The federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, was meant to protect the buyer/renter of a residence from seller/landlord discrimination. The law was the outcome of a civil liberties project versus housing discrimination in the United States. It was approved, at the advising of President Lyndon B. Johnson, just one week after the assassination of Martin Luther King, Jr.
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. The Act is enforced by the United States Department of Housing and Urban Development.
HUD analyzes problems of housing discrimination based on race, color, faith, national origin, sex, disability, or familial status. At no charge to you, HUD will check out the complaint and try to deal with the matter with both parties. The process to file a problem is covered below.
NOTE: If you desire to find out more about your rights as a tenant in Kansas, read this Kansas Tenant Handbook. It was originally released by the Kansas firm Housing and Credit Counseling, Inc. (HCCI), which assists individuals in Kansas with a variety of customer issues.
Here is a video to demonstrate how the Fair Housing Act safeguards you from discrimination on the basis of LGBTQ status.
This video discuss discrimination in Idaho, but it also uses to Kansas and other states as well. If you feel you have been a victim of housing discrimination due to the fact that of LGBTQ status, you can make an application for help from KLS online or call the application line at 316-267-3975. Or you can find out how to submit a grievance directly with HUD by going here.
What Housing Is Covered?
The Fair Housing Act covers most housing In many cases, the Act excuses owner-occupied buildings with no more than 4 systems, single-family housing offered or leased without a broker, and housing run by organizations and private clubs that restrict occupancy to members.
What Is Prohibited?
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In the Sale and Rental of Housing: Nobody may take any of the following actions based upon race, color, nationwide origin, religious beliefs, sex, familial status or handicap:
- Refuse to rent or offer housing
- Refuse to bargain for housing.
- Make housing unavailable
- Deny a house
- Set different terms, conditions or benefits for sale or leasing of a dwelling
- Provide various housing services or centers
- Falsely deny that housing is open for examination, sale, or leasing
- For earnings, convince owners to offer or rent (blockbusting) or
- Deny anybody access to or subscription in a facility or service (such as a several service) associated to the sale or rental of housing.
In Mortgage Lending: No one might take any of the following actions based on race, color, national origin, faith, sex, familial status or handicap (impairment):
- Refuse to make a mortgage loan - Refuse to offer details about loans
- Impose various terms or conditions on a loan, such as various rate of interest, points, or costs
- Discriminate in assessing residential or commercial property
- Refuse to buy a loan or
- Set different terms or conditions for acquiring a loan.
In Addition: It is prohibited for anyone to:
- Threaten, coerce, bully or interfere with anyone applying a reasonable housing right or assisting others who exercise that right - Advertise or make any declaration that shows a cap or choice based on race, color, nationwide origin, religion, sex, familial status, or handicap. This bar against discriminatory 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 somebody gotten in touch with you:
- Have a physical or psychological disability (including hearing, mobility and visual problems, chronic alcoholism, persistent mental disorder, AIDS, AIDS Related Complex and psychological retardation) that greatly limits one or more major life activities - Have a record of such a special needs or
- Are related to as having such an impairment
Your property manager might not:
- Refuse to let you make realistic changes to your dwelling or common usage areas, at your cost, if required for the handicapped individual to utilize the housing. (Where rational, the property owner might allow changes only if you concur to bring back the residential or commercial property to its initial condition when you move.). - Refuse to make reasonable variations in guidelines, policies, practices or services if needed for the disabled individual to use the housing.
Example: A building with a 'no animals' policy should allow a visually impaired occupant to keep a guide canine.
Example: Let's state an apartment complex uses renters sufficient, unassigned parking. They should honor a bid from a mobility-impaired tenant for a reserved space near her apartment or condo if it is needed to guarantee that she can have access to her apartment or condo.
However, housing need not be made vacant to an individual who is a direct hazard to the health or security of others or who now utilizes illegal drugs.
Requirements for New Buildings
In structures that were ready for very first use after March 13, 1991, and have an elevator and 4 or more units:
- Public and typical areas must come in handy to individuals with disabilities. - Doors and corridors need to be broad enough for wheelchairs.
- All systems should have: - An available path into and through the unit.
- Handy light switches, electric outlets, thermostats and other environmental protections.
- Reinforced bathroom walls to permit later on fitting of grab bars and.
- Kitchens and bathrooms that can be used 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 requirements apply to ground flooring systems.
These must-haves for brand-new buildings do not change anymore strict standards in State or local law.
Housing Opportunities for Families
Unless a structure or neighborhood makes the grade as housing for older persons, it might not discriminate based upon familial status. That is, it may not victimize families in which one or more kids under 18 cope with:
- A moms and dad. - A person who has legal custody of the kid or children or.
- The designee of the parent or legal custodian, with the moms and dad or custodian's written permission.
Familial status defense likewise applies to pregnant women and anybody protecting legal custody of a child under 18.
Exemption: Housing for older persons is exempt from the restriction against familial status discrimination if:
- The HUD Secretary has actually chosen that it is specifically created for and inhabited by elderly persons under a Federal, State or local government program or. - It is occupied entirely by individuals who are 62 or older or.
- It houses at least one person who is 55 or older in at least 80 percent of the occupied systems. It needs to also comply with a policy that demonstrates an intent to house individuals who are 55 or older.
A transition duration permits homeowners on or before September 13, 1988, to continue residing in the housing, despite their age, without hindering the exemption.
If you think your rights have actually been breached ... The U.S. Department of Housing and Urban Development (HUD), a Kansas or regional fair housing agency is ready to help you submit a problem, or you can look for legal assistance from KLS online or call the application line at 1-800-723-6953. Browse the web to HUD to learn how to submit a problem.
What to Tell HUD
- Your name and address. - The name and address of the individual your complaint is against (the respondent).
- The address or other description of the housing included.
- A short description of the alleged infraction (the occasion that triggered you to think your rights were breached).
- The date of the supposed violation
Where to Write or Call:
Send a letter to the fair housing workplace closest you, or if you want, you may call that office straight.
Great Plains Office-- Fair Housing Hub
U.S. Department of Housing and Urban Development,
Gateway Tower II, 400 State Avenue, Room 200, fourth 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 work and housing and Facts about record expungement in Kansas. Check out Tenant concerns and rights for Kansas renters Plain text -No HTML tags permitted.- Lines and paragraphs break automatically.- Web page addresses and email addresses develop into links automatically.