Housing act 1988, section 29 is up to date with all changes known to be in force on or before 24 april 2020. It expanded the original act to protect disabled people and families with children from discrimination as well. An important outcome of that legislation was the ability to challenge local zoning laws prohibiting community or group living for individuals with disabilities. The amendments expand coverage of title viii to prohibit discrimi natory housing practices based. To discriminate against any person in the terms, conditions, or privileges of sale or. The federal fair housing act refers to title viii of the civil rights act of 1968. Congress passed the act in an effort to impose a comprehensive solution to the problem of unlawful discrimination in housing based on race, color, sex, national origin, or religion. The civil rights act of 1968, as amended by the fair housing amendment act of 1988, provides civil rights protection to applicants and tenants of rented or leased housing and purchasers of residential dwelling units. Fair housing act as amended title viii of the 1968. In 1988, congress passed the fair housing amendments act. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling. Apr 04, 2020 fair housing act, also called title viii of the civil rights act of 1968, u. Understanding the fair housing amendments act united spinal.
The department of housing and urban development hud enforces the fair housing act, which prohibits discrimination and the intimidation of people in their. The act amends title viii of the civil rights act of 1968, which prohibits discrimination on the basis of race, color, religion, sex or national origin in housing sales, rentals or financing. To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin. Click on the link below to find out which of our homebuyer programs may be right for you. The federal fair housing act, enacted in 1968 as title viii of the civil.
Title viii of the 1968 civil rights act fair housing accessibility first. The fair housing act, as amended in 1988, prohibits discrimination on the basis of race, colour, religion, sex, disability, family status, and national origin. This booklet is designed to acquaint people with disabilities, advocates, providers, and attorneys with the fair housing amendments act of 1988 fhaa or the act i. A major victory for fair housing occurred after passage of the 1988 fair housing amendments act, which among other things extended protections to individuals with disabilities. Sections 20301 to 20344 shall be known and may be cited as the nebraska fair housing act. Additional protections apply to federallyassisted housing. The fair housing amendments act of 1988 hereinafter fhaa or the act represents the culmination of a tenyear effort to expand the federal governments enforcement authority over complaints of housing discrimination.
Housing act 1988 is up to date with all changes known to be in force on or before 03 may 2020. Nfha disparate impact information national fair housing. It is the policy of the state of nebraska that there shall be no discrimination in the acquisition, ownership, possession, or enjoyment of housing throughout the state of nebraska in accordance. Fair housing act of 1968 legal definition of fair housing. Learn about the history of the fair housing act, and read examples of the many forms of. In 1988, the fair housing amendments act added familial status and disability to the list, making a total of seven. The fair housing amendments act fhaa was signed into law on.
According to federal law, it is unlawful to intimidate, threaten or interfere with any person in their pursuit or enjoyment of rights protected by the federal fair housing act of 1968. There are changes that may be brought into force at a future date. The act was created on the principle that every american should have an equal opportunity to seek a place to live, without being afraid of discrimination due to factors outside their control. This act, in addition to the texas fair housing act. Our charge is to help communities build upon their assets to create places with ready.
The amendments expand coverage of title viii to prohibit discrimi natory housing practices based on disability1 and. At ihcda, we believe that growing indiana s economy starts at home. Fair housing amendments act of 1988 establishes statutorily. A bill to amend title viii of the act commonly called the civil rights act of 1968, to revise the procedures for the enforcement of fair housing, and for other purposes. The rich diversity of its citizens and the spirit of unity that binds us all symbolize the principles of freedom and justice upon which this nation was founded. The fair housing act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing related activities. Fair housing accessibility guidelines national fair housing. Fmha or its successor agency under public law 103354 employees, fmha or its successor agency under public law 103354 borrowers, contractors, packagers, and others who provide housing for sale or rent, are obligated under the provisions of title viii of the civil rights act of 1968 to provide fair housing to all persons regardless of race, color, religion, sex, or national origin. The fair housing act, as amended in 1988, prohibits discrimination on the basis of race, colour, religion, sex, disability. An act to make further provision with respect to dwellinghouses let on tenancies or occupied under licences. Covered multifamily dwellings means buildings consisting of four or more dwelling units if such buildings have one or more elevators. It is the policy of the commonwealth of virginia to provide for fair housing throughout the commonwealth, to all its citizens, regardless of race, color, religion, national origin, sex, elderliness, familial status, or handicap, and to that end to. Like most important pieces of federal legislation, the fair housing act and the 1988 amendments act embody a series of careful compromises crafted by members of. The affirmatively furthering fair housing rule and the assessment tools.
Hud oversight, programs, and activities congressional research service 1 introduction the fair housing act was enacted as title viii of the civil rights act of 1968 p. Everyone can agree that all hoosiers should have the. Fair housing laws, regulations and executive orders mapc. The fair housing act of 1968 laid the groundwork that outlawed discrimination against buyers and tenants based on race, color, religion, sex and nationality the fair housing amendment acts of 1988 that we will be discussing here was the big update to this law. This act was amended by the federal fair housing amendment act of 1988 to make it illegal to discriminate in housing based on these factors. Title viii of the civil rights act of 1968, as amended by congress in 1988 in enactment of the federal fair housing act, prohibits discrimination in the provision of housing and housing related services based on race color, religion, national origin, sex gender, familial status presence of children under the age of 18, and handicap. The fair housing act amendments act of 1988 and group homes. Fair housing policy hawaii public housing authority. Like most important pieces of federal legislation, the fair housing act and the. The new jersey supreme court, through its rulings in south burlington county naacp v. The fair housing act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. The fair housing act amendments act of 1988 and group homes for the handicapped by john h. Fair housing act, also called title viii of the civil rights act of 1968, u.
In 1988, congress passed the fair housing amendments act, which expanded the law to prohibit discrimination in housing based on disability or on. Be it enacted by the senate and house of representatives of the. Fair housing act as amended title viii of the 1968 civil rights act sec. A transition period permits residents on or before september, 1988, to continue living in the housing, regardless of their age, without. Housing discrimination in the united states wikipedia. For purposes of the fair housing act, a dwelling is defined as any building, structure, or any portion thereof. Changes that have been made appear in the content and are referenced with annotations. Additionally, the 1988 amendment added people with disabilities and families with children to the classes covered by the act. Its coverage includes private housing, housing that receives federal financial assistance, and state and local government housing. Title viii of the 1968 civil rights act, also known as the federal fair housing act, made it illegal to discriminate in the buying, selling or renting of housing because of a persons race, color, religion or national origin. At ihcda we offer programs that assist hoosiers with making down payments, getting low interest rate loans and offering tax credits. The fair housing act is a law created to help limit discriminatory practices related to landlords, tenants, and housing. Fair housing 101 national fair housing advocate online. Covered multifamily dwellings means buildings consisting of four or more dwelling units if such.
Accessibility requirements for new multifamily buildings. After the federal fair housing amendments act in 1988 added handicap and familial status, the colorado act was amended to add familial status and to expand the definition of handicap to include both physical and mental. It is the policy of the united states to provide, within constitutional limitations, for fair housing throughout the united states. In buildings with four or more units that were first occupied after. Amends the civil rights act of 1968 to include within the definition of discriminatory housing practice new prohibitions against coercion, intimidation. The fair housing act amendments act of 1988 and group. The fair housing amendment act of 1988 did make a system of administrative law judges to hear housing discrimination cases to help against the illegal actions.
Housing discrimination under the fair housing act hud. Fair housing amendments act of 1988 design and construction requirements the fair housing amendments act of 1988 outlines design and construction requirements for covered multifamily dwellings for first occupancy after march, 1991. The michigan state housing development authority supports. But the fair housing act was also amended in 1988 to allow plaintiffs attorneys to recover attorneys fees. The original antidiscrimination legislation, title viii of the civil rights act. Fair housing act as amended title viii of the 1968 civil. This act shall be known and may be cited as the fair housing act. This act was amended by the federal fair housing amendment act of 1988 to make it illegal to. Fair housing amendments act of 1988 in plain english. Any person who believes they have been discriminated against with regard to housing in michigan may file a complaint with. Fair hosig equal opportunity for all fair housing equal opportunity for all america, in every way, represents equality of opportunity for all persons. Twenty years later, congress passed the fair housing amendments act of 1988, a law that significantly expanded the scope of the original legislation and strengthened its enforcement mecha. Title viii of the civil rights act of 1968, as amended by congress in 1988 in enactment of the federal fair housing act, prohibits discrimination in the provision of housing and housingrelated services based on race color, religion, national origin, sex gender, familial status.
Fair housing accessibility first has been contracted by hud to provide information, materials, and technical assistance to all relevant stakeholders about the accessibility design and construction requirements of the fair housing act as amended in 1988. Hawaii revised statues which further expands the protection provided by state law. Fair housing challenges for senior housing providers robin. Its your right, a 1993 brochure from the department of housing and urban development. Inclusionary development means a residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of low and moderate income households.
Section 504 covers housing providers that receive federal financial assistance from the u. The fair housing act prohibits discrimination in the sale, rental, financing and insuring of dwellings on the basis of color, race, religion, sex. The fair housing acts nondiscrimination requirements extend to all dwellings except those covered by a specific exemption in the statute. The fair housing amendments act of 1988 and housing discrimination against people with mental disabilities. In 1988, congress passed the fair housing amendments act, which expanded the law to prohibit discrimination in housing based on disability or on family status pregnant women or the presence of.
Thirty years ago, congress enacted the landmark fair housing act of 1968, which outlawed for the first time private as well as public discrimination in housing. Everyone can agree that all hoosiers should have the opportunity to live in safe, affordable, goodquality housing in economically stable communities. Disparate impact is a legal doctrine under the fair housing act which states that a policy may be considered discriminatory if it has a disproportionate adverse impact against any group based on race, national origin, color, religion, sex, familial status, or disability when there is no legitimate, nondiscriminatory business need for the policy. The fair housing amendments act fhaa was signed into law on september, 1988, and became effective on march 12, 1989. The fair housing amendment act of 1988 was established to enforce harsher penalties for those who sale or rent property and discriminate against people who have disabilities. The fair housing act fha, as amended in 1988, is a federal law that prohibits discrimination based on disability, race, color, national origin, religion, sex and familial status when a person is buying, renting, or securing finances for a home. Fair housing equal opportunity for all however, the fair housing act does not protect a person who is a direct threat to the health or safety of others or who currently uses illegal drugs. This chapter shall be known and referred to as the virginia fair housing law. The fair housing amendments act of 1988 outlines design and construction requirements for covered multifamily dwellings for first occupancy after march, 1991. The fair housing act covers virtually all types of housing, including privately. A fair housing act fha, also known as the fair housing amendments act of 1988 for emotional support animals and service animals, is a federal law that states that any individual who is suffering from mental or physical disability and has an emotional support animal, cannot be turned away from housing even if there is a no pet policy. I qualify as an individual with a disability as defined by the federal fair housing act amendments of 1988.
This act and the amendments made by this act see short title of 1988 amendment note below shall take effect on the 180th day beginning. Other examples of federal legislation may include increased federal legislation enforcement, scatteredsite housing, 11 or state and local enforcement on a more concentrated level. Respondent agrees to comply with all the provisions of the fair housing act of 1968, as amended by the fair housing amendments act of 1988. Disparate impact is a legal doctrine under the fair housing act which states that a policy may be considered discriminatory if it has a disproportionate adverse impact against any group based on race, national origin, color, religion, sex, familial status, continue reading nfha disparate impact information. Respondent acknowledges that the fair housing act makes it unlawful to discriminate on the basis of race, color, national origin, religion, sex, familial status, or disability, and further makes it.
271 819 892 656 590 512 489 571 10 60 969 777 1223 1145 1221 816 186 732 1367 1426 329 1489 520 1233 1073 716 721 274 801 593 469 1421 281 297 190 320 512 463 890 141 487 149 700