HOMEOWNERSHIP: PART 2 - FAIR HOUSING

​Because discrimination have created a barrier to safe, affordable housing choices for everyone, people have struggled in finding the type and location of housing they desire. The fight for affordable housing have been long and contentious. However, Dr. Martin Luther King Jr. retains the title of “Father of Fair Housing.” In Dr. King’s words: 

“We are here today because we are tired. We are tired of paying more for less. We are tired of living in rat-infested slums…Segregation not only harms one physically but injures one spiritually. It scars the soul. It is a system that forever stares the segregated in the face, saying you are less than. You’re not equal to.”  ​
The Fair Housing Act was signed into law on April 4th, 1968 one week after Dr. King’s assassination.

Let’s take a look at current Fair Housing Laws.

The Federal Fair Housing Act and Fair Housing Amendments Act makes it illegal to discriminate based on the following seven protected characteristics:

• RACE: Refers to a family, tribe or group of people coming from the same common ancestors.
• COLOR: Refers to the color of a person’s skin
• NATIONAL ORIGIN/ETHNICITY/ANCESTRY: Refers to the country in which a person was born or from which a person’s ancestors came.
• RELIGION/CREED: Refers to all aspects of religious belief, observance and practice.
• SEX/GENDER: Includes gender (male or female), gender identity and gender expression. Also includes, but not limited to, pregnancy, childbirth or conditions related to childbirth or pregnancy.
• FAMILIAL STATUS: Refers to a situation where there is one or more persons under age 18 who reside with a parent, legal guardian, etc. This also applies in the case of pregnancy or for people who are in the process of gaining legal custody of a person under age 18.
• DISABILITY/HANDICAP: Refers to both physical and mental disabilities.

​The law also includes prohibited actions in the (a) sale of housing; (b) mortgage lending; and (c) in general. Let's look at these prohibitions. 

In the sale of housing:

1. Refusing to sell housing
2. Refusing to negotiate for housing
3. Refusing to make housing available
4. Denying a dwelling
5. Setting different terms, conditions or privileges in the sale of a dwelling
6. Falsely denying that housing is available for sale
7. Blockbusting (persuading owners to sell their property at a reduced price because of fears that the neighborhood demographics may be changing)
8. Denying anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale of housing.

In mortgage lending:

1. Refusing to make a mortgage loan
2. Refusing to provide information regarding loans
3. Imposing different terms or conditions on a loan (such as different interest rates, points or fees)
4. Discriminating in appraising property
5. Refusing to purchase a loan
6. Setting different terms or conditions for purchasing a loan

In general:

1. Threatening, coercing, intimidating or interfering with or retaliating against anyone exercising a fair housing right or assisting others to exercise that right.
2. Advertising or making any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status or disability (this applies to single-family and owner-occupied housing that is exempt from the Fair Housing Act)

If you've experienced discrimination in any of these PROHIBITIONS, please contact us. We might be able to assist you. For general questions about purchasing a home and how to prepare financially, contact Denise Garrett via email at [email protected] or by phone at (718) 385-6700 ext. 15.