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  1. Justice.gov

2. Civil Liberty Division
3. The Fair Housing Act
   
   The Fair Housing Act
   
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  The Fair Housing Act, 42 U.S.C. 3601 et seq., restricts discrimination by direct providers of housing, such as landlords and realty companies along with other entities, such as towns, banks or other loan provider and house owners insurance coverage business whose inequitable practices make housing unavailable to individuals because of:
  
  race or color. religion. sex. national origin. familial status, or. special needs.
  
  In cases involving discrimination in mortgage loans or home enhancement loans, the Department may file suit under both the Fair Housing Act and the Equal Credit Opportunity Act. The Department brings cases where there is evidence of a pattern or practice of discrimination or where a rejection of rights to a group of individuals raises a concern of public value. Where force or hazard of force is used to deny or disrupt reasonable housing rights, the Department of Justice might set up criminal procedures. The Fair Housing Act likewise supplies procedures for handling private grievances of discrimination. Individuals who think that they have been victims of an unlawful housing practice, might file a complaint with the Department of Housing and Urban Development [HUD] or submit their own lawsuit in federal or state court. The Department of Justice brings matches on behalf of individuals based on referrals from HUD.
  
  Discrimination in Housing Based Upon Race or Color
  
  One of the main goals of the Fair Housing Act, when Congress enacted it in 1968, was to prohibit race discrimination in sales and rentals of housing. Nevertheless, more than 30 years later, race discrimination in housing continues to be a problem. The majority of the Justice Department's pattern or practice cases involve claims of race discrimination. Sometimes, housing suppliers try to camouflage their discrimination by offering false details about accessibility of housing, either stating that absolutely nothing was offered or guiding homeseekers to specific areas based upon race. Individuals who receive such false details or misdirection may have no understanding that they have been victims of discrimination. The Department of Justice has brought numerous cases alleging this kind of discrimination based on race or color. In addition, the Department's Fair Housing Testing Program looks for to reveal this type of surprise discrimination and hold those responsible accountable. Most of the mortgage financing cases brought by the Department under the Fair Housing Act and Equal Credit Opportunity Act have alleged discrimination based upon race or color. A few of the Department's cases have likewise alleged that municipalities and other city government entities breached the Fair Housing Act when they rejected authorizations or zoning changes for housing advancements, or relegated them to predominantly minority communities, because the prospective homeowners were expected to be predominantly African-Americans.
  
  Discrimination in Housing Based Upon Religion
  
  The Fair Housing Act restricts discrimination in housing based upon religious beliefs. This restriction covers circumstances of obvious discrimination versus members of a particular religion also less direct actions, such as zoning regulations designed to limit using private homes as a locations of worship. The number of cases filed considering that 1968 declaring spiritual discrimination is little in comparison to a few of the other prohibited bases, such as race or national origin. The Act does include a limited exception that allows non-commercial housing operated by a religious company to reserve such housing to individuals of the same religious beliefs.
  
  Discrimination in Housing Based Upon Sex, Including Sexual Harassment
  
  The Fair Housing Act makes it illegal to discriminate in housing on the basis of sex. In the last few years, the Department's focus in this area has been to challenge sexual harassment in housing. Women, particularly those who are poor, and with restricted housing choices, typically have little recourse however to tolerate the humiliation and degradation of sexual harassment or threat having their families and themselves got rid of from their homes. The Department's enforcement program is focused on property managers who develop an illogical living environment by demanding sexual favors from tenants or by producing a sexually hostile environment for them. In this manner we look for both to acquire relief for occupants who have been dealt with unjustly by a property manager due to the fact that of sex and also prevent other potential abusers by making it clear that they can not continue their conduct without facing effects. In addition, prices discrimination in mortgage financing might likewise negatively affect ladies, especially minority ladies. This kind of discrimination is illegal under both the Fair Housing Act and Equal Credit Opportunity Act.
  
  Discrimination in Housing Based Upon National Origin
  
  The Fair Housing Act forbids discrimination based upon national origin. Such discrimination can be based either upon the country of an individual's birth or where his/her ancestors come from. Census information suggest that the Hispanic population is the fastest growing sector of our country's population. The Justice Department has actually taken enforcement action versus local federal governments that have attempted to reduce or limit the variety of Hispanic families that may reside in their neighborhoods. We have taken legal action against lenders under both the Fair Housing Act and the Equal Credit Opportunity Act when they have actually imposed more strict underwriting requirements on mortgage or made loans on less beneficial terms for Hispanic customers. The Department has actually also sued lending institutions for discrimination versus Native Americans. Other areas of the country have actually experienced an increasing diversity of nationwide origin groups within their populations. This consists of new immigrants from Southeastern Asia, such as the Hmong, the previous Soviet Union, and other parts of Eastern Europe. We have acted against personal proprietors who have actually victimized such individuals.
  
  Discrimination in Housing Based Upon Familial Status
  
  The Fair Housing Act, with some exceptions, restricts discrimination in housing against families with kids under 18. In addition to prohibiting an outright denial of housing to families with kids, the Act likewise avoids housing suppliers from enforcing any unique requirements or conditions on occupants with custody of kids. For example, property managers may not find households with kids in any single portion of a complex, position an unreasonable limitation on the overall number of individuals who might live in a residence, or limit their access to recreational services provided to other renters. In the majority of circumstances, the changed Fair Housing Act prohibits a housing company from refusing to lease or offer to families with kids. However, some facilities might be designated as Housing for Older Persons (55 years of age). This type of housing, which meets the requirements stated in the Housing for Older Persons Act of 1995, might operate as "senior" housing. The Department of Housing and Urban Development (HUD) has published regulations and additional guidance detailing these statutory requirements.
  
  Discrimination in Housing Based Upon Disability
  
  The Fair Housing Act forbids discrimination on the basis of disability in all kinds of housing transactions. The Act defines individuals with an impairment to suggest those people with mental or physical disabilities that substantially limit one or more major life activities. The term psychological or physical impairment may include conditions such as loss of sight, hearing impairment, mobility impairment, HIV infection, psychological retardation, alcoholism, drug addiction, chronic fatigue, discovering impairment, head injury, and psychological illness. The term major life activity might include seeing, hearing, strolling, breathing, performing manual jobs, taking care of one's self, discovering, speaking, or working. The Fair Housing Act also secures individuals who have a record of such a problems, or are related to as having such a disability. Current users of unlawful controlled compounds, persons convicted for illegal manufacture or circulation of a regulated substance, sex offenders, and juvenile wrongdoers are ruled out handicapped under the Fair Housing Act, by virtue of that status. The Fair Housing Act manages no defenses to people with or without disabilities who present a direct risk to the persons or residential or commercial property of others. Determining whether someone postures such a direct risk should be made on an individualized basis, nevertheless, and can not be based upon general presumptions or speculation about the nature of an impairment. The Division's enforcement of the Fair Housing Act's protections for individuals with disabilities has focused on two significant locations. One is insuring that zoning and other policies concerning land usage are not used to impede the residential options of these individuals, consisting of needlessly restricting common, or gather, property arrangements, such as group homes. The second location is guaranteeing that freshly constructed multifamily housing is built in accordance with the Fair Housing Act's ease of access requirements so that it is accessible to and functional by individuals with disabilities, and, in specific, those who utilize wheelchairs. There are other federal statutes that forbid discrimination versus individuals with specials needs, consisting of the Americans with Disabilities Act, which is imposed by the Disability Rights Section of the Civil Liberty Division.
  
  Discrimination in Housing Based Upon Disability Group Homes
  
  Some people with disabilities may live together in congregate living plans, often referred to as "group homes." The Fair Housing Act restricts municipalities and other local federal government entities from making zoning or land usage choices or implementing land usage policies that exclude or otherwise victimize individuals with specials needs. The Fair Housing Act makes it illegal--
  
  - To utilize land usage policies or actions that treat groups of persons with disabilities less positively than groups of non-disabled individuals. An example would be an ordinance prohibiting housing for persons with specials needs or a specific type of special needs, such as mental disorder, from finding in a particular location, while permitting other groups of unrelated people to live together because area.
• To take action versus, or deny an authorization, for a home because of the impairment of people who live or would live there. An example would be denying a building authorization for a home since it was planned to provide housing for individuals with psychological retardation.
• To refuse to clear up accommodations in land usage and zoning policies and treatments where such lodgings may be needed to pay for individuals or groups of persons with impairments an equivalent opportunity to use and enjoy housing. What constitutes a sensible lodging is a case-by-case determination. Not all asked for modifications of rules or policies are sensible. If an asked for adjustment imposes an undue financial or administrative problem on a local government, or if an adjustment produces an essential change in a city government's land usage and zoning plan, it is not a "affordable" accommodation.
  
  Discrimination in Housing Based Upon Disability-- Accessibility Features for New Construction
  
  The Fair Housing Act defines discrimination in housing versus individuals with disabilities to consist of a failure "to design and build" specific new multi-family houses so that they are available to and functional by individuals with disabilities, and particularly people who utilize wheelchairs. The Act requires all freshly constructed multi-family residences of 4 or more systems planned for very first tenancy after March 13, 1991, to have particular functions: an available entrance on an accessible route, accessible typical and public usage locations, doors adequately large to accommodate wheelchairs, available paths into and through each home, light switches, electrical outlets, and thermostats in accessible location, reinforcements in bathroom walls to accommodate grab bar installations, and functional bathroom and kitchens set up so that a wheelchair can steer about the space.
  
  Developers, contractors, owners, and architects accountable for the design or building of brand-new multi-family housing may be held liable under the Fair Housing Act if their buildings fail to satisfy these style requirements. The Department of Justice has actually brought lots of enforcement actions versus those who stopped working to do so. The majority of the cases have actually been fixed by permission decrees supplying a variety of kinds of relief, including: retrofitting to bring inaccessible features into compliance where practical and where it is not-- alternatives (financial funds or other building and construction requirements) that will provide for making other housing systems accessible; training on the accessibility requirements for those associated with the building and construction procedure; a mandate that all new housing jobs comply with the ease of access requirements, and monetary relief for those injured by the infractions. In addition, the Department has actually sought to promote accessibility through building regulations.