Fair Housing Laws: Do You Know Your Rights?

This submit was initially printed on Defender Community

By Laura Onyeneho

Honest housing rights guarantee equal entry to housing alternatives for all residents, no matter their background or traits. As April marks Nationwide Honest Housing Month, Houston residents should perceive their rights and protections beneath the Federal and Texas Honest Housing Acts. These acts prohibit discriminatory practices in promoting, renting, and financing housing primarily based on race, shade, faith, intercourse, nationwide origin, incapacity, or familial standing.

The combat for honest and steady housing is a cornerstone within the ongoing battle in opposition to systemic inequality. Deep in civil rights struggles, honest housing stays a essential challenge affecting marginalized communities.

From Black people to LGBTQ populations, systemic obstacles have hindered equal entry to inexpensive housing in areas with larger alternatives. Earlier than legislative reforms, discriminatory practices have been rampant, with landlords and realtors favoring white, married males over different teams, perpetuating segregation, and denying housing to marginalized communities. Authorities insurance policies, together with redlining and suburban growth initiatives, additional exacerbated segregation, perpetuating disparities in housing entry.

The Defender spoke with Justin Bower, director of neighborhood and environmental planning for the Houston-Galveston Space Council, to empower residents with the information to navigate the housing market confidently.

Defender: What actions or crimson flags represent housing discrimination beneath the Honest Housing Acts, and the way can Houston residents acknowledge and report such practices in the event that they encounter them?

Bower: It comes right down to being ready to be your advocate. The great factor is you don’t have to enter it alone. One factor that has come up in conversations is that somebody is making an attempt to steer you away [from the housing topic] to deal with some side of your identification, faith, nationality, ethnicity, or socioeconomic background. Different indicators embody refusing to barter for housing, setting completely different phrases and situations primarily based on discriminatory standards, promoting housing completely to most well-liked teams, and exhibiting properties solely in sure neighborhoods. Moreover, claiming housing is unavailable when it’s not, offering completely different housing providers or services primarily based on discriminatory causes, denying entry to services or providers associated to housing primarily based on discriminatory standards, and refusing affordable lodging for individuals with disabilities are additionally thought-about discriminatory practices. For those who suspect discrimination, they will report it to the suitable authorities, such because the Division of Housing Group Affairs or the U.S. Division of Housing and City Growth (HUD). These companies have procedures to analyze complaints and take applicable motion to handle discrimination in housing.

Defender: What challenges do you see that want extra enchancment within the work round honest housing?

Bower: The most important problem is consistency. There’s one factor to have safety in opposition to discrimination in books. It’s one other factor for that to be constantly and pretty carried out. Simply because there’s a legislation doesn’t imply that the legislation is being enforced constantly and equitably. Don’t be lulled into false safety by the truth that this exists. You recognize, it’s an ongoing effort to make sure that it continues to be constantly enforced even the place it’s being constantly enforced. The authorized printed phrase solely typically interprets into there not being dangerous actors.

Defender: How is the Honest Housing Act used to problem discrimination?

Bower: The Honest Housing Act is a legislation that helps combat in opposition to unfair therapy when individuals are looking for a spot to stay. It’s not nearly stopping apparent discrimination like saying no to somebody due to their race or faith. Typically, discrimination occurs in additional hidden methods, like when landlords have guidelines that make it laborious for sure teams of individuals to hire flats or once they don’t assist folks with disabilities stay comfortably. The legislation is used to problem these unfair practices and guarantee everybody has a good likelihood at discovering a house.

Right here’s a breakdown of some frequent honest housing crimson flags in each the sale/rental of housing and mortgage lending:

Within the Sale & Rental of Housing:

Refusing to hire or promote housing happens when a landlord or vendor denies housing to a person or group primarily based on their protected traits.

Refusing to barter for housing: If a landlord or vendor refuses to barter for the sale or rental of housing primarily based on protected traits, it’s discriminatory.

Promoting housing to most well-liked teams solely: When housing ads goal or exclude particular teams primarily based on protected traits, it violates honest housing legal guidelines.

Exhibiting flats or houses in sure neighborhoods solely: Limiting housing choices to sure neighborhoods primarily based on protected traits is discriminatory.

Falsely claiming housing availability: Misrepresenting the supply of housing primarily based on protected traits is a violation of honest housing legal guidelines.

Setting completely different phrases or situations: Making use of completely different phrases, situations, or privileges primarily based on protected traits is discriminatory.

Offering completely different housing providers or services: Providing completely different providers or services primarily based on protected traits constitutes housing discrimination.

Denying entry to associated providers: Denying entry to providers associated to housing, akin to a number of itemizing providers, primarily based on protected traits is illegal.

Refusing affordable lodging: Failing to accommodate people with disabilities, akin to refusing to permit service animals or present accessible parking, violates honest housing legal guidelines.

In Mortgage Lending:

Refusing to make a mortgage mortgage: Denying a mortgage mortgage primarily based on protected traits is discriminatory.

Refusing to supply mortgage info: Failing to supply mortgage info to people primarily based on protected traits violates honest housing legal guidelines.

Imposing completely different phrases or situations: Making use of completely different phrases, rates of interest, factors, or charges primarily based on protected traits constitutes discrimination in mortgage lending.

Denying property insurance coverage: Property insurance coverage primarily based on protected traits violates honest housing legal guidelines.

Discriminatory property value determinations: Conducting property value determinations in a discriminatory method primarily based on protected traits is illegal.

Refusing to buy a mortgage: Refusing to buy a mortgage primarily based on protected traits violates honest housing legal guidelines.

Setting completely different phrases for mortgage purchases: Making use of completely different phrases or situations for buying loans primarily based on protected traits is discriminatory.

For info on the Federal Honest Housing Act, go to HUD’s web site. For particulars on the Texas Honest Housing Act, test the Texas Division of Housing and Group Affairs.

For those who imagine your rights have been violated, file a grievance right here.