The federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, was meant to secure the buyer/renter of a home from seller/landlord discrimination. The law was the result of a civil liberties campaign versus housing discrimination in the United States. It was approved, at the advising of President Lyndon B. Johnson, only one week after the assassination of Martin Luther King, Jr.
. The Act is implemented by the United States Department of Housing and Urban Development.
HUD analyzes problems of housing discrimination based upon race, color, religious beliefs, nationwide origin, sex, disability, or familial status. At no charge to you, HUD will check out the grievance and try to resolve the matter with both parties. The process to file a complaint is covered listed below.
NOTE: If you wish to discover more about your rights as an occupant in Kansas, read this Kansas Tenant Handbook. It was originally published by the Kansas agency Housing and Credit Counseling, Inc. (HCCI), which helps people in Kansas with a variety of consumer concerns.
Here is a video to demonstrate how the Fair Housing Act protects you from discrimination on the basis of LGBTQ status.
This video discuss discrimination in Idaho, however it likewise uses to Kansas and other states too. If you feel you have been a victim of housing discrimination since of LGBTQ status, you can obtain help from KLS online or call the application line at 316-267-3975. Or you can learn how to file a problem directly with HUD by going here.
What Housing Is Covered?
The Fair Housing Act covers most housing In many cases, the Act exempts owner-occupied structures with no more than 4 units, single-family housing offered or rented without a broker, and housing operated by companies and personal clubs that restrict tenancy to members.
What Is Prohibited?
In the Sale and Rental of Housing: Nobody may take any of the following actions based upon race, color, nationwide origin, religious beliefs, sex, familial status or handicap:
- Refuse to lease or sell housing
- Refuse to bargain for housing.
- Make housing not available
- Deny a residence
- Set different terms, conditions or privileges for sale or leasing of a dwelling
- Provide different housing services or centers
- Falsely reject that housing is open for evaluation, sale, or rental
- For profit, encourage owners to offer or rent (blockbusting) or
- Deny anybody access to or subscription in a facility or service (such as a numerous listing service) related to the sale or rental of housing.
In Mortgage Lending: Nobody might take any of the following actions based upon race, color, national origin, religious beliefs, sex, familial status or handicap (special needs):
- Refuse to make a mortgage loan
- Refuse to provide info about loans
- Impose different terms or conditions on a loan, such as different interest rates, points, or costs
- Discriminate in assessing residential or commercial property
- Refuse to buy a loan or
- Set various terms or conditions for acquiring a loan.
In Addition: It is illegal for anyone to:
- Threaten, push, bully or interfere with anybody applying a fair housing right or helping others who work out that right
- Advertise or make any declaration that suggests a cap or preference based upon race, color, national origin, religion, sex, familial status, or handicap. This bar versus discriminatory marketing applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
Additional Protection if You Have an Impairment
If you or someone connected with you:
- Have a physical or psychological impairment (including hearing, mobility and visual problems, persistent alcoholism, persistent psychological illness, AIDS, AIDS Related Complex and mental retardation) that greatly limits one or more significant life activities
- Have a record of such an impairment or
- Are considered as having such an impairment
Your landlord may not:
- Refuse to let you make realistic changes to your dwelling or common usage areas, at your cost, if required for the disabled person to use the housing. (Where reasonable, the property owner might permit modifications only if you consent to bring back the residential or commercial property to its initial condition when you move.).
- Refuse to make sensible variations in guidelines, policies, practices or services if needed for the handicapped person to utilize the housing.
Example: A structure with a 'no animals' policy need to enable an aesthetically impaired occupant to keep a guide pet.
Example: Let's say an apartment or condo complex uses occupants sufficient, unassigned parking. They need to honor a bid from a mobility-impaired tenant for a reserved area near her house if it is required to ensure that she can have access to her apartment.
However, housing need not be made uninhabited to an individual who is a direct hazard to the health or safety of others or who now uses controlled substances.
Requirements for New Buildings
In structures that were all set for very first use after March 13, 1991, and have an elevator and four or more systems:
- Public and typical areas must be useful to persons with disabilities.
- Doors and corridors need to be broad enough for wheelchairs.
- All units must have: - An accessible route into and through the unit.
- Handy light switches, electric outlets, thermostats and other environmental controls.
- Reinforced bathroom walls to permit later fitting of grab bars and.
- Kitchens and bathrooms that can be utilized by individuals in wheelchairs.
If a structure with 4 or more systems has no elevator and were all set for first use after March 13, 1991, these requirements apply to ground flooring systems.
These must-haves for new buildings do not change any more stringent requirements in State or regional law.
Housing Opportunities for Families
Unless a structure or community qualifies as housing for older individuals, it might not discriminate based upon familial status. That is, it may not discriminate versus households in which several children under 18 cope with:
- A moms and dad.
- A person who has legal custody of the kid or kids or.
- The designee of the moms and dad or legal custodian, with the moms and dad or custodian's written authorization.
hud.gov
Familial status security likewise uses to pregnant ladies and anyone securing legal custody of a kid under 18.
Exemption: Housing for older persons is exempt from the restriction versus familial status discrimination if:
- The HUD Secretary has actually chosen that it is specially developed for and inhabited by elderly individuals under a Federal, State or local government program or.
- It is occupied solely by individuals who are 62 or older or.
- It houses a minimum of one individual who is 55 or older in a minimum of 80 percent of the occupied systems. It should also follow a policy that demonstrates an intent to house persons who are 55 or older.
A transition duration allows locals on or before September 13, 1988, to continue residing in the housing, regardless of their age, without interfering with the exemption.
If you believe your rights have actually been broken ... The U.S. Department of Housing and Urban Development (HUD), a Kansas or local reasonable housing agency is all set to help you submit a grievance, or you can make an application for legal help from KLS online or call the application line at 1-800-723-6953. Go on the internet to HUD to find out how to submit a complaint.
What to Tell HUD
- Your name and address.
- The name and address of the individual your grievance protests (the participant).
- The address or other description of the housing included.
- A short description of the supposed violation (the occasion that caused you to believe your rights were violated).
- The date of the alleged offense
Where to Write or Call:
Send a letter to the reasonable housing workplace nearest you, or if you wish, you may call that workplace directly.
Great Plains Office-- Fair Housing Hub
U.S. Department of Housing and Urban Development,
Gateway Tower II, 400 State Avenue, Room 200, 4th Floor,
Kansas City, KS 66101-2406
Telephone (913) 551-6958 or 1-800-743-5323
Fax (913) 551-6856
TTY (913) 551-6972
E-mail: Complaints_office_07@hud.gov!.?.! Check out our pages on Resolving legal
barriers to employment and housing and Facts about record expungement in Kansas. Read about and rights for Kansas occupants Plain text -No HTML tags enabled.- Lines and paragraphs break instantly.- Web page addresses and e-mail addresses turn into links immediately.