The federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, was meant to safeguard the buyer/renter of a house from seller/landlord discrimination. The law was the result of a civil rights project against housing discrimination in the United States. It was approved, at the advising of President Lyndon B. Johnson, just one week after the assassination of Martin Luther King, Jr.
. The Act is implemented by the United States Department of Housing and Urban Development.
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HUD examines complaints of housing discrimination based on race, color, religion, national origin, sex, impairment, or familial status. At no charge to you, HUD will explore the problem and attempt to deal with the matter with both parties. The procedure to file a complaint is covered below.
NOTE: If you want to discover more about your rights as an occupant in Kansas, read this Kansas Tenant Handbook. It was originally published by the Kansas firm Housing and Credit Counseling, Inc. (HCCI), which helps individuals in Kansas with a variety of consumer problems.
Here is a video to show how the Fair Housing Act secures you from discrimination on the basis of LGBTQ status.
This video talks about discrimination in Idaho, however it likewise applies to Kansas and other states also. If you feel you have been a victim of housing discrimination since of LGBTQ status, you can request support from KLS online or call the application line at 316-267-3975. Or you can find out how to submit a problem straight with HUD by going here.
What Is Covered?
The Fair Housing Act covers most housing Sometimes, the Act exempts owner-occupied structures with no more than four systems, single-family housing offered or rented without a broker, and housing operated by companies and personal clubs that restrict occupancy to members.
What Is Prohibited?
In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, nationwide origin, religion, sex, familial status or handicap:
- Refuse to rent or offer housing
- Refuse to anticipate housing.
- Make housing unavailable
- Deny a home
- Set various terms, conditions or benefits for sale or leasing of a house
- Provide various housing services or centers
- Falsely deny that housing is open for inspection, sale, or rental
- For revenue, convince owners to sell or rent (blockbusting) or
- Deny anybody access to or membership in a facility or service (such as a several listing service) related to the sale or rental of housing.
In Mortgage Lending: No one might take any of the following actions based on race, color, nationwide origin, religion, sex, familial status or handicap (disability):
- Refuse to make a mortgage loan
- Refuse to give info about loans
- Impose various terms or conditions on a loan, such as different rate of interest, points, or costs
- Discriminate in evaluating residential or commercial property
- Refuse to buy a loan or
- Set various terms or conditions for buying a loan.
In Addition: It is illegal for anyone to:
- Threaten, coerce, bully or interfere with anyone applying a fair housing right or assisting others who exercise that right
- Advertise or make any declaration that indicates a cap or choice based upon race, color, nationwide origin, faith, sex, familial status, or handicap. This bar against discriminatory marketing applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
Additional Protection if You Have a Special needs
If you or someone connected with you:
- Have a physical or mental impairment (consisting of hearing, movement and visual impairments, chronic alcoholism, persistent mental disorder, AIDS, AIDS Related Complex and psychological retardation) that greatly limits one or more major life activities
- Have a record of such an impairment or
- Are considered as having such an impairment
Your property manager may not:
- Refuse to let you make reasonable changes to your house or typical use locations, at your expense, if needed for the disabled person to use the housing. (Where reasonable, the proprietor may permit changes just if you concur to restore the residential or commercial property to its initial condition when you move.).
- Refuse to make practical variations in rules, policies, practices or services if needed for the handicapped person to utilize the housing.
Example: A structure with a 'no animals' policy must enable an aesthetically impaired occupant to keep a guide canine.
Example: Let's state an apartment building offers tenants adequate, unassigned parking. They should honor a quote from a mobility-impaired renter for a reserved space near her house if it is required to assure that she can have access to her apartment or condo.
However, housing need not be made vacant to an individual who is a direct danger to the health or safety of others or who now utilizes controlled substances.
Requirements for New Buildings
In buildings that were all set for first use after March 13, 1991, and have an elevator and four or more units:
- Public and common areas should come in handy to persons with impairments.
- Doors and hallways should be large enough for wheelchairs.
- All systems should have: - An accessible route into and through the unit.
- Handy light switches, electrical outlets, thermostats and other ecological controls.
- Reinforced restroom walls to permit later on fitting of grab bars and.
- Bathroom and kitchens that can be utilized by people in wheelchairs.
If a building with four or more units has no elevator and were prepared for first usage after March 13, 1991, these requirements apply to ground flooring units.
These must-haves for brand-new structures do not replace any more stringent standards in State or regional law.
Housing Opportunities for Families
Unless a building or neighborhood qualifies as housing for older individuals, it may not discriminate based upon familial status. That is, it might not discriminate versus families in which several kids under 18 cope with:
- A parent.
- A person who has legal custody of the child or children or.
- The designee of the parent or legal custodian, with the parent or custodian's composed authorization.
Familial status security also uses to pregnant women and anyone protecting legal custody of a kid under 18.
Exemption: Housing for older individuals is exempt from the restriction against familial status discrimination if:
- The HUD Secretary has actually decided that it is specially designed for and occupied by seniors under a Federal, State or city government program or.
- It is occupied exclusively by individuals who are 62 or older or.
- It houses at least someone who is 55 or older in a minimum of 80 percent of the occupied units. It needs to likewise abide by a policy that shows an intent to house individuals who are 55 or older.
A shift period permits residents on or before September 13, 1988, to continue residing in the housing, no matter their age, without hindering the exemption.
If you think your rights have actually been violated ... The U.S. Department of Housing and Urban Development (HUD), a Kansas or local fair housing firm is all set to help you submit a complaint, or you can request legal assistance from KLS online or call the application line at 1-800-723-6953. Go on the internet to HUD to discover how to file a grievance.
What to Tell HUD
- Your name and address.
- The name and address of the individual your grievance is versus (the respondent).
- The address or other description of the housing included.
- A short description of the supposed offense (the occasion that triggered you to think your rights were violated).
- The date of the supposed offense
Where to Write or Call:
Send a letter to the fair housing workplace closest you, or if you wish, you may call that workplace straight.
Great Plains Office-- Fair Housing Hub
U.S. Department of Housing and Urban Development,
Gateway Tower II, 400 State Avenue, Room 200, fourth Floor,
Kansas City, KS 66101-2406
Telephone (913) 551-6958 or 1-800-743-5323
Fax (913) 551-6856
TTY (913) 551-6972
E-mail: Complaints_office_07@hud.gov!.?.! Take a look at our pages on Resolving legal
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