The Fair Housing Act

The Fair Housing Act shows up on the NCBE subject-matter outline, and it shows up from time to time on the MBE/MEE. The following is a link that provides a nice summary of the act.

http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

Especially important is the rights of the handicapped as per the act, as quoted from that site:

"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.

Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment."

Also note from the site:

"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."

Also worth noting is an exemption to the Act. The anti-discrimination rule does not apply if the owner occupies one of the units in a multi-unit dwelling containing no more than 4 units occupied by persons living independently of each other. In such instances, an owner's refusal to rent in a manner that would otherwise be discriminatory will not violate the Act.