Discrimination in Property

Question 1

What is the Fair Housing Act (FHA)?

Answer 1

The FHA bans discrimination in the sale, rental, financing, or advertising of multi-family residential homes.

Protected classes include:
1) Race
2) Color
3) Religion
4) National Origin
5) Sex
6) Disability (must provide reasonable accommodations
7) Family Status (if person has minor children or is pregnant)

Question 2

What does the FHA ban?

Answer 2

1) Refusing to sell, rent, or finance based on a protected class

2) Charging different rents

3) Falsely claiming a unit is unavailable

4) Providing tenants different services [absent disability reasonable accommodations]

5) Stating discriminatory intent in advertisement

Question 3

What are exceptions to the FHA?

Answer 3

1) Single family homes that are sold and rented without a broker

2) Owner occupied homes with four or fewer living units

3) Religious clubs and organizations

NOTE: 1 and 2 do not apply for advertisements, unless they are shared living space or sex/gender preference ads.

Question 4

What do you have to show to succeed on an FHA claim?

Answer 4

Must demonstrate either

1) Intent with disparate impact

2) Effect with disparate impact