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The U.S.
Department of Housing and Urban
Development (HUD) administers
the Federal Fair Housing Law.
The law is composed of three
components:
Civil
Rights Act of 1866
- Provides
that �All citizens of the
U.S. shall have the same
right, in every state and
Territory as enjoyed by
white citizens thereof to
inherit, purchase, lease,
sell, hold, and convey real
and personal property.�
- Jones v.
Maver held that the 1866 Act
prohibits �all racial
discrimination, private as
well as public, in the sale
or rental of property.�
Civil Rights Act of 1968
- Known as
Title VIII or Fair Housing
Act (FHA), this Act
prohibits discrimination on
the basis of race, color,
religion, sex, or national
origin.
- Title
VIII applies to the sale,
lease, rental or financing
of real property.
- Title
VIII requires all persons to
be treated equally with
respect to the terms and
conditions of purchase or
rental.
1988
Amendments Act
- The 1988
Amendments Act expanded the
scope of Title VIII to
include physical or mental
disability and families with
children and the application
of Title VIII to include
appraising.
- The Act
creates substantial
penalties that can be
imposed for violators of
Title VIII.
Definition of �Housing Provider�
The FHA
defines a housing provider as
individuals, corporations,
associations or others involved
in the provision of housing and
residential lending, including
(but not limited to) property
owners, housing managers,
homeowners and condominium
associations, lenders, real
estate agents, and brokerage
services. Courts have also
applied the Act to state and
local governments, most often in
the context of exclusionary
zoning or other land-use
decisions. |
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