A Comprehensive Guide to the Fair Housing Act & Fair Housing Amendments Act

The Fair Housing Act (FHA) and Fair Housing Amendments Act (FHAA) protect individuals from unlawful discrimination based on any of seven protected classes that include race, color, religion, disability, national origin, familial status, and sex. It is the law of the land and applies to all housing, whether rental properties, housing that is sold, mortgaged, or even homeowner’s association rules.

What Does the Fair Housing Act Prohibit?

The Fair Housing Act prohibits discrimination in housing-related activities such as; renting, selling, financing, and advertising housing. In addition, the FHA also prohibits discriminatory practices related to the provision of mortgage loans and other forms of financial assistance. Homeowner associations and other organizations are also prohibited from discriminating under this law.

What Does the Fair Housing Amendments Act Do?

The Fair Housing Amendments Act (FHAA) strengthens the protections offered by the FHA by expanding the definition of a protected class to include disability, age, sexual orientation, marital status, and gender identity. The FHAA prohibits discrimination based on these classes, making it illegal to refuse to rent housing to anyone based on their disability status, age, sexual orientation, marital status, or gender identity.

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Modern Examples of Fair Housing Regulation

In a modern context, the laws of the Fair Housing Act and Fair Housing Amendments Act are applicable to issues of experience or background. For example, an individual who was incarcerated for a nonviolent crime should not be discriminated against when searching for a place to live. They would be considered a protected class under the Fair Housing Amendments Act.

Additionally, recent court cases have been brought against housing providers for failing to make accommodations that compliant with the Americans with Disabilities Act (ADA). An example of this would be refusing to make a reasonable modification to an accessible unit for a person witha physical disability. Such modifications could include widening a doorway, lowering light switches, or providing an accommodation that is necessary to allow full access to a housing unit.

Related Legal Concepts

Understanding the Fair Housing Act often intersects with other civil rights protections, including the Age Discrimination in Employment Act (ADEA) which addresses age-based discrimination in the workplace, and the Rehabilitation Act of 1973 which established foundational disability rights protections. Housing discrimination cases frequently involve oversight by Housing and Urban Development (HUD), the federal agency responsible for enforcing fair housing laws and investigating complaints. These laws work together to create a comprehensive framework protecting individuals from discrimination across various aspects of life.

The Bottom Line

The Fair Housing Act and Fair Housing Amendments Act establish crucial protections against housing discrimination based on protected characteristics, ensuring equal access to housing opportunities for all individuals. These laws apply broadly to rental properties, home sales, financing, and housing-related services, creating enforceable rights for those who experience discrimination. For guidance specific to your situation, always consult a qualified, licensed attorney.