, or disability, ensuring that families with children, individuals with disabilities, and those in specific marital circumstances are not excluded from housing opportunities.
If you believe discrimination has occurred, it is crucial to file a complaint to ensure the laws are enforced and prevent future instances of housing discrimination.
Basically, it ensures that every American tenants, regardless of class, are treated fairly and equally in any housing-related activity including:
- Sell a house,
- Rent and;
- Get a mortgage loan
2. How long has the Fair Housing Act been in play?
Officially, the Fair Housing laws were enacted in 1968. But, in truth, the fight for fair housing begun in the mid-1800s.
Sadly, back then housing discrimination was very rampant. That’s why it contributed to a series of actions, including:
- The Civil Rights movement (1960s)
- Rumford Fair Housing Act (1963)
- The Civil Rights Act (1964)
- And finally, leading up to the Fair Housing Act (1968) which was established a week after Martin Luther King Jr.’s assassination.
Evidently, this Act is one of America’s most significant milestones. And the fact that it affects so many lives makes it a necessity.
3. What are the Fair Housing Act’s primary goals?
So, what exactly do Fair Housing laws do? Or better yet, which examples of housing discrimination does this Act protect people from?
Well, as stated earlier, the Federal Fair Housing Act touches on three main aspects of housing, including the selling, renting, and mortgaging of a house.
One key aspect is the requirement for landlords to make reasonable accommodations for tenants with disabilities, ensuring they have equal access to housing opportunities. This could include things like modifying rental policies or providing additional services to ensure the tenant’s needs are met.
Here are some examples of discrimination that Fair housing laws shield tenants and rental property buyers against:
- Refusing to rent, sell, or negotiate for housing to a tenant
- Lying about the availability of a housing unit or making to a tenant
- Treating different people with different terms and conditions when renting or selling a home
- Blockbusting (convincing rental property owners to sell their homes under false pretense)
- Offering different housing amenities and reasonable accommodations for different renters
- Setting disparate terms and conditions on a mortgage loan to a tenant
- Refusing to purchase or make a loan to a tenant
- Practicing discriminatory practices during rental property appraising
- Refusing to make information about a mortgage loan available to a tenant
- Setting divergent requirements for purchasing a house loan to a tenant
- Using discriminatory statements or being bias against a protected class in your rental property adverts such as marital status, gender identity, disabled tenant, sexual orientation, and more.
- Threatening or interfering with someone’s Fair Housing rights
4. What classes of people are protected under the Fair Housing Act?
Fair Housing laws currently protect tenants categorized by seven classes.
The list of protected classes includes:
- Race
- Color
- Religion
- National Origin
- Sex (1974)
- Disability (1988)
- Familial Status (1988) – Pregnant women and having children under 18 in a home.
In addition, the year 2017 saw the addition of two more protected classes to the list. Despite the fact that these classes are not yet explicit in the Fair Housing Act, they are also considered as protected classes. These new classes are:
- Sexual Orientation
- Gender Identity
5. Who enforces the Fair Housing Law?
You may be wondering; who enforces Fair Housing Laws?
Well, for many years, enforcement has been a major concern among housing advocates. This is mainly because of inconsistencies across local jurisdictions. Although, anyone whose rights have been violated can file a lawsuit in a federal district court or file a claim with HUD.
Officially, the U.S. Department of Housing and Urban Development or HUD is fully responsible for the Fair Housing Act.
But, how do the U.S. Department of Housing and Urban Development or HUD enforce this law?
HUD employs two methods of enforcement:
- Investigating discrimination claims – Obviously, anyone who feels like their Fair Housing right has been infringed can file a discrimination claim. Thereafter, HUD dispatches a team to investigate the claim. If they find any merit to the case, they’ll decide on the best course of action.
- Fair Housing Testers – HUD uses this technique to check whether sellers or landlords are compliant with the Fair Housing Act. They do so by hiring ordinary people to pose as tenants and home buyers. Therefore, as a landlord or seller, you have to be extra cautious with the things you say on the phone, face-to-face, or on an advertisement to your prospective tenants or home buyers.
6. Are there any exemptions?
Does the Fair Housing Act apply to everyone in Seattle, WA?
No. There are a few exemptions worth noting including:
- A members-only private club or organization,
- Single-family homes sold or rented without using a broker, and;
- an owner-occupied home with less than 4 rentable units.
7. What are the penalties for violating the Fair Housing Act?
In case you innocently (or not so innocently) violate the Fair Housing Law and take part in discrimination, there are a few penalties you may face.
Moreover, the penalties vary depending on the nature of the violation.
For example:
- A simple discrimination charge attracts a fine or imprisonment for at most a year or both.
- In case there are bodily injuries, the use/attempted use/threatened use of dangerous weapons/explosives/fire, there shall be a fine to be paid or imprisonment for at most ten years or both.
- Lastly, if the discrimination results in a death/attempt to kill, kidnapping/attempted kidnapping, aggravated sexual abuse/attempted aggravated sexual abuse, the penalty may be a fine or imprisonment for any number of years (sometimes life imprisonment), or both.
8. Are there ways to avoid an accusation of discrimination?
There are a few things you can do to steer clear of Fair Housing charges. For example:
- Treat every prospective tenant as a HUD agent trying to bust you for discrimination. Therefore, choose your words carefully when you contact a prospective tenant or create an advertisement.
- Despite the fact that you are expected to comply with the Fair Housing Law, there are a few qualities you can use to deny the sale or renting of your rental property. These things include criminal records, poor credit, inability to pay the rent, or even unhealthy lifestyles like smoking.
- Maintain consistency at all times. Vetting your prospects using the same process minimizes the chances of you being accused of discrimination. Also, treat everyone with respect, dignity, and kindness.
In summary, these are eight of the most common questions people ask about the Fair Housing Act. If you are a landlord or a rental property investor in Seattle, WA, the information provided above can greatly help you to avoid legal issues with your prospects due to discrimination.