|
What protections are provided under fair housing laws?
Fair housing laws prohibit discrimination or harassment based upon personal characteristics. For example, discriminating against an applicant because of their race is prohibited under both federal and California fair housing laws. Additionally, retaliation against anyone who exercises their fair housing rights is also strictly prohibited.
In addition to the protections against discrimination, harassment, and retaliation, which all protected categories receive, individuals with disabilities may qualify for special protections called reasonable accommodations and reasonable modifications. Reasonable accommodations afford individuals with disabilities exceptions to existing rules and policies, such as allowing a tenant who suffers from anxiety attacks to move to a quieter unit. Reasonable modifications allow a tenant to make a physical change, such as installing shower grab bars or widening doors for wheelchair access.
These fair housing protections may apply during the application process, throughout the duration of a rent or lease agreement, or even after tenancy, such as during the eviction process.
Where do fair housing protections apply?
The seven characteristics protected under federal law apply across the United States, but additional protections vary by state. In California, we adopted the seven characteristics identified in federal law and have included an additional 14 protected characteristics. Depending on where you live within the state, local county or city laws may provide even more protections for tenants!
These protections apply to almost all types of housing, with very limited exceptions. For example, fair housing protections apply to:
- Apartments and Rental Homes
- Condo Complexes and HOAs
- Mobile Home Parks
- Nursing Homes/Board and Care Centers
- Sober Living Homes
- Transitional and Interim Housing
- Homeless Shelters
- Section 8 and other Subsidized Housing, and more!
Housing providers for these properties – such as landlords (property owners), property management companies, and even public housing authorities – must comply with fair housing laws.
If you have a question about whether your home is covered by these protections, you can check federal, state, and local fair housing laws, or reach out to a fair housing expert.
When were fair housing protections established?
Many of our fair housing protections come from the Fair Housing Act (FHA) of 1968, which created the Department of Housing and Urban Development (HUD) to enforce housing protections. The FHA included four protected categories based upon race, color, religion, and national origin. Discrimination based upon sex was added in 1974, and Disability and Family Status were added as protected characteristics in 1988. These seven federally protected categories have stayed the same for almost 40 years. However, state and local protections have continued to grow over time.
In California, our fair housing protections stem primarily from the Fair Employment and Housing Act (FEHA), which was passed in 1980. Since the passage of FEHA, the number of categories protected by California fair housing law have continued to increase. Depending on the state that you are in, your protections may be more expansive than you think!
Why are fair housing protections so important?
The activists who fought for the federal Fair Housing Act knew that a stable living environment is necessary to fully exercise all other rights. That is why fair housing was a central goal of the Civil Rights Movement, even after the Civil Rights Act of 1964 was passed.
The protections codified by the Fair Housing Act have helped families to find and keep safe stable places to live. This stability allows families and individuals to hold jobs, attend schools, and enjoy neighborhoods that they might otherwise lack access to or be forced to leave. This includes protections which allow individuals with disabilities to have the same opportunities to use and enjoy their homes as everyone else—providing increased access to new and different types of housing and increasing the quality of life for many tenants. This also includes protections that empower members of vulnerable groups to file complaints and gain redress for discrimination, harassment, or retaliation.
Additionally, as fair housing protections continue to expand at the local and state level, they ensure that more people have access to more homes than ever before. In short, fair housing laws help provide the security and foundation that all of us need to build our daily lives.
| 
