by T.J. Sutcliffe, Senior Director, Income & Housing Policy
This April we mark the 50th anniversary of the Fair Housing Act – a powerful law that fights housing discrimination and opens doors for people with disabilities across the U.S.
What is The Fair Housing Act?
The Fair Housing Act prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex (gender), familial status, and disability. The Fair Housing Act bars discrimination in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that person, a person associated with the buyer or renter, or a person who plans to live in the residence. For example:
- The Fair Housing Act requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space and common spaces (landlords are not required to pay for the changes).
- The Fair Housing Act requires landlords to make reasonable exceptions in their policies and operations to afford people with disabilities the opportunity to use and enjoy their housing. For example, a landlord with a “no pets” policy may be required to grant an exception for a tenant who uses a service animal.
- The Fair Housing Act prohibits lenders from imposing different application or qualification criteria on people with disabilities, or inquiring about the nature or severity of a disability (except in limited circumstances).
- The Fair Housing Act requires that new multifamily housing with 4 or more units be designed and built to allow access for people with disabilities.
Our work to advance fair housing goals continues
It’s been five decades since President Lyndon B. Johnson signed the Fair Housing Act into law. There’s much to celebrate, but also much work to do. People with disabilities want to live in the community in a home that they rent or own. However, far too many find that discrimination limits their options: over half of all Fair Housing Act complaints involve discrimination on the basis of a disability.
Unfortunately, in 2018 the Department of Housing and Urban Development (HUD) has delayed implementation of a new rule and tools to help local governments uphold the Fair Housing Act. We’ve also seen proposals in Congress to halt HUD’s implementation of this new Affirmatively Furthering Fair Housing rule. And just last month, news outlets reported that HUD was considering eliminating references to “inclusive and sustainable communities free from discrimination” from its mission statement.
What can you do?
We must remain vigilant and active to ensure that the Fair Housing Act’s promise continues to advance for the next 50 years, and to fight against rollbacks of this vital law.
If you suspect discrimination, you can file a complaint with HUD online or by calling 800-669-9777, or TTY 800-927-9275. You may also file a lawsuit in court. Contact your local fair housing agency for guidance and help filing a complaint.