It’s no secret that the United States has had issues with racial tension and discrimination over the years. The Civil Right Movement of the 1960’s was an important time period for race relations. Legislation protecting the rights of Americans to fair housing treatment had been attempted since the 1800s. But it was not until the 1960’s that real progress was made.
The Rumford Fair Housing Act of 1963 and the Civil Rights Act of 1964 were two of the first real steps toward housing equality. But it was in the wake of a tragedy that shocked the whole nation that true groundbreaking legislation took place.
The year was 1968, one week after the assassination of Dr. Martin Luther King Jr. President Lyndon B. Johnson signed into law the Federal Fair Housing Act, which protects the rights of various classes, preventing landlords or home sellers from discriminating against them.
1. Race or Religion
It should come as no surprise that it is not legal for someone to discriminate against a potential tenant or home buyer based on their religious beliefs or race. It’s rare today to see someone come outright and state that they won’t sell or rent to certain people, but it does still occur. It’s far more common to encounter implied discrimination, such as a landlord turning away all Mexican or Muslim applicants.
2. National Origin
Much the same as discrimination based on race, it is equally illegal to refuse to rent or sell to someone based on their national origin. Landlords cannot require potential tenants of one ethnicity to provide proof of citizenship or immigration papers and not another. Doing so constitutes discrimination. In California, it is illegal for a landlord to even ask about it.
3. Age and Familial Status
No landlord or home seller may deny a potential buyer or tenant based on their familial status. This could include rejecting someone because they have children or refusing to rent to an unwed couple due to your religious beliefs.
Likewise, it is illegal to discriminate based on age. Refusing to rent to a tenant in their early 20’s because you think they’re too young is discrimination. It would also be illegal to deny someone because they are “too old.” There are age restricted communities which are exempt from this rule. These are typically gated communities that limit 80% of its residency to senior citizens over 55 years of age.
4. Disability
It is illegal to deny housing based on the presence of a physical or mental disability that limits one or more major life activities, such as hearing, mobility, vision, mental illness, or sexually transmitted disease. Disabled individuals must be judged solely on their credit score and income. Landlords may not request medical records.
This also extends to recovering alcoholics and drug addicts.
5. Gender
It is illegal to deny tenancy or sale to someone based on their gender. It is equally illegal to impose special rules on someone because they’re female or male. Tenants and buyers are also protected against sexual harassment from landlords and sellers.
Conclusion
The United States offers protection against housing discrimination and has for the last 50 years. If you believe that you are the victim of housing discrimination, it’s important to enlist the aid of a real estate attorney. An experienced law firm like New York’s Adam Leitman Bailey, P.C. will help you fight for your right to fair housing.
