Beyond Bending Tell You How
The Fair Housing Act is a federal law that prohibits discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, familial status, or disability. The law applies to most housing providers, including landlords, real estate agents, mortgage lenders, and housing developers. However, not everyone is protected under the Fair Housing Act. In this blog post, we will discuss who is not protected under the Fair Housing Act and why.
Individuals Not Covered by the Fair Housing Act
Private Landlords
Private landlords who own and rent out fewer than four units are not covered by the Fair Housing Act. This means that they can discriminate on the basis of race, color, national origin, religion, sex, familial status, or disability when renting out their properties. However, some local laws may provide protection for tenants in these situations.
Owner-Occupied Buildings with Four or Fewer Units
Owner-occupied buildings with four or fewer units are also exempt from the Fair Housing Act. This means that the owner can discriminate against potential tenants based on their race, color, national origin, religion, sex, familial status, or disability. However, if the owner uses a real estate agent or broker to rent out the units, the agent or broker must comply with the Fair Housing Act.
Single-Family Homes Sold or Rented by the Owner
If the owner of a single-family home sells or rents the property without the assistance of a real estate agent, they are not covered by the Fair Housing Act. This means that they can discriminate against potential buyers or renters based on their race, color, national origin, religion, sex, familial status, or disability. However, if the owner uses a real estate agent or broker, the agent or broker must comply with the Fair Housing Act.
Housing Owned by Religious Organizations
Housing owned by religious organizations and operated for religious purposes is exempt from the Fair Housing Act. This means that the housing can be restricted to members of the same religion or denomination. However, the exemption does not apply if the housing is operated as a commercial enterprise or if the religious organization receives federal financial assistance.
Private Clubs
Private clubs that provide lodging to their members are exempt from the Fair Housing Act. This means that they can discriminate on the basis of race, color, national origin, religion, sex, familial status, or disability when providing lodging to their members. However, the exemption does not apply if the club is open to the public or if the club receives federal financial assistance.
Why Some Individuals are Not Covered by the Fair Housing Act
The Fair Housing Act was enacted in 1968 to address discrimination in the housing market. However, some groups were not included in the law’s protections due to political compromise or lack of support. For example, private landlords with fewer than four units were exempted because they argued that they could not afford to comply with the law’s requirements. Similarly, religious organizations were exempted because of concerns that the law would interfere with their religious freedom.
Despite these exemptions, the Fair Housing Act has been successful in reducing discrimination in the housing market. The law has been strengthened over the years through amendments and court rulings, and it now provides broad protections for individuals and families seeking housing.
Conclusion
The Fair Housing Act is a vital piece of legislation that protects individuals and families from discrimination in the housing market. While most housing providers are covered by the law, there are some exemptions that allow for discrimination in certain circumstances. It is important for individuals to be aware of these exemptions and to advocate for stronger protections for all individuals seeking housing.
