What is the Fair Housing Act?

The Fair Housing Act is a piece of U.S. legislation intended to counteract discriminatory actions taken by unregulated landlords and property managers. The act is just one component of the larger Civil Rights Act of 1968.

What protections does the Fair Housing Act offer?

The Fair Housing Act originally protected from housing discrimination on the basis of race, color, religion and national origin. Today, additions to the Fair Housing Act protects from housing discrimination on the basis of race or color, religion, national origin, familial status, age, disability or handicap and sex. These are called protected classes.

These protections apply to all aspects of the rental process. Landlords can't base their rental decisions on someone's inclusion in a protected class, nor alter the available services during the terms of a lease because of someone's inclusion in a protected class. Eviction decisions also can't be based on someone's inclusion in a protected class.

Are these guidelines actually enforced?

There's an ongoing problem with governmental agencies actually enforcing the guidelines set out by the Fair Housing Act. A report prepared by the Government Accountability Office exposed some inconsistencies with enforcement. These inconsistencies were particularly present at the local level.

Luckily, if you feel you have experienced any type of discrimination in your renting experience that goes against the guidelines declared in the Fair Housing Act, there are ways you can plead your case and try to get some results.

Enforcement of the Fair Housing Act is left up to the U.S. Department of Housing and Urban Development, or HUD. HUD has a sub-office – the Office of Fair Housing and Equal Opportunity (FHEO) – that's responsible for handling complaints of discrimination.

FHEO maintains a network of regulatory bodies at all levels. Renters can file a complaint against a landlord or property manager with FHEO at no cost. FHEO will then relegate your issue to either a state or local office, depending on what's available.

In addition to the option of working with FHEO to resolve complaints of discriminatory behavior that's outlawed by the Fair Housing Act, renters can work with private housing advocacy groups. Some of these groups receive federal funding from FHEO, some are operated by private donors and some even operate as a non-profit using funding received through successful litigation.

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