Fair Housing and Discrimination

Question 1

Fair Housing Act (Title VIII)

Answer 1

Federal law that has multiple anti-discrimination rules.

Question 2

Discriminatory Business under the FHA

Answer 2

The FHA prohibits refusing to sell or rent a dwelling, or discriminate in sales or rental terms to any person based on race, color, religion, sex, handicap, familial status (children), or national origin.

Question 3

Discriminatory Advertising Under FHA

Answer 3

The FHA prohibits advertising the sale or rental of a dwelling indicating discrimination based on race, color, religion, sex, handicap, familial status, or national origin.

Question 4

Interference with Housing Rights Under FHA

Answer 4

The FHA prohibits one from coercing, threatening, intimidating, or interfering with a person’s exercise of housing rights for discriminatory reasons or retaliating against anyone who encourages the exercise of housing rights.

Question 5

When The FHA Does Not Apply

Answer 5

• The anti-discrimination rules (other than discriminatory advertisements) do not apply if the owner occupies one of the units in a multiple-unit dwelling containing no more than four units occupied by persons “living independently of each other.”
• Religious organizations providing housing for members of their order are exempt.
• Housing individuals, are also exempt.

Question 6

Agency Enforcement of FHA

Answer 6

Conducted by the Secretary of Housing and Urban Development (HUD)

Question 7

HUD Procedures

Answer 7

1) Aggrieved person must file sworn complaint with HUD within 1 year of alleged offense (the Secretary can also file complaints)
2) Within 10 days after complaint is filed; Secretary must notify complainant and the respondent; after which the Respondent has 10 days to answer
3) The Secretary must complete the investigation into the complaint within 100 days (unless impracticable)
4) Secretary must encourage the complainant and respondent to create a conciliation agreement
5) The Secretary must issue a charge on behalf of the complainant or or dismiss the complaint
6) If a charge is issued –> Complainant elects to have an admin hearing or a judicial trial
7) At conclusion of admin hearing or trial –> remedies may be awarded
8) The result of admin hearing may be appealed through the federal court system.

Question 8

Private Enforcement of FHA

Answer 8

• An aggrieved person may file suit in a federal or state court no later than 2 years after the alleged discrimination.
• Prior filing with HUD is not required, but if one has already started a complaint with HUD, they cannot later bring their own suit.

Question 9

Private Enforcement of Conciliation Agreements

Answer 9

An aggrieved person may also file suit to enforce a conciliation agreement reached through HUD.

Question 10

AG Enforcement of FHA

Answer 10

Upon reasonable cause to believe that a person or group has been subject to housing discrimination, the AG may commence a civil action in federal court to enforce the FHA. The AG may also enforce conciliation agreements.

Question 11

Intent Under the FHA

Answer 11

The SC has held that no proof of intent to violate the FHA is needed. Therefore, intent is not required, and disparate impact claims are available.

Question 12

Disparate Impact Claims Under FHA

Answer 12

The complainant must show a disparate impact on a protected group caused by the respondent’s actions. Burden then shifts to the respondent to prove that the challenged practice is necessary to achieve a substantial nondiscriminatory interest.