The Fair Housing Act is a law that was established to prevent discriminatory practices that deny housing opportunities to individuals based on factors beyond their control.
This essential legislative shield aims to protect the rights of individuals and families in their quest for equitable housing in the United States. It also prevents them from unfair breaking of the lease from the landlord's side.
What is the Fair Housing Act?
The Fair Housing Act, at its essence, is a legislation that declares housing discrimination illegal. Under this act, no one can be denied housing, or treated unfairly in the housing market based on factors they can’t control.
The act is a federal commitment to ensuring that every American has access to housing without facing discrimination. It was initially established in 1968, and it aims to ensure that housing should not be a privilege granted based on arbitrary characteristics but rather a basic right accessible to all.
This law is an ethical obligation that all individuals and entities involved in the housing market must adhere to. This includes landlords, property managers, real estate agents, lenders, appraisers, and others involved in a housing transaction.
Anyone who plays a role in the housing ecosystem should be aware of and committed to the principles embedded in the Fair Housing Act.
Protected Classes in New York
In New York, the seven protected classes under the Federal Fair Housing Act are also covered. New York housing providers are prohibited from discriminating against individuals for housing opportunities or unlawful eviction based on the following:
● Race: Discrimination based on a person's race or perceived racial identity is expressly prohibited. This includes individuals of all races, ethnicities, and backgrounds.
● Color: The act also shields against discrimination based on skin color or complexion, ensuring that no one is unfairly treated due to the hue of their skin.
● National Origin: Discrimination based on a person's country of origin, ancestry, or national identity is strictly forbidden. This protects immigrants and individuals from diverse backgrounds. Diversity can even be an advantage in multifamily homes.
● Religion or Creed: New York law safeguards individuals from housing discrimination on the grounds of their religious beliefs or practices, promoting religious freedom and tolerance.
● Sex: Gender-based discrimination, including unequal treatment or harassment due to one's gender or sexual orientation, is prohibited. This is a vital protection for LGBTQ+ individuals.
● Familial Status: This class ensures that families with children under the age of 18 are not unfairly denied housing or subjected to discriminatory practices.
● Disability: Discrimination against individuals with disabilities is strictly prohibited. This includes providing reasonable accommodations for those with disabilities to ensure equal access to housing.
In addition to the above federally protected classes, the New York Fair Housing Act also protects individuals from being discriminated against based on the following factors:
● Marital Status: New York's Fair Housing Act is a part of the state's landlord-tenant law that includes protection against discrimination based on an individual's marital status, whether they are married, single, divorced, or widowed.
● Sexual Orientation: Discrimination based on one's sexual orientation is specifically outlawed under New York law. This protection is a significant step towards creating inclusive housing opportunities for LGBTQ+ individuals and couples.
● Age: Age-related discrimination, whether against younger or older individuals, is prohibited, ensuring that housing opportunities remain open to all age groups.
● Citizenship Status: Discrimination based on an individual's citizenship or immigration status is strictly prohibited, ensuring that immigrants are treated fairly in the housing market.
● Gender: Discrimination based on gender identity or expression is expressly prohibited, fostering an inclusive housing environment for transgender and gender-nonconforming individuals.
● Lawful Occupation: Individuals cannot be discriminated against based on their lawful occupation, ensuring that a wide range of professions have equal access to housing.
● Lawful Source of Income: Discrimination based on the source of an individual's income, as long as it is lawful, is prohibited. This includes protection for those receiving government assistance or housing vouchers.
● Partnership Status: Discrimination against individuals based on their partnership status, such as in a civil union or domestic partnership, is not tolerated.
● Military Status: Active duty, reserve, or veteran status cannot be the basis for housing discrimination, ensuring that military personnel and veterans have access to housing.
● Status as a Victim of Domestic Violence, Stalking, or Sex Offenses: Victims of domestic violence, sex offenses, or stalking are protected under New York's Fair Housing Act to prevent them from being discriminated against due to their status.
Examples of Discrimination Cases
To truly understand the importance of these protected classes, let's examine some real-world examples of discrimination cases involving them:
1. Familial Status
A family with young children was looking to rent a house. They found a suitable property, but the landlord informed them that families with children were not preferred as tenants due to concerns about noise and potential damage, or try to make them pay a higher security deposit.
This was a direct violation of the Fair Housing Act's protections for familial status.
2. Disability
A tenant with a disability requested a reasonable accommodation—a designated parking space closer to their unit to accommodate mobility challenges. The landlord denied the request without justification. This constituted discrimination based on disability, which is prohibited under New York law.
3. Lawful Source of Income
A prospective tenant with a lawful housing voucher was denied the opportunity to rent an apartment by a landlord who had a policy against accepting vouchers. This was a violation of the Fair Housing Act, which prohibits discrimination based on lawful sources of income.
Exemptions to the Fair Housing Act
The following may be exempted from the Fair Housing Act:
● Owner-Occupied Buildings with Four or Fewer Units: The FHA generally does not apply to rental of single-family homes, condos, or buildings with four or fewer units when the owner lives in one of the units. In such cases, owner-occupiers have more discretion in choosing tenants.
● Religious Organizations and Private Clubs: Some religious organizations and private clubs may be exempt from certain provisions of the Fair Housing Act when renting or leasing housing to members or affiliates of their religious group or club. However, this exemption does not permit discrimination based on race, color, or national origin.
● Housing Designated as 55+: Housing communities that are specifically designed and operated for older persons (usually defined as 55 or older) may have exemptions from certain familial status and age protections under the Fair Housing Act. However, there are strict requirements for such communities to qualify for this exemption.
Bottom Line
The importance of the Fair Housing Act champions the values of justice, equality, and inclusivity. This act dismantles the barriers of discrimination and ensures that housing opportunities are truly open to everyone, regardless of who they are or where they come from.
If you have more questions, work with a reliable property management company. Call Olympic Property Management and we will be happy to assist you.