Educational Resources

On this page you will find a variety of publications and guidance about relevant fair housing issues. Please note that for many of the files available for download on this page, you will need Adobe Reader. If you do not have Adobe Reader, click here to download it free.

Please note that if alternative formats of any of these publications are needed for those with disabilities, please contact the FHCCI (info@fhcci.org) and we will attempt to accommodate.

Click on any of the subjects below to go to that section:
What is Fair Housing?
Possible Remedies
Enforcement
General Information on Fair Housing
Advertising Guidance
Disability (Handicap) Guidance
Families with Children & Fair Housing (Familial Status)
Gender (Sex) Discrimination (Including Gender Identity)
Military Service Veteran Status
National Origin, Immigration & Limited English Guidance
Religious Guidance
Sexual Orientation
Homelessness
Lending
Miscellaneous (includes landlord/tenant, human right agencies, etc.)

What is Fair Housing?

Fair housing is a right—not a privilege. Fair housing is the law—not just an idea. Each of us is a member of several protected classes. Fair housing laws apply to and protect all of us! Fair housing is about exercising a choice and choosing where you want to live based upon your own economics. It’s the promotion of healthy, diverse neighborhoods.

Fair Housing Law

There are a number of laws concerning discrimination in housing. While the Federal Fair Housing Act is the law most frequently cited, the federal government has a number of laws and executive orders addressing the issue. The more prominent of these are summarized at the following link: Federal Fair Housing Law Summary

Generally speaking there are four basic components to any allegation of unlawful housing discrimination:

A protected class that is covered by the law, and
A discriminatory act or practice that is covered by the law, and
The most recent discriminatory act that occurred meets jurisdiction timelines, and
The allegation involves a kind of housing covered by the law(s)

For us in Central Indiana, the following protections are in place for the rental, financing, sales, insurance and/or other housing related services:

Race (any race)
Color (any color)
Religion
National Origin (any nationality)
Gender (sex – includes gender identity)
Familial Status (presence of children under 18 in the family or women who are pregnant or adults attempting to secure custody of children)
Disability (handicap)
Ancestry (Indiana state law)
Age, Sexual Orientation, Military Service Veteran Status (Indianapolis/Marion County ordinance)

If you have housing question or for additional assistance, please contact the FHCCI.

Possible Remedies

Victims of discrimination may be compensated in several ways. They may be able to get the housing they wanted or similar housing may be made available. In some cases, a cash payment can be made to reimburse for expenses caused by having to find other housing and for damages such as pain and distress.

If you win a federal civil court lawsuit, the law may also allow you to receive punitive damages. Those found in violation of the law may be assigned penalties and/or given direction on how to change their way of doing business to meet fair housing laws.

Enforcement

There are three formal ways to make a fair housing complaint: through an administrative process with the U.S. Dept of Housing and Urban Development or the Indiana Civil Rights Commission, or by filing a lawsuit in court. Residents of communities with a local human rights or relations ordinance may also have additional filing options (see a list of agencies at the bottom of this page). Please be aware of filing deadlines for the agency in which you file. Contact the FHCCI for information.

Where you should file will depend upon the type of housing discrimination alleged, the evidence obtained and/or when the alleged discrimination last occurred. Contact the FHCCI for assistance and guidance.

General Information on Fair Housing

Below is a mix of resources and guidance as it relates to fair housing at a state or federal level.

Fair Housing Center of Central Indiana Brochure:

FHCCI Publications List
FHCCI Successful Fair Housing Business Standards Fact Sheet:

FHCCI Frequently Asked Fair Housing Questions Fact Sheet:

Fair Housing: Equal Opportunity for All (HUD booklet which explains the basics of the Federal Fair Housing Act)
- English
- Spanish
- Arabic
- Cambodian
- Korean
- Russian
- Vietnamese
Fair Housing Statute and CFR References
Federal Fair Housing & Civil Rights Laws
HUD Community Development Block Grant (CDBG) Background
HUD Memos on First Amendment Issues and Fair Housing:
- HUD Memo, May 1, 2004
- HUD Memo, September 2, 1994
HUD 39 Steps to Fair Housing (an historical history)
Indiana Fair Housing Act
Indiana Civil Rights Commission (ICRC) Fair Housing Poster:

Advertising Guidance

There are very few exemptions under fair housing laws as it relates to advertising. This is largely due to the impact of advertising.

FHCCI Advertising for Roommates or Housemates Fact Sheet:

Miami Valley Fair Housing Center Fair Housing Advertising Word and Phrase List
HUD Memo on Advertising, January 9, 1995 (commonly called the Achtenberg Memo)
HUD Memo on Name Preferences, February 23, 2006
HUD Memo on Internet Advertising:
- March 25, 2009
- September 20, 2006
HUD Advertising Appendix Part 109 (Please note that this Appendix was withdrawn by HUD but is still used by HUD for guidance and recommendations of policy.)
Fair Housing Statute and CFR References (including advertising)
HUD Logo: If you’re interested in downloading a HUD logo for advertisements
“FOR RENT: NO KIDS! How Internet Housing Advertisements Perpetuate Discrimination,” National Fair Housing Alliance, August 11, 2009.

Disability (Handicap) Guidance

Federal fair housing laws define disability as an impairment that “substantially” limits a major life activity. Disability issues in fair housing typically fall into five primary categories: reasonable accommodations, reasonable modifications, service animals (a type of reasonable accommodation), accessibility and zoning (most often related to group homes).

HUD Fair Housing Disability Study: HUD 2005 study which showed that people with disabilities face discrimination in up to half of rental inquiries
Using People First Language:

What Not To Do – Using People First Language
The Power of Words: A Guide to Interacting with People with Disabilities: Good resource for the use of people first language.

Reasonable Accommodations and Modifications:

FHCCI Reasonable Accommodations and Modifications Fact Sheet

FHCCI Guide to Reasonable Accommodations and Modifications
HUD-DOJ Joint Statement on Reasonable Accommodations Under the Fair Housing Act
HUD-DOJ Joint Statement on Reasonable Modifications Under the Fair Housing Act
HUD Guidance Memo on Insurance Coverage and Reasonable Accommodation
HUD Guidance Memo on Requests for Exception Payment Standards for Person with Disabilities as a Reasonable Accommodation: Memo outlines when a person with a disability can make a request for a reasonable accommodation for an increased payment amount through the housing assistance program. (An example may include when it relates to the need for accessible housing and being unable to find within the fair market range.)
Multiple Chemical Sensitivities: HUD Memo from March 14, 1992 on when a Multiple Chemical Sensitivity Disorder meets the definition of disability and would be protected under fair housing laws.
Bazelon Center for Mental Health Law Fact Sheets: Bazelon has a number of fact sheets available on issues involving reasonable accommodations.

Service, Assistive, Therapeutic, Emotional Support and Companion Animals:
- FHCCI Animals for Those with Disabilities Fact Sheet:
- FHCCI Guide on Animals for Those with Disabilities
- Bazelon Center, Right to Emotional Support Animals in “No Pet” Housing
- HUD Rules on Pets in Elderly Housing, October 27, 2008 (includes discussion of service animals as well).
- HUD Memo on Service/Assistive Animals, February 17, 2011
- HUD Memo on Assistance Animals, April 30, 2013
Accessibility Issues: Multi-family properties built for first occupancy as of March 13, 1991 have to be accessible to people with disabilities under fair housing laws.

FHCCI Accessibility Fact Sheet:

Fair Housing Accessibility FIRST: HUD funded project which provides training and resources (including access to architects) on the Fair Housing Act Accessibility Requirements.
Fair Housing Act Design Manual: Great HUD resource regarding accessibility requirements for multi-family properties built for first occupancy after March 13, 1991
Federal Register, Vol. 56, No. 44, March 6, 1991: Accessibility requirements.
HUD-DOJ Joint Statement on Accessibility (Design and Construction) Requirements for Covered Multifamily Buildings Under the Fair Housing Act, May 1, 2013.

Zoning and Group Homes: Joint Statement of the DOJ and HUD on Group Homes, Local Land Use and the Fair Housing Act, August 18, 1999

Families with Children & Fair Housing (Familial Status)

Protections for familial status under fair housing laws include (1) presence of children under 18 in the family, (2) women who are pregnant and/or (3) adults attempting to secure custody of children through adoption or guardianship.

FHCCI Fair Housing Laws and Familial Status Protections Fact Sheet:

HUD Memo on Occupancy Standards, December 18, 1988 (commonly called the Keating Memo)
HUD Guidance Memo on Conversion of Property to Housing for Older Persons, April 2, 1999
HUD Question & Answer Memo on Housing for Older Persons 2005
HUD Occupancy Standard Manual for Subsidized Multifamily Housing Projects
Lead Based Paint Issues EPA Booklet: Protect Your Family From Lead in Your Home
HUD Memo on Fair Housing & Lead Based Paint Disclosure

Gender (Sex) Discrimination (Including Gender Identity)

Gender discrimination under fair housing laws includes treating someone differently because they are male or female. In addition, recent guidance issued by the federal government also protects persons from housing discrimination due to their gender identity under the federal protection of gender.

Sexual Harassment:
- HUD Guidance on Sexual Harassment
Domestic Violence and Assault:
- FHCCI Domestic Violence and Assault and Fair Housing Laws Fact Sheet:
- HUD Memo on Fair Housing Complaints and Domestic Violence, February 9, 2011
- HUD Domestic Violence Certification Form 2008
- Indiana Code 32-31-9
- ACLU Publication on “Fair Housing for Battered Women: Preventing Homelessness Through Civil Rights Laws”
- ACLU Publication on “Housing Discrimination and Domestic Violence”
- ACLU Publication on “The Rights of Domestic Violence Survivors in Public and Subsidized Housing”
- Domestic Violence & Fair Housing as published by the National Law Center:
  - English
  - Spanish
Gender Identity/Transgender: Transgender is an umbrella term for people whose gender identity, expression or behavior is different from those typically associated with their assigned sex at birth, including but not limited to transsexuals, crossdressers, androgynous people, genderqueers, and gender non-conforming people. Recent guidance issued by the federal government protects persons from housing discrimination due to their gender identity under the federal protection of gender. Residents of Indianapolis and Marion County also have such protection from housing discrimination under a local ordinance. Some states (Indiana not included) also provide state protection. You should review your state’s fair housing law or your community’s human rights/relations law or ordinance for any local protections.

FHCCI Transgender/Gender Identity in Housing Fact Sheet:

Military Service Veteran Status

Indianapolis/Marion County Ordinance (includes military service veteran status) (choose the link for Chapter 581)
HUD Guidance Questions & Answers for Reservists, Guardsmen and Other Military Personnel
Servicemembers Civil Relief Act (SCRA): Provides information on mortgage relief and rental leases

National Origin, Immigration & Limited English Guidance

Religious Guidance

HUD Memo on Displaying of Religious Items, December 20, 2001

Sexual Orientation

Sexual orientation generally refers to a person who identifies as heterosexual, gay, lesbian, or bisexual. Currently, the federal Fair Housing Act does not provide protection due to sexual orientation except as it relates to issued guidance (below) in public housing programs. However, residents of Indianapolis and Marion County do have such protection from housing discrimination under a local ordinance. Some states (Indiana not included) also provide state protection. You should review your state’s fair housing law or your community’s human rights/relations law or ordinance for any local protections.