What is the Fair Housing Act? Equal Opportunity Explained

Did you know you’re protected from bias by federal law in most cases when you’re buying or renting a home or a condominium? Even when you apply for a mortgage.

Here’s a Q&A guide to the law if you and your Lang Realty agent are house hunting in South Florida, and you think the Fair Housing Act may apply to you:

Q: What is housing discrimination?

It means a seller or lender cannot legally deny your housing offer or your mortgage loan application based on who you are. The act covers most housing, not just public housing. Specifically, the act prohibits discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap, and family status. Family status means you cannot be treated differently by landlords, sellers, agents, banks, management companies, operators of facilities, co-op boards, or other housing providers because you are a family with a child under the age of 18 who lives with a parent or with a person who has legal custody of a child. You are also protected if you are pregnant or if you are anticipating having legal custody of a child under the age of 18.

Q: What is the Fair Housing Act?

Title VIII of the Civil Rights Act is also known as the Fair Housing Act of 1968. The Act prohibits discrimination and the intimidation of people in their homes, apartment buildings, and condominium developments – in nearly all housing transactions, including the rental and sale of housing and the provision of mortgage loans.

Q: What does equal housing opportunity mean?

A: The phrase the government uses is “fair housing – equal opportunity for all” based on race, color, national origin, religion, sex, familial status, or disability.”

Q: Are there any exceptions to the Fair Housing Act?

A: According to the U.S. Department of Housing and Urban Development (HUD), “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.”

Q: Who enforces housing discrimination claims?

A: “Housing providers who refuse to rent or sell homes to people based on race, color, national origin, religion, sex, familial status, or disability are violating federal law, and HUD will vigorously pursue enforcement actions against them.”

Here’s a link to a booklet with details on the Fair Housing Act.