Change Your World Week Fall 2021 (Archived)
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Housing Discrimination
What is Housing Discrimination?
The Department of Fair Employment and Housing (DFEH) is responsible for enforcing state fair housing laws that make it illegal to discriminate because of a protected characteristic (see “What is Protected”). The law applies to landlords, tenant screening companies, property management companies, real estate agents, home sellers, builders, mortgage lenders, and others. The law prohibits discrimination in all aspects of the housing business, including: renting or leasing, sales, mortgage lending and insurance, advertising, practices such as restrictive covenants, and new construction.
WHAT DISCRIMINATION LOOKS LIKE?
The Fair Employment and Housing Act prohibits those engaged in the housing business – landlords, real estate agents, home sellers, builders, mortgage lenders, among others – from discriminating against tenants or homeowners listed in the section “Who is protected?”
It is also illegal for cities, counties, or other local government agencies to make zoning or land-use decisions, or have policies, that discriminate against individuals based on those traits.
Violations of the anti-discrimination law include the following:
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Refusal to sell, rent, or lease rooms, apartments, condos or houses to protected individuals
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Refusal to negotiate for the sale, rental, or lease of housing
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Representation that a housing accommodation is not available for inspection, sale, or rental when it is in fact available
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Denial of a home loan or homeowner’s insurance
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Cancellation or termination of a sale or rental agreement
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Policies, practices, terms, or conditions that result in unequal access to housing or housing-related services
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Offering inferior terms, conditions, privileges, facilities or services in connection with the housing accommodation
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Sexual harassment involving unwanted sexual advances or requiring sexual favors for housing rights or privileges
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Refusal to permit, at a disabled tenant’s expense, reasonable modifications when necessary to accommodate a disability
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Refusal to make reasonable accommodations in housing rules, policies, practices, or services where necessary to afford a disabled person equal opportunity to use and enjoy a dwelling
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Retaliation against someone filing a complaint
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Overly restrictive rules limiting the activities of daily life for families with children, including where children are allowed to play
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Discrimination Isn’t Always Obvious – Example #1:
John, who is a Black man, speaks to a prospective landlord on the phone about leasing an apartment. On the phone, the landlord seems eager to rent to John, but when John meets with the landlord in person to fill out an application, the landlord’s attitude is entirely different. A few days later, John receives a letter saying that his application was denied because of a negative reference from his current landlord. John is surprised because he never had problems with his landlord, and his landlord swears she was never contacted for a reference. John suspects that the real reason he was denied the apartment was because he is Black, so John files a complaint with HUD. HUD investigates and it turns out John is right – the landlord’s files show a pattern of discrimination because of race and color.
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Discrimination Isn’t Always Obvious – Example #2:
Jane is a Muslim woman who wears a hijab. Jane walks into the leasing office for a large apartment building because she saw a sign in the building’s window advertising several available units. Jane introduces herself to the leasing officer, who immediately says there are no units available. Jane asks to be put on the waiting list, but she never receives a call. Jane files a complaint with HUD because she suspects that the leasing officer does not want to rent to her because she is Muslim. HUD investigates and it turns out Jane is right – other employees of the building give HUD information that substantiates Jane’s claim of religious discrimination.
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Steering Is A Form Of Discrimination:
John, who is an Asian man, meets with a real estate broker to discuss purchasing a house for his family. When John names the neighborhood that he is interested in, the broker asks John if he is sure that his family will feel comfortable there. The broker tells John that she has a wonderful listing in another neighborhood where there are more “people like them.” When the broker takes John to see the house, John notices that the residents of the neighborhood appear to be mostly Asian. John files a complaint with HUD because steering someone to a certain neighborhood because of his race is a form of race discrimination.
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Harassment Is A Form Of Discrimination:
Jane has a Housing Choice Voucher (Section 8), but one month she falls behind on her portion of the rent. When Jane asks her landlord if he will give her a few more days, her landlord says yes but only if she will go out with him. Feeling she has no choice, Jane says yes. Over the next few days, Jane’s landlord sends her sexually explicit text messages even though Jane tells him to stop. Jane’s landlord tells her that if she does not go out with him again he is going to evict her and she will lose her voucher. Jane files a complaint with HUD because sexual harassment is a form of sex discrimination.
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Many Housing Units Have Accessibility Requirements:
John, a person with a disability who uses a wheelchair, views a condominium he is hoping to purchase in a new multistory building. When John arrives, he finds there are no accessible parking spaces in the building’s parking lot. When John tries to enter the unit, his wheelchair can barely fit through the door and he bangs his arms on the way in. Inside the unit, the thermostat and light switches are all too high for him to reach. The building has a fitness room, but he cannot look at it because the only way to get to the fitness room is to go up steps. John files a complaint with HUD because failing to comply with accessibility requirements is a form of disability discrimination.
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Reasonable Accommodations Are Required for Persons With Disabilities:
Jane has a developmental disability that affects her capacity to manage her own finances. Jane tells her building manager that her mother will be paying her rent for this reason and asks if all notices relating to her rent can be sent to her mother. The building manager tells Jane that the management company has a policy of only sending notices to residents, no exceptions. Several months later, Jane receives an eviction notice because her mother had not known that Jane’s rent had been increased. Jane files a complaint with HUD because denying a reasonable accommodation is a form of disability discrimination.
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Rules Against Children Are Discriminatory:
John has three teenage children. John’s building has a patio with picnic tables, and one day John’s children decide to have lunch there with some of their friends. The next day, John receives a notice from the homeowners association informing him that the building rules say that the patio is for adult-use only and that he needs to make sure his children do not violate the building rules. John files a complaint with HUD because building rules that discriminate against children are a form of familial status discrimination.
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Mortgage Lending Discrimination Is Illegal:
Jane and John are filling out an application for a mortgage at their local bank. Their loan officer notices that Jane is visibly pregnant and asks whether she will be taking maternity leave. When Jane says yes, the loan officer informs the couple that they either have to apply without Jane’s income or wait until she returns from leave. “I’m sorry,” the loan officer says, “but I’ve seen too many women change their mind about going back to work.” Jane and John file a complaint with HUD because the bank’s policy discriminates based on sex and familial status.
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Discrimination in the Conditions of Housing Is Illegal:
John recently moved to the United States from Mexico. One day, John sees that there is a new tenant in the apartment next to his, so he welcomes her to the building. John’s neighbor comments on how nice everyone in the building seems, especially the building manager who offered to waive her security deposit because she seems like a good person. John is surprised because the building manager was short-tempered with him and said that John’s accent made him hard to understand. John later asks around and finds out that the building manager has waived fees and deposits for other tenants he likes, but not for him or other persons from Mexico. John files a complaint with HUD because providing different terms and conditions to tenants because of national origin is illegal discrimination.
For more information check out this Article!
The link below is a great video of a study done to show the difference between whites vs. African Americans when applying for housing.
Housing Discrimination Under The Fair Housing Act
The Fair Housing Act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.
Fair Housing Law
Housing Discrimination is more than a refusal to rent, sell or finance housing.
With few exceptions, Federal and State law prohibits the following acts when based on
race color religion sex (including sexual harassment, pregnancy, sexual orientation and gender identity)
national origin (including immigration status) familial status (the presence of children under the age of 18)
disability age marital status:
race color religion sex (including sexual harassment, pregnancy, sexual orientation and gender identity)
national origin (including immigration status) familial status (the presence of children under the age of 18)
disability age marital status:
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Steering people and families to or away from a particular neighborhood or a certain part of an apartment complex;
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Charging a higher security deposit or offering different terms and conditions, use of facilities, or other services associated with the rental, sale or financing of housing;
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Having different qualifying standards, such as closer scrutiny of credit history for some groups while bending the rules for others;
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Saying that housing is not available to view, buy, or rent when it is in fact available;
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Sexual harassment by an owner or agent;
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Delay or denial of a loan based on maternity leave status;
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Denying a reasonable accommodation for a person with a disability (including restricting animal breed for emotional support and service animals);
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Harassment of buyers or renters who are exercising their fair housing rights;
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Harassment of sellers, rental agents, or real estate agents who refuse to discriminate.
Law
Title VIII of the U.S. Civil Rights Act of 1968 is commonly referred to as the Federal Fair Housing Act. This federal law, as amended in 1974 and 1988, protects each individual’s right to equal housing opportunity without discrimination based on race, color, religion, national origin, sex (including sexual harassment, sexual orientation, and gender identity), disability, and/or familial status (the presence of children). Visit our History of Fair Housing Law page for further details.
In Michigan, housing discrimination is prohibited by the Elliott-Larsen Civil Rights Act and the Persons with Disabilities Civil Rights Act. State law includes all federal protections and adds age, marital status, weight, and height.
Local ordinances provide added protection against discrimination based on (Adrian) sexual orientation, gender identity, and AIDS or HIV status; (Ann Arbor) arrest record, educational association, family responsibilities, gender expression, gender identity, genetic information, HIV status, marital status, national origin, political beliefs, sexual orientation, source of income, veteran status, victim of domestic violence or stalking; (Howell) sexual orientation and gender identity; (East Lansing) sexual orientation, student status, use of adaptive devices or aids, or legal source of income; (Jackson) gender identity, sexual orientation, and source of income; (Lansing) student status, veteran status, political affiliation or belief, sexual orientation, gender identity, gender expression, or source of income; and (Ypsilanti) immigration status, sexual orientation, gender identity, gender expression, educational association, source of income, and felony or misdemeanor conviction (unless there is a direct relationship between the conviction offense and the housing, the job, the opportunity or unless hiring or accepting the person would create an unreasonable risk to property or safety).
The Fair Housing Act prohibits discrimination in housing because of:
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Race
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Color
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National Origin
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Religion
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Sex
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Familial Status
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Disability
In the Sale and Rental of Housing:
It is illegal discrimination to take any of the following actions because of race, color, religion, sex, disability, familial status, or national origin:
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Refuse to rent or sell housing
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Refuse to negotiate for housing
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Otherwise make housing unavailable
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Set different terms, conditions or privileges for sale or rental of a dwelling
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Provide a person different housing services or facilities
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Falsely deny that housing is available for inspection, sale or rental
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Make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination
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Impose different sales prices or rental charges for the sale or rental of a dwelling
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Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements
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Evict a tenant or a tenant’s guest
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Harass a person
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Fail or delay performance of maintenance or repairs
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Limit privileges, services or facilities of a dwelling
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Discourage the purchase or rental of a dwelling
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Assign a person to a particular building or neighborhood or section of a building or neighborhood
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For profit, persuade, or try to persuade, homeowners to sell their homes by suggesting that people of a particular protected characteristic are about to move into the neighborhood (blockbusting)
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Refuse to provide or discriminate in the terms or conditions of homeowners insurance because of the race, color, religion, sex, disability, familial status, or national origin of the owner and/or occupants of a dwelling
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Deny access to or membership in any multiple listing service or real estate brokers’ organization
Rental Housing Discrimination
When dealing with rental housing discrimination, Federal and state laws make it illegal for landlords, and other property owners and agents, to discriminate on the basis of certain group characteristics. Congress enacted the Fair Housing Act of 1968 and the Fair Housing Amendments Act of 1988 to prohibit housing discrimination based on race, color, religion, sex, national origin, family status, age, and disability. Some state and local laws also prohibit housing discrimination based on marital status, sexual orientation, and gender identity. Illegal conduct includes discrimination in the sale, rental, financing, and advertising of real estate.
Examples of Illegal Housing Discrimination
Refusing to reasonably accommodate the needs of disabled tenants by preventing them from using a service dog or emotional support animal. Although a building may be designated “no pets,” a landlord must reasonably accommodate the needs of disabled tenants. This means that rules, procedures, and services must be adjusted to provide equal opportunity to use and enjoy the apartment or common spaces.
Discrimination occurs when landlords set unreasonably low occupancy limits. The unstated goal of requiring that only two people can rent a two-bedroom apartment might be to exclude families, which is illegal under federal law. In general, two persons are allowed per bedroom
Housing Assistance
When dealing with rental housing discrimination, Federal and state laws make it illegal for landlords, and other property owners and agents, to discriminate on the basis of certain group characteristics. Congress enacted the Fair Housing Act of 1968 and the Fair Housing Amendments Act of 1988 to prohibit housing discrimination based on race, color, religion, sex, national origin, family status, age, and disability. Some state and local laws also prohibit housing discrimination based on marital status, sexual orientation, and gender identity. Illegal conduct includes discrimination in the sale, rental, financing, and advertising of real estate.
Housing & Financial Assistance (hdc-caro.org)
This link give access to an online contact form for HDC. If you or someone you know is homeless this form can be filled out and submitted to have someone contact you about housing assistance. Make sure if the form needs to be filled out you are selecting the correct county.
Title VIII of the U.S. Civil Rights Act, commonly known as the "Fair Housing Act," prohibits discrimination in the sale, rental, purchase, leasing, financing and/or advertising of housing based upon:
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Race
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Color
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Religion
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Sex (including sexual harassment)
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National origin
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Familial status
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Disability
According to the Michigan State Housing Development Authority (MSHDA - Fair Housing (michigan.gov))
They also offer housing assistance, while there is a waitlist they prioritize people with young children and the elderly on the list based on county. This link Gives access to the MSHDA website in their homeless tab giving information on assistance offered. (MSHDA - Homeless (michigan.gov))