The united states code is meant to be an organized, logical compilation of the laws passed by congress. Prohibits discrimination based on handicap in the provision of housing brokerage services multiple listing services, real estate agents organizations and. Fair housing act as amended title viii of the 1968 civil rights act sec. The affirmatively furthering fair housing rule and the assessment tools. The fair housing amendments act fhaa was signed into law on september. To end segregation of the housing available to people who have disabilities. The amendments expand coverage of title viii to prohibit discrimi natory housing practices based on disability1 and familial status. Analysis of familial status in 1988, president reagan signed into law the fair housing amendments act of 1988. The fair housing act covers virtually all types of housing, including privately.
Fair housing amendments act of 1988 how is fair housing amendments act of 1988 abbreviated. Understanding the fair housing amendments act united spinal. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. The following is a brief description of these antidiscrimination laws which may protect a tenant with disabilities. Title viii of the civil rights act of 1968 fair housing act 24 cfr part 100 pdf file housing discrimination complaints.
Housing discrimination under the fair housing act hud. Click on the link below to find out which of our homebuyer programs may be right for you. In this article, we examine the first decade of experience under the 1988 amendments. Sometimes these names say something about the substance of the law as with the 2002 winter olympic commemorative coin act. At ihcda, we believe that growing indiana s economy starts at home. The fair housing act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. The fair housing act amendments act of 1988 and group homes for the handicapped by john h. The federal fair housing act and its 1988 amendments fha protect people from negative housing actions that occur because of their race, color, national origin, religion, sex, disability, or family status, which are protected classes under the fha. Fair housing amendments act of 1988 establishes statutorily. Because emotional support and service animals are not. The fair housing act of 1968, together with its 1974 amendments, enunciated. The animal is viewed as a reasonable accommodation under the fair housing amendments act of 1988 fha or fhact to those housing communities that have a no pets rule. This includes housing subsidized by the federal government or rented through the use of section 8 voucher assistance. The ohio civil rights act governs the enforcement of the federal fair housing amendments act of 1988.
Seng, discrimination against families with children and handicapped persons under the 1988 amendments to the fair housing act, 22 j. The act amends title viii of the civil rights act of 1968, which prohibits discrimination on the basis of race, color, religion, sex or national origin in housing sales, rentals or financing. The fair housing acts nondiscrimination requirements extend to all dwellings except those covered by a specific exemption in the statute. This booklet is designed to acquaint people with disabilities, advocates, providers, and attorneys with the fair housing amendments act of 1988 fhaa or the act i. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a. The fair housing amendments act of 1988 and housing discrimination against people with mental disabilities. The fair employment and housing act feha5 which mirrors the federal fair housing amendments act of 1988 with some important differences. The fair housing amendments act applies to the public use areas, the common use areas, and the individual apartments at a housing facility, regardless of whether it is privately or publicly owned. Fair housing act as amended in 1988, 42 usc 3601 et seq. A fair housing act fha, also known as the fair housing amendments act of 1988 for emotional support animals and service animals, is a federal law that states that any individual who is suffering from mental or physical disability and has an emotional support animal, cannot be turned away from housing even if there is a no pet policy. The fair housing act s nondiscrimination requirements extend to all dwellings except those covered by a specific exemption in the statute. After the federal fair housing amendments act in 1988 added handicap and familial status, the colorado act was amended to add familial status and to expand the definition of handicap to include both physical and mental.
Like most important pieces of federal legislation, the fair housing act and the 1988 amendments act embody a series of careful compromises crafted by members of congress. Terms in this set 26 the fair housing amendments act of 1988 extends antidiscrimination coverage to. Causes of the discrimination problem although approximately 40 percent of all american households include children. Protected classes the fair housing amendments act of 1988 and. Fair housing act as amended title viii of the 1968. Under the 1988 amendments act, the definition of protected handicapped individuals. The federal fair housing act was adopted as title viii of the civil rights act of 1968. That includes individuals with special needs, restrictions, or assistive aids, which includes emotional support animals. The joint statement of the department of housing and urban development and the department of justice on reasonable accommodations under the fair housing act is attached below. Everyone can agree that all hoosiers should have the. We do business in accordance with the federal fair housing law. As amended, section 804f3c of the act provides that unlawful discrimination. Ohios housing discrimination law covers houses, apartments, lots, all real estate rented or sold with or without a real estate salesperson, broker, or leasing agent. A transition period permits residents on or before september, 1988, to continue living in the housing, regardless of their age.
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. Department of housing and urban development office of fair housing and equal opportuni ty washington, d. The act has three broad purposes in relation to persons with disabilities. Fair housing act as amended title viii of the 1968 civil. Schill new york university samantha friedman new york university thirty years ago, congress enacted the landmark fair housing act of 1968, which out lawed for the first time private as well as public discrimination in housing. The civil rights act of 1968, as amended by the fair housing amendment act of 1988, provides civil rights protection to applicants and tenants of rented or leased housing and purchasers of residential dwelling units. Amends the civil rights act of 1968 to include within the definition of discriminatory housing practice new prohibitions against coercion, intimidation, threats, or interference because of a handicap. Right to emotional support animals in no pet housing. Section 504 covers housing providers that receive federal financial assistance from the u. This document uses the term disability, which is more generally accepted. That includes individuals with special needs, restrictions, or assistive aids. Fair housing law what is required of owner associations.
The fair housing amendments act fhaa was signed into law on september, 1988, and became effective on march 12, 1989. It expanded the original act to protect disabled people and families with children from discrimination as well. The person seeking the emotional support animal must have a verifiable disability the reason cannot just be a need for companionship. The fair housing act protects people from discrimination when they are renting. The fair housing act covers virtually all types of housing, including privately owned housing and federally assisted housing, with a few limited exceptions. This act and the amendments made by this act see short title of 1988 amendment note below shall take effect on the 180th day beginning. The fair housing amendments act of 1988 it is illegal to discriminate against any person because of race, color, religion, sex, handicap, the familial status or national origin.
Fair housing amendments act of 1988 how is fair housing. State and local fair housing laws cover additional groups, such as marital status. Fair housing challenges for senior housing providers robin. Like most important pieces of federal legislation, the fair housing act and the.
Under title viii of the civil rights act of 1968 the fair housing act, as amended by the fair housing amendments act of 1988, the housing for older persons act hopa, signed in to law in 1995 defines housing for older persons as housing intended and operated for occupancy by at least 80 percent of the community or one person 55 years of age. The amendments expand coverage of title viii to prohibit discrimi natory housing practices based on disability1 and. The fair housing amendments act fhaa was signed into law on september , 1988, and became effective on march 12, 1989. On february 17, 2016, complainant carden amended her. People with disabilities and families with children were added to the list of protected classes by the fair housing amendments act of 1988. According to federal law, it is unlawful to intimidate, threaten or interfere with any person in their pursuit or enjoyment of rights protected by the federal fair housing act of 1968.
Its coverage includes private housing, housing that receives federal financial assistance, and state and local government housing. The fair housing act amendments act of 1988 and group homes. The act amended title viii of the civil rights act of 1968, which prohibits discrimination on the basis of race, color, religion, sex or national origin in housing sales, rentals or financing. Hawaii revised statues which further expands the protection provided by state law. Amends the civil rights act of 1968 to include within the definition of discriminatory housing practice new prohibitions against coercion, intimidation. Fair housing amendments act of 1988 listed as fhaa. In very limited circumstances, the act exempts owneroccupied buildings with no more than four units, singlefamily houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, fair housing amendments act of section 1. Title viii of the act is the fair housing act of 1968. Where accommodations are designed to meet the physical and social needs of senior citizens, a business establishment may establish and preserve that housing for senior citizens, pursuant to section 51. For purposes of the fair housing act, a dwelling is defined as any building, structure, or any portion thereof. This act was amended by the federal fair housing amendment act of 1988 to make it illegal to discriminate in housing based on these factors. Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law as with the tafthartley act. It is the policy of the united states to provide, within constitutional limitations, for fair housing throughout the united states.
At ihcda we offer programs that assist hoosiers with making down payments, getting low interest rate loans and offering tax credits. Fair housing policy hawaii public housing authority. The fair housing amendments act of 1988 fha and section 504 of the rehabilitation act of 1973 504 protect the right of people with disabilities to keep emotional support animals, even when a landlords policy explicitly prohibits pets. The fair housing amendments act was signed by president reagan in september 1988, and became effective on march 12, 1989.
The goal of laws such as the fair housing amendments act of 1988 fha is to protect those with disabilities from being discriminated against by property owners. Additional protections apply to federallyassisted housing. Now it is unlawful to deny the rental or sale of a dwelling unit to a person because that person has a disability. The fair housing amendment act of 1988 was established to enforce harsher penalties for those who sale or rent property and discriminate against people who have disabilities. Neither the original fair housing act nor the 1974 amendments, however, prohibited discrimination against people with disabilities. The fair housing amendments act fhaa was signed into law on september, 1988 and became effective on march 12, 1989. The fair housing act of 1968 laid the groundwork that outlawed discrimination against buyers and tenants based on race, color, religion, sex and nationality the fair housing amendment acts of 1988 that we will be discussing here was the big update to this law. Fair housing amendments act of 1988 in plain english.
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