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Federal Fair Housing Law

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When publicize your home for sale by owner, you will doubtless come into contact with a variety of people. All of these people, simply put, will not look just like you. You may come into contact with people of different ethnic groups or nationalities, people of different race, or even people with disabilities. Situations can occur where discrimination against different types of people can be a violation of law, particularly regarding housing. Most types of housing are covered under these laws with the exception of those dwellings that operate under shelter laws, for example exclusively for battered women or for the hearing impaired.



Under the Fair Housing Laws, it is illegal to, based on someone's color, creed, nationality, sexual orientation, handicap, etc? refuse to sell or to rent housing; refuse to negotiate for housing arrangements; make housing unavailable; deny a dwelling; set different terms, conditions or privileges for sale or rental of a dwelling; provide differing housing services; claim falsely that housing is not available for rent, sale, or inspection; persuade owners to sell or rent (this is known as ?blockbusting?); or deny access to membership in a service and / or membership related to the sale or rental of housing. All of the above, if infracted, will result in prosecution and criminal charges being brought against the violator. The same, or similar criteria exist for mortgage lending for the purchase of a home.

There exist clauses in the laws that state it is illegal to threaten or coerce, to intimidate or interfere with anyone exercising a fair housing right. Also, you may not advertise or in any other way make any statement that indicates a limitation or preference based on race, color, national origin, religion, handicap, etc? This forbiddance against discriminatory advertising applies to single-family as well as owner-occupied homes that are otherwise exempt from the Fair Housing Act.

Housing discrimination is not always characterized by the slamming of the door in someone's face or a bigoted remark being hurled at a potential homebuyer. However, it can be just as ugly and just as hurtful to the potential buyer. Even without this as deterrence from the act, it is against the law. As a seller, it is important to treat each and every person interested in your home with dignity. It helps to think of everyone as being a member of the human race instead of seeing them as being unwamted if they do not look like you.

With the laws that exists, it is best to conduct the sale of your home in a business-like manner and treat the transaction with all seriousness without allowing personal preferences to interfere, as this is counter-productive to the ultimate goal: the sale of your home. Your newspaper as well as other advertisements should be directed to the general public with the only descriptive language used being the language that describes your house alone. You must describe the demographic of your neighborhood and especially do not describe what ?type? of person you would like to become interested in your house. If these rules are followed, there should be only the technical difficulties of closing the transaction rather than the complex ones dealing with offensive and discriminatory practice.
Federal Fair Housing Law
On your side is the U.S Department of Housing and Urban Development (abbreviated to HUD). Your weapon is the Fair Housing Act (FHA), which was enacted by Congress back in 1968. In a nutshell, what this act does is prevent direct providers of housing (e.g landlords, real estate companies, banks, etc.) from discriminating due to race, religion, sex, origin, family status, or disability.

To clarify, race discrimination covers more than just your typical “Sorry, I don't rent to black/yellow/white/red/green people” remarks. Many times, homeseekers don't know that they've been discriminated against. This happens when housing providers hide their discrimination by giving fake information about availability of housing. The Department of Justice actually has a special program, the Fair Housing Testing Program, which goes to uncover this kind of hidden discrimination.

Besides the normal interpretation of religion-based discrimination, housing providers can not create zoning ordinances to limit usage of private homes as places of worship. Also, don't get too hyped up if you think you have a case against the local catholics-only rental unit; religious organizations are allowed to reserve housing for people of the same religion.

The most popular filings to the HUD are related to disability discrimination. According to the FHA, “persons with a disability” refers to people with “a physical or mental impairment which substantially limits one or more of such person's major life activities.” This means that homeowners are not allowed to discriminate based on afflictions such as HIV infection, mental retardation, alcoholism, and mobility impairment. The FHA also does not cover users of illegal controlled substances, sex offenders, and juvenile offenders.

These laws against discriminatory practices also carry over to mortgage loans and home improvement loans; in these cases, you are protected under both the FHA and the Equal Credit Opportunity Act.

So what happens when you experience this discrimination? The FHA has complete provisions for handling this type of event. If you have been a victim of an illegal housing practice, you are allowed to either file a complaint with the HUD or file a lawsuit with the federal or state court. When you file a complaint with the HUD, the Department of Justice will get involved and launch suits on behalf of those who filed complaints.

As an example, a young man named Michael Scialabba in Chicago was involved in an automobile accident which left him with a traumatic brain injury. The condominium association and his property manager were accused of not making any reasonable attempt to accommodate Michael's injury. The result: Michael won a $160,000 settlement against the condominium association due to the federal Fair Housing Act.

It's nice to know sometimes that you have a few government organizations watching out for your fair treatment. Another little known fact is that if a housing provider uses force or threatens to use force to deny you your fair housing rights, the Department of Justice can launch the granddaddy of all suits: criminal proceedings.

Hopefully now you have a better grasp of what the HUD and FHA can offer you in terms of homeseeker empowerment. Knowing your rights will give you the upper hand when you look for housing; don't let the housing providers take advantage of you.
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Rebecca Kay has sinced written about articles on various topics from Cars, Cure Anxiety and Cars. Reba Kay is the owner of who specializes in real estate investing and consultation. She. Rebecca Kay's top article generates over 1900 views. to your Favourites.

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