Fair Housing
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. Download the FHCCI’s fair housing brochure or review the video below to learn more about fair housing laws.
Fair Housing Laws
There are several laws which work to eliminate discrimination in housing and housing-related services. 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.
Generally speaking there are four basic components to any allegation of unlawful housing discrimination under the federal Fair Housing Act:
- 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 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, gender expression, sexual orientation, or being transgender)
- Familial Status (presence of children under 18 in the family or persons who are pregnant or adults attempting to secure custody of children)
- Disability (handicap)
- Ancestry (Indiana state law)
If you have housing question or need additional assistance, please contact the FHCCI.
What are the possible signs?
Charging additional rent or deposits because someone needs an animal to assist them with their disability.
- Advertisements, signs or flyers which state “no children,” “no minorities,” or “Hispanics Need Not Apply.”
- Limiting the number of children in a complex or confining them to a specific location or floor.
- Being propositioned for sex in exchange for rent or deposits and/or inappropriate comments.
- Requiring Muslims to pay for criminal background checks but not requiring of other religions, races or nationalities.
- Refusing to rent to a person using a wheelchair for fear a unit might be damaged.
- Steering minority homeowners to sections of the city where other minorities live or telling white home seekers to stay out of some areas.
- Tenancy rules are enforced for some residents but not others.
- Lack of accessibility in a newly constructed multi-family building.
Possible Remedies
Those who file enforcement actions to address alleged violations of law may be able to get the housing they wanted or similar housing may be made available. They also may be able to seek corrective action to ensure that what they experienced does not happen to someone else. This may mean an agreement by the housing provider to change their rules or policies, receive fair housing training, or other community based relief. In some situations, monetary payments may 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. Please be aware of filing deadlines for the agency in which you file. Where you may have jurisdiction to 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.
Additional Resources
The federal Fair Housing Act protects all of us in multiple ways due to our race, color, religion, national origin, sex, disability, and/or familial status.
- Fair Housing Center of Central Indiana Publications (fact sheets, posters, and more!)
- Fair Housing Information Clearinghouse
- Fair Housing: Equal Opportunity for All (HUD booklet which explains the basics of the Federal Fair Housing Act)
- HUD Fair Housing Poster – Basic – English – Recommended for Office Posting. Note: There are also other designs of HUD Fair Housing Posters and Brochures (downloadable and in multiple languages in different colors and designs)
- Fair Housing Act
- Fair Housing CFRs
- HUD 39 Steps to Fair Housing (an historical history)
- HUD Title VIII Complaint Intake, Investigation, and Conciliation Handbook
- Indiana Fair Housing Act (Indiana Code 22-9.5) and regulations
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