Recognizing Housing Discrimination

Housing discrimination is rarely blatant. It is usually cleverly disguised and, more often than not, is done with a smile and a handshake.

Fair housing laws prohibit the following:

  • Refusing to rent or sell housing.
  • Refusing to negotiate for housing.
  • Make housing unavailable or deny that housing is available.
  • Set different terms, conditions or privileges for the sale or rental of housing.
  • Advertise that housing is available only to persons of a certain race, color, national origin, religion, sex, or without a disability or children.
  • Blockbusting-for profit, persuade owners to sell or rent by telling them that minority groups are moving into the neighborhood.
  • Deny or make different terms or conditions for mortgage, home loan, insurance or other “real estate” related transaction.
  • Denying anyone access to or membership in a facility or service (such as multiple listing service) relating to the sale or rental of housing.

In mortgage lending it is illegal to:

  • Refuse to make a mortgage loan.
  • Impose different terms or conditions on a loan.
  • Discriminate in appraising property.
  • Refuse to provide information regarding loans.

In addition, it is illegal for anyone to:

  • Threaten, coerce, intimidate, or interfere with a person exercising a fair housing right or assisting others who exercise that right; or advertise or make any statement that indicates a limitation or preference based on status within a protected class. This prohibition against discriminatory advertising applies to single family and owner occupied housing that is otherwise exempt from the Fair Housing Act. Courts have recognized that when human models are used in advertising for property, they must accurately reflect the racial makeup of the community.