What Housing Is Covered?

The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

What Is Prohibited?

In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status (one or more children under 18) or handicap (disability):

• Refuse to rent or sell housing

• Refuse to negotiate for housing

• Make housing unavailable

• Deny a dwelling

• Set different terms, conditions or privileges for sale or rental of a dwelling

• Provide different housing services or facilities

• Falsely deny that housing is available for inspection, sale, or rental

• For profit, persuade owners to sell or rent (blockbusting) or

• Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

In Mortgage Lending: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status (one or more children under 18) or handicap (disability):

• Refuse to make a mortgage loan

• Refuse to provide information regarding loans

• Impose different terms or conditions on a loan, such as different interest rates, points, or fees

• Discriminate in appraising property

• Refuse to purchase a loan or

• Set different terms or conditions for purchasing a loan.

Additional Protection if You Have a Disability

If you or someone associated with you:

• Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities

• Have a record of such a disability or

• Are regarded as having such a disability

your landlord may not:

• Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)

• Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
  Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.

However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.

Who Does The Law Apply To?

The Fair Housing Law applies to the following persons and/or agencies who are responsible for complying with this law:

· Rental Agents                                                                  •       Contractors

· Advertising Agents                                                          •        Developers    

· Homeowners advertising their property for sale or rent     •       Owners of Building Lots

Exceptions To The Law:

• Single-family house sold or rented by an owner, provided the owner does not own more than three (3) single-family houses at any one time.

• Rental or leasing of room(s) in a personal residence.

• Sale or lease to a minor

• Religious groups who limit occupancy of units they own to members of their own religion, unless membership in such religion is restricted on account of race, color, national origin, sex, familial status or handicap.

• Other legitimate reasons for someone not to rent or sell a dwelling may include: insufficient income, poor credit history, and no stable source of income.

In Addition: It is illegal for anyone to:

• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right

• Advertise or make any statement that indicates a limitation or preference

If you feel your rights have been violated, call TAP Fair Housing Education and Outreach Program at (540) 345-6781 x 4372 and talk to a fair housing specialist. We are ready to assists you with any housing discrimination complaints.