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Real Estate Facts and Trivia: Housing Discrimination and the Fair Housing Act

Every real estate dealer and landlord welcomes prospective buyers or renters with open arms. But in some instances, landlords and real estate agents may turn down a client based on their color, sex, religion, and nationality. If these has happened to you, you can be considered as a victim of housing discrimination, and, under the Fair Housing Law, you may sue the landlord or real estate agent concerned.

            As define by Justia, Housing discrimination occurs when a seller, landlord, lender, or real estate agent discriminates against a person in the sale, rental or financing of house, condo or apartment. Federal and state governments regulate housing discrimination under the Fair Housing Act and individual state anti-discrimination statutes.

            According to US Housing and Urban Development, The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing. The prohibitions specifically cover discrimination because of race, color, national origin, religion, sex, disability and the presence of children.

            The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

            Real Estate Agents and Landlords are prohibited to take the following actions based on race, color, national origin, religion, sex, familial status or handicap:

  • Refuse to rent or sell housing
  • Refuse to negotiate for housing
  • Make housing unavailable
  • Deny a dwelling
  • Set different terms, conditions or privileges for sale or rental of a dwelling
  • Provide different housing services or facilities
  • Falsely deny that housing is available for inspection, sale, or rental
  • For profit, persuade owners to sell or rent (blockbusting) or
  • Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

If you have been a victim of housing discrimination or you feel your right has been violated feel free to file case to US HUD. The Housing Discrimination Complaint Form is available for you to download, complete and return, or complete online and submit, or you may write HUD a letter, or telephone the HUD Office nearest you. You have one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible. You should also consider hiring a real estate lawyer because each case is unique and can be complex.


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