Fair housing violations, advertising, enforcement, and the ADA

Recognize the violation

The federal Fair Housing Act protects race, color, religion, sex, national origin, familial status, and disability. Assume covered housing in these examples; exemptions and additional protections require separate analysis.

Steering channels prospects toward or away from housing because of protected characteristics rather than their stated needs. Blockbusting induces or attempts to induce sales or rentals for profit through representations about protected groups entering a neighborhood. Redlining discriminatorily restricts housing credit or related services based on an area's protected-class composition. Legitimate credit analysis is different from using racial composition as a lending criterion.

Refusing to negotiate, imposing discriminatory terms, and falsely denying availability also violate fair housing protections. Advertising can violate the law before anyone applies. Describe property features, not a preferred occupant's religion or family status. A seller's instructions do not excuse discriminatory statements.

Lenders, appraisers, and multiple listing services also have nondiscrimination duties. Threats or interference against people asserting fair housing rights, or helping others assert them, are prohibited.

Enforcement

A complaint to the Department of Housing and Urban Development (HUD) generally must be filed within one year after a discriminatory practice occurs or terminates. A private civil action generally has a two-year period, excluding time during an administrative proceeding. HUD investigates and seeks conciliation; enforcement may proceed administratively or in court. The Department of Justice also has an enforcement role. Relief can include orders to stop discrimination and monetary remedies, depending on the proceeding.

Match the access rule to the setting

The Fair Housing Act requires necessary reasonable accommodations to housing rules and permission for necessary reasonable physical modifications, generally at the resident's expense. An accommodation changes a rule or service; a modification changes the premises.

The Americans with Disabilities Act (ADA) governs public accommodations such as a brokerage office open to clients. It requires equal access, reasonable policy modifications, and appropriate auxiliary aids, subject to the applicable statutory standards. Existing architectural barriers must be removed when readily achievable. When removal is not readily achievable, readily achievable alternative methods of providing service must be considered. Ordinary private dwelling interiors are not public accommodations just because they are homes. A leasing office may implicate both laws.