The federal Fair Housing Act, Title VIII of the Civil Liberty Act of 1968, was meant to secure the buyer/renter of a house from seller/landlord discrimination. The law was the result of a civil rights campaign against housing discrimination in the United States. It was approved, at the prompting of President Lyndon B. Johnson, just one week after the assassination of Martin Luther King, Jr.
. The Act is enforced by the United States Department of Housing and Urban Development.
HUD examines problems of housing discrimination based upon race, color, religious beliefs, national origin, sex, disability, or familial status. At no charge to you, HUD will explore the grievance and try to solve the matter with both parties. The process to submit a complaint is covered listed below.
NOTE: If you wish to learn more about your rights as a tenant in Kansas, read this Kansas Tenant Handbook. It was originally published by the Kansas company Housing and Credit Counseling, Inc. (HCCI), which assists people in Kansas with a variety of consumer issues.
Here is a video to show how the Fair Housing Act secures you from discrimination on the basis of LGBTQ status.
This video talks about discrimination in Idaho, however it likewise applies to Kansas and other states also. If you feel you have been a victim of housing discrimination because of LGBTQ status, you can get help from KLS online or call the application line at 316-267-3975. Or you can discover how to file a problem directly with HUD by going here.
What Housing Is Covered?
The Fair Housing Act covers most housing In many cases, the Act exempts owner-occupied buildings without any more than 4 units, single-family housing offered or leased without a broker, and housing run by organizations and private clubs that limit occupancy to members.
What Is Prohibited?
In the Sale and Rental of Housing: No one may take any of the following actions based upon race, color, national origin, religion, sex, familial status or handicap:
- Refuse to rent or offer housing
- Refuse to anticipate housing.
- Make housing not available
- Deny a residence
- Set various terms, conditions or opportunities for sale or rental of a house
- Provide different housing services or centers
- Falsely deny that housing is open for inspection, sale, or leasing
- For earnings, persuade owners to sell or rent (blockbusting) or
- Deny anybody access to or subscription in a center or service (such as a multiple listing service) associated 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, faith, sex, familial status or handicap (disability):
- Refuse to make a mortgage loan - Refuse to give info about loans
- Impose different terms or conditions on a loan, such as various rate of interest, points, or fees
- Discriminate in appraising residential or commercial property
- Refuse to buy a loan or
- Set different terms or conditions for purchasing a loan.
In Addition: It is unlawful for anybody to:
- Threaten, push, bully or hinder anyone applying a fair housing right or assisting others who work out that right - Advertise or make any declaration that indicates a cap or choice based upon race, color, national origin, faith, 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 somebody connected with you:
- Have a physical or psychological special needs (including hearing, movement and visual impairments, persistent alcohol addiction, persistent mental disorder, AIDS, AIDS Related Complex and psychological retardation) that significantly limits one or more significant life activities - Have a record of such a disability or
- Are considered as having such a special needs
Your landlord might not:
- Refuse to let you make practical modifications to your home or typical usage areas, at your cost, if needed for the disabled person to utilize the housing. (Where reasonable, the property owner may permit changes only if you accept restore the residential or commercial property to its original condition when you move.). - Refuse to make practical variations in rules, policies, practices or services if required for the handicapped individual to use the housing.
Example: A structure with a 'no pets' policy should allow an aesthetically impaired tenant to keep a guide pet.
Example: Let's state a house complex provides tenants ample, unassigned parking. They must honor a quote from a mobility-impaired occupant for a reserved space near her apartment if it is needed to ensure that she can have access to her apartment.
However, housing need not be made vacant to a person who is a direct danger to the health or security of others or who now uses controlled substances.
Requirements for New Buildings
In buildings that were ready for first use after March 13, 1991, and have an elevator and four or more systems:
- Public and common locations must come in handy to individuals with impairments. - Doors and corridors need to be broad enough for wheelchairs.
- All units should have: - An available route into and through the system.
- Handy light switches, electrical outlets, thermostats and other environmental protections.
- Reinforced bathroom walls to permit later fitting of grab bars and.
- Kitchens and restrooms that can be utilized by people in wheelchairs.
If a building with 4 or more units has no elevator and were prepared for first usage after March 13, 1991, these standards apply to ground flooring units.
These must-haves for new structures do not change anymore rigid standards in State or local law.
Housing Opportunities for Families
Unless a structure or neighborhood qualifies as housing for older individuals, it might not discriminate based upon familial status. That is, it might not discriminate versus households in which several kids under 18 cope with:
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- A parent. - An individual who has legal custody of the kid or children or.
- The designee of the moms and dad or legal custodian, with the moms and dad or custodian's written authorization.
Familial status protection also uses to pregnant females and anyone protecting 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 inhabited by senior individuals under a Federal, State or local government program or. - It is occupied exclusively by persons who are 62 or older or.
- It houses at least someone who is 55 or older in at least 80 percent of the occupied units. It should likewise adhere to a policy that shows an intent to house persons who are 55 or older.
A transition period allows citizens 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 actually been breached ... The U.S. Department of Housing and Urban Development (HUD), a Kansas or regional reasonable housing agency is ready to help you submit a grievance, or you can obtain legal assistance from KLS online or call the application line at 1-800-723-6953. Browse the web to HUD to discover how to file a grievance.
What to Tell HUD
- Your name and address. - The name and of the person your problem is versus (the respondent).
- The address or other description of the housing included.
- A short description of the supposed infraction (the event that triggered you to think your rights were violated).
- The date of the alleged infraction
Where to Write or Call:
Send a letter to the fair housing workplace closest you, or if you want, you might 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, fourth Floor,
Kansas City, KS 66101-2406
Telephone (913) 551-6958 or 1-800-743-5323
Fax (913) 551-6856
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TTY (913) 551-6972
E-mail: Complaints_office_07@hud.gov!.?.! Take a look at our pages on Resolving legal
barriers to employment and housing and Facts about record expungement in Kansas. Check out Tenant problems and rights for Kansas renters Plain text -No HTML tags permitted.- Lines and paragraphs break instantly.- Web page addresses and email addresses develop into links automatically.