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 protect the buyer/renter of a dwelling from seller/landlord discrimination. The law was the outcome of a civil rights project versus housing discrimination in the United States. It was approved, at the urging of President Lyndon B. Johnson, only one week after the assassination of Martin Luther King, Jr.
. The Act is imposed by the United States Department of Housing and Urban Development.
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HUD analyzes problems of housing discrimination based upon race, color, religious beliefs, nationwide origin, sex, special needs, or familial status. At no cost to you, HUD will check out the complaint and try to fix the matter with both parties. The procedure to submit a grievance is covered listed below.
NOTE: If you wish to find out more about your rights as an occupant in Kansas, read this Kansas Tenant Handbook. It was initially released by the Kansas agency Housing and Credit Counseling, Inc. (HCCI), which assists people in Kansas with a variety of consumer issues.
Here is a video to demonstrate how the Fair Housing Act safeguards you from discrimination on the basis of LGBTQ status.
This video speak about discrimination in Idaho, however it also uses to Kansas and other states as well. If you feel you have actually been a victim of housing discrimination due to the fact that of LGBTQ status, you can obtain assistance from KLS online or call the application line at 316-267-3975. Or you can find out how to file 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 without any more than four units, single-family housing sold or rented without a broker, and housing run by companies and private clubs that limit tenancy to members.
What Is Prohibited?
In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, faith, sex, familial status or handicap:
- Refuse to lease or sell housing
- Refuse to anticipate housing.
- Make housing not available
- Deny a home
- Set various terms, conditions or opportunities for sale or leasing of a residence
- Provide different housing services or facilities
- Falsely deny that housing is open for evaluation, sale, or rental
- For revenue, convince owners to sell or lease (blockbusting) or
- Deny anybody access to or membership in a facility or service (such as a several listing service) related to the sale or rental of housing.
In Mortgage Lending: No one may take any of the following actions based on race, color, nationwide origin, religion, sex, familial status or handicap (special needs):
- Refuse to make a mortgage loan - Refuse to offer information about loans - Impose different terms or conditions on a loan, such as various rate of interest, points, or costs
- Discriminate in evaluating residential or commercial property
- Refuse to purchase a loan or
- Set different terms or conditions for buying a loan.
In Addition: It is prohibited for anybody to:
- Threaten, coerce, bully or interfere with anyone using a fair housing right or helping others who exercise that right - Advertise or make any statement that indicates a cap or preference based on race, color, national origin, religious beliefs, sex, familial status, or handicap. This bar versus inequitable marketing applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
Additional Protection if You Have a Disability
If you or someone gotten in touch with you:
- Have a physical or mental special needs (including hearing, mobility and visual problems, chronic alcohol addiction, chronic mental disorder, AIDS, AIDS Related Complex and psychological retardation) that considerably limits several major life activities - Have a record of such a disability or
- Are related to as having such a disability
Your property manager may not:
- Refuse to let you make reasonable modifications to your house or typical usage areas, at your expense, if needed for the handicapped individual to use the housing. (Where logical, the landlord may permit modifications just if you accept restore the residential or commercial property to its original condition when you move.). - Refuse to make reasonable variations in guidelines, policies, practices or services if needed for the handicapped person to utilize the housing.
Example: A building with a 'no pets' policy should allow an aesthetically impaired renter to keep a guide pet dog.
Example: Let's state an apartment building uses tenants sufficient, unassigned parking. They need to honor a bid from a mobility-impaired occupant for a reserved area near her house if it is required to assure that she can have access to her apartment or condo.
However, housing need not be made uninhabited to a person who is a direct risk to the health or safety of others or who now utilizes controlled substances.
Requirements for New Buildings
In structures that were all set for first use after March 13, 1991, and have an elevator and 4 or more systems:
- Public and typical locations should be convenient to persons with disabilities. - Doors and hallways must be wide enough for wheelchairs.
- All units need to have: - An available path into and through the unit.
- Handy light switches, electric outlets, thermostats and other environmental controls.
- Reinforced bathroom walls to allow later on fitting of grab bars and.
- Bathroom and kitchens that can be used by people in wheelchairs.
If a structure with 4 or more systems has no elevator and were ready for very first use after March 13, 1991, these requirements apply to ground flooring units.
These must-haves for new buildings do not replace anymore rigid standards in State or regional law.
Housing Opportunities for Families
Unless a structure or neighborhood makes the grade as housing for older persons, it may not discriminate based upon familial status. That is, it might not discriminate against in which one or more children under 18 cope with:
- A moms and dad. - An individual who has legal custody of the child or children or.
- The designee of the moms and dad or legal custodian, with the moms and dad or custodian's written consent.
Familial status defense likewise uses to pregnant women and anybody securing legal custody of a child under 18.
Exemption: Housing for older individuals is exempt from the restriction against familial status discrimination if:
- The HUD Secretary has actually chosen that it is specifically designed for and occupied by elderly persons under a Federal, State or regional federal government program or. - It is inhabited exclusively by individuals who are 62 or older or.
- It houses at least someone who is 55 or older in a minimum of 80 percent of the occupied units. It needs to likewise adhere to a policy that shows an intent to house individuals who are 55 or older.
A transition period permits homeowners on or before September 13, 1988, to continue residing in the housing, no matter 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 local reasonable housing company is prepared to help you submit a problem, or you can get legal help from KLS online or call the application line at 1-800-723-6953. Go on the internet to HUD to learn how to submit a problem.
What to Tell HUD
- Your name and address. - The name and address of the person your problem is against (the participant).
- The address or other description of the housing included.
- A short description of the supposed violation (the occasion that caused you to think your rights were violated).
- The date of the supposed violation
Where to Write or Call:
Send a letter to the reasonable housing workplace nearest you, or if you wish, you may 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
TTY (913) 551-6972
E-mail: Complaints_office_07@hud.gov!.?.! Have a look at our pages on Resolving legal
barriers to employment and housing and Facts about record expungement in Kansas. Read about Tenant issues and rights for Kansas renters Plain text -No HTML tags permitted.- Lines and paragraphs break immediately.- Websites addresses and e-mail addresses develop into links instantly.