Fair Housing Rights to Protect you under The Law
The federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, was meant to safeguard the buyer/renter of a dwelling from seller/landlord discrimination. The law was the result of a civil liberties project versus housing discrimination in the United States. It was authorized, at the advising of President Lyndon B. Johnson, only one week after the assassination of Martin Luther King, Jr.
. The Act is implemented by the United States Department of Housing and Urban Development.
HUD analyzes problems of housing discrimination based upon race, color, faith, national origin, sex, impairment, or familial status. At no expense to you, HUD will explore the complaint and try to fix the matter with both parties. The procedure to submit a complaint is covered listed below.
NOTE: If you wish to find out more about your rights as a renter in Kansas, read this Kansas Tenant Handbook. It was originally released by the Kansas agency Housing and Credit Counseling, Inc. (HCCI), which helps individuals in Kansas with a variety of customer issues.
Here is a video to demonstrate how the Fair Housing Act protects you from discrimination on the basis of LGBTQ status.
This video discuss discrimination in Idaho, however it likewise uses to Kansas and other states too. If you feel you have been a victim of housing discrimination since of LGBTQ status, you can get assistance from KLS online or call the application line at 316-267-3975. Or you can find out how to submit a grievance straight with HUD by going here.
What Housing Is Covered?
The Fair Housing Act covers most housing In many cases, the Act excuses owner-occupied structures with no more than 4 systems, single-family housing sold or rented without a broker, and housing run 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 upon race, color, national origin, religion, sex, familial status or handicap:
- Refuse to rent or offer housing
- Refuse to plan on housing.
- Make housing unavailable
- Deny a dwelling
- Set various terms, conditions or opportunities for sale or leasing of a residence
- Provide different housing services or centers
- Falsely reject that housing is open for examination, sale, or leasing
- For profit, persuade owners to sell or rent (blockbusting) or
- Deny anybody access to or subscription in a center or service (such as a multiple listing service) associated to the sale or leasing of housing.
In Mortgage Lending: No one might take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (impairment):
- Refuse to make a mortgage loan - Refuse to give information about loans
- Impose various terms or conditions on a loan, such as various rate of interest, points, or charges
- Discriminate in appraising residential or commercial property
- Refuse to purchase a loan or
- Set different terms or conditions for buying a loan.
In Addition: It is illegal for anyone to:
- Threaten, persuade, bully or hinder anybody applying a reasonable housing right or helping others who exercise that right - Advertise or make any declaration that indicates a cap or choice based on race, color, national origin, faith, sex, familial status, or handicap. This bar against inequitable advertising uses to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
Additional Protection if You Have an Impairment
If you or somebody linked with you:
- Have a physical or mental disability (consisting of hearing, movement and visual disabilities, chronic alcohol addiction, persistent mental disorder, AIDS, AIDS Related Complex and psychological retardation) that significantly limits several major life activities - Have a record of such a special needs or
- Are regarded as having such an impairment
Your property manager might not:
- Refuse to let you make reasonable changes to your residence or typical use areas, at your expense, if required for the disabled individual to utilize the housing. (Where reasonable, the property manager may allow changes only if you consent to bring back the residential or commercial property to its initial condition when you move.). - Refuse to make practical variations in rules, policies, practices or services if required for the disabled individual to use the housing.
Example: A building with a 'no animals' policy must permit an aesthetically impaired tenant to keep a guide dog.
Example: Let's state an apartment building uses renters ample, unassigned parking. They must honor a bid from a mobility-impaired tenant for a reserved area near her house if it is required to assure that she can have access to her apartment.
However, housing need not be made uninhabited to an individual who is a direct hazard to the health or security of others or who now uses controlled substances.
Requirements for New Buildings
In buildings that were ready for first use after March 13, 1991, and have an elevator and four or more systems:
- Public and common locations should be to individuals with specials needs. - Doors and hallways need to be wide enough for wheelchairs.
- All systems need to have: - An accessible route into and through the system.
- Handy light switches, electrical outlets, thermostats and other environmental controls.
- Reinforced restroom walls to enable later fitting of grab bars and.
- Bathroom and kitchens that can be utilized by individuals in wheelchairs.
If a structure with 4 or more systems has no elevator and were prepared for first usage after March 13, 1991, these standards use to ground flooring units.
These must-haves for brand-new structures do not replace any more stringent standards in State or local law.
Housing Opportunities for Families
Unless a building or neighborhood qualifies as housing for older individuals, it may not discriminate based on familial status. That is, it may not discriminate versus families in which one or more children under 18 live with:
- A parent. - An individual who has legal custody of the kid or children or.
- The designee of the moms and dad or legal custodian, with the parent or custodian's composed approval.
Familial status security likewise applies to pregnant ladies and anybody securing legal custody of a child under 18.
Exemption: Housing for older individuals is exempt from the restriction versus familial status discrimination if:
- The HUD Secretary has actually decided that it is specifically designed for and occupied by senior persons under a Federal, State or local government program or. - It is occupied solely by individuals who are 62 or older or.
- It houses a minimum of someone who is 55 or older in a minimum of 80 percent of the occupied units. It needs to likewise comply with a policy that shows an intent to house individuals who are 55 or older.
A shift period permits homeowners on or before September 13, 1988, to continue residing in the housing, regardless of their age, without disrupting the exemption.
If you believe your rights have been breached ... The U.S. Department of Housing and Urban Development (HUD), a Kansas or regional fair housing agency is ready to assist you submit a problem, or you can apply for legal support from KLS online or call the application line at 1-800-723-6953. Go on the internet to HUD to find out how to submit a problem.
What to Tell HUD
- Your name and address. - The name and address of the individual your problem protests (the participant).
- The address or other description of the housing included.
- A short description of the alleged violation (the occasion that caused you to think your rights were breached).
- The date of the alleged offense
Where to Write or Call:
Send a letter to the reasonable housing workplace nearest you, or if you wish, you might 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, 4th Floor,
Kansas City, KS 66101-2406
Telephone (913) 551-6958 or 1-800-743-5323
Fax (913) 551-6856
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TTY (913) 551-6972
E-mail: Complaints_office_07@hud.gov!.?.! Take a look at our pages on Resolving legal
barriers to employment and housing and Facts about record expungement in Kansas. Read about Tenant concerns and rights for Kansas tenants Plain text -No HTML tags allowed.- Lines and paragraphs break instantly.- Websites addresses and e-mail addresses develop into links instantly.