The Fair Housing Act

The 1960s were a tumultuous time during which lots of social change was affected in a very short period of time. There were a number of Civil Rights acts passed to fight discrimination in a variety of areas. In the Civil Rights Act of 1968, there was a provision that became the Fair Housing Act. The Fair Housing Act of 1968, or FHA, prohibits discrimination in housing based on race, color, religion, and national origin.

Since it was originally passed, the Fair Housing Act has been amended a number of times. In 1974, it became unlawfully to discriminate based on the sex of the individual renting or applying for a loan to buy a home. Some years later, in 1988, it became illegal not to rent to someone based on the presence of a disability or the familial status.

The Department of Housing and Urban Development (HUD) is the federal department that has the statutory authority to enforce the Fair Housing Act. In an effort to ensure that all provisions of the various amendments to the Fair Housing Act are met, the Secretary of HUD has delegated enforcement and compliance with the Fair Housing Act to the Office of Fair Housing and Equal Opportunity (FHEO).

A right with no mechanism for enforcement is not much of a right. For this reason, individuals who believe they have been the victim of housing discrimination are able to file complaints with the FHEO at no charge.

While there are government agencies through which a victim of housing discrimination can file a claim, it is not always necessary. In the Fair Housing Act, Congress gave the federal district courts the ability to hear disputes.

The Act itself applies to all landlords who rent or lease space in their primary residence if the residence contains living quarters that are occupied or intended to be occupied by a minimum of three families that all live independently of each other.

Contact a Boston Bankruptcy Lawyer

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