National Fair Housing Month
April 2018 commemorates the 50th anniversary of the passage of the Civil Rights Act of 1968. Title VIII of the Civil Rights Act of 1968 – The Fair Housing Act – prohibits discrimination in the sale, rental, and financing of dwellings based on race, color, religion, or national origin.
Congress has twice amended the Fair Housing Act (FHA) to expand and enhance protections from housing discrimination. In 1974 the FHA was amended to prohibit housing discrimination based on sex. In 1988 the Fair Housing Act was amended by the Fair Housing Amendments Act which expanded FHA coverage to prohibit discrimination based on disability or on familial status (presence of child under age of 18 and pregnant women). The FHA as amended provides a more fair, inclusive housing market free from discrimination.
During this year’s National Fair Housing Month, a variety of initiatives and activities by federal, state, and local agencies, fair housing advocates, fair housing organizations, and local communities will celebrate the FHA’s 50th anniversary. Public service announcements are scheduled throughout the year in efforts to increase the public’s awareness of fair housing rights and fair housing enforcement efforts. Fair housing education programs and local outreach efforts are important to provide information on fair housing protections and how to report housing discrimination.
While the federal Fair Housing Act receives much national attention during Fair Housing Month, state and local fair housing laws also provide protections from housing discrimination. State and local city or county fair housing laws often provide broader coverage to additional protected classes such as sexual preference, gender identity, occupation, source of income, Section 8 voucher program participation, educational status, medical status, marital status, military service, political affiliation, or other classes as noted by statue. Fair housing compliance should always be to those fair housing laws providing the greatest protections against discrimination.
As review, the Fair Housing Act covers most housing. Under the Fair Housing Act, 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 or handicap:
- 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.
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 based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
Fair Housing Act and Sexual Harassment
Harassment in housing or housing-related transactions on the basis of the protected classes of race, color, religion, national origin, sex, familial status or disability is prohibited under the Fair Housing Act. Sexual harassment is a form of sex discrimination that violates the Fair Housing Act.
Sex discrimination, including sexual harassment, that impacts the terms or conditions of housing used as a basis for housing decisions; has the purpose or effect of unreasonably interfering with housing rights; or creates an intimidating, hostile, or offensive environment is illegal.
HUD took action in third quarter 2016 to amend fair housing regulations to formalize standards for use in investigations, administrative adjudications, and cases brought in federal and state courts under the Fair Housing Act involving allegations of harassment on the basis of race, color, religion, national origin, sex, familial status or disability.
The Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing Act specifies how HUD will evaluate complaints of quid pro quo (“this for that”) harassment and hostile environment harassment under the Act.
(1) Quid pro quo harassment refers to an unwelcome request or demand to engage in conduct where submission to the request or demand, either explicitly or implicitly, is made a condition related to: the sale, rental or availability of a dwelling; the terms, conditions, or privileges of the sale or rental, or the provision of services or facilities in connection therewith; or the availability, terms, or conditions of a residential real estate-related transaction. An unwelcome request or demand may constitute quid pro quo harassment even if a person acquiesces in the unwelcome request or demand.
(2) Hostile environment harassment refers to unwelcome conduct that is sufficiently severe or pervasive as to interfere with: The availability, sale, rental, or use or enjoyment of a dwelling; the terms, conditions, or privileges of the sale or rental, or the provision or enjoyment of services or facilities in connection therewith; or the availability, terms, or conditions of a residential real estate-related transaction. Hostile environment harassment does not require a change in the economic benefits, terms, or conditions of the dwelling or housing-related services or facilities, or of the residential real-estate transaction.
Department of Housing and Urban Development (HUD)
The Department of Housing and Urban Development in a press release dated April 12, 2018 announced it is recognizing the 50th anniversary of the Fair Housing Act with its new initiative to increase awareness and reporting of sexual harassment in housing. The new initiative creates an interagency task force with the U.S. Department of Justice (DOJ) to combat sexual harassment in housing. The new task force is an extension of a 2017 Department of Justice pilot program initiative to raise awareness of the issue of sexual harassment in housing.
HUD/DOJ Interagency Task Force
The DOJ pilot program was developed to collaborate with local law enforcement agencies, legal services providers, and public housing authorities in selected jurisdictions to identify barriers to reporting sexual harassment to the Department of Justice and to other enforcement agencies. The focus of the initiative was to increase DOJ efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees or representatives of rental property owners. The Department of Justice has settled or filed nine sexual harassment cases to date as a result of the pilot program.
The HUD and the DOJ joint task force objective is to work together to combat sexual harassment in housing. There are three major components in the joint initiative:
- The joint task force will use a shared strategy between the Justice Department and HUD for combating sexual harassment in housing. The task force will focus on five key areas: continued data sharing and analysis; joint development of training; evaluation of public housing complaint mechanisms; coordination of public outreach and press strategy; and review of federal policies.
- An outreach toolkit with templates, guidance and checklists based on the pilot program feedback will be available to help victims of sexual harassment connect with a nationwide network of enforcement resources.
- A public awareness campaign will include a partnership package for relevant stakeholders, the launch of a social media campaign, and public service announcements by the Executive Office of U.S. Attorneys. The campaign is specifically designed to raise awareness, and make it easier for victims across the country to find resources and report sexual harassment.
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