Fair Housing, Discrimination, and Housing Issues

Fair housing is the right of all residents of this country to live "where the heart desires and the means permit." Where we live has an impact on every aspect of our lives from access to employment to education for our children.

When segments of the population are denied housing opportunities, they are also denied equal access to schools, public transportation, areas of businesses and other services. In effect, it is denying victims of discrimination an equal opportunity in life. The Fair Housing Act of 1968 and its subsequent amendments, as well as certain state and local laws, protect people from being discriminated against based on race, color, sex, disability, religion/creed, familial status, national origin, age, military status, marital status, sexual orientation, gender identity and expression, and lawful source of income.

Everyone belongs to a protected class. Fair housing laws protect us all, whether we are renters, buyers, sellers, or homebuyers, and they are in everyone’s best interest. The FHA and other state and local laws outlaw discrimination in the sale, rental, negotiation, and financing (such as lending) of housing units.

Despite the brave and tireless work of those before us, and despite the passage of various laws protecting civil rights, discrimination persists. Today, it is often done with a “handshake and a smile,” but it continues to limit the options of good tenants looking for housing within their means. HOME processes about 200 housing discrimination caseseach year. Sadly, these numbers do not represent all instances of discrimination in WNY; oftentimes, people do not file complaints because they have come to accept discriminatory treatment as “the norm,” they are afraid of retaliation, they are unaware of their rights, or they don’t know where to turn.

The language of housing discrimination can be clear, such as: "We don't rent to your kind of people." Or: "I don’t want you here because you are pregnant.” Or: “I won't rent to you because your kids could fall off the balcony and you can sue me." However, more often discrimination is hidden in language like this:

• "I don't think you would be happy in this neighborhood."
• "We don't have any listings for you now."
• "In the winter, this place costs a fortune to heat!"
• "Sorry, that apartment was just rented. I doubt we will have anything available soon."
• "With young children, would you feel safe living on a busy street like this?"

Fair Housing laws also make the following actions illegal:

• To steer people to different housing opportunities.
• To publish advertisements or make statements which discriminate (for example, ads that state "no children" or "great for students").
• To ask questions or record information about an applicant's race, disability, age (date of birth), etc.
• To deny housing because of one's membership in a protected class (for example, a landlord saying that the building is not equipped for disabled tenants).
• To pretend housing is not available.
• To discriminate in the terms and conditions of a sale or rental (for example, charging different rents to people for the exact same housing unit).
• To refuse to allow a disabled person the right to make "reasonable modifications" to the dwelling to make it easier to live (for example, putting grab bars in the bathroom).
• To refuse to make "reasonable accommodations" in the policies or procedures of the housing unit to make it easier for the disabled person to live (for example, allowing a person to pay rent in midmonth because that is when a social security check comes in).
• To sexually harass tenants in any way (for example, asking for sexual favors in return for repairs or rental discounts).
• To block-bust neighborhoods due to a member of a protected class moving into the neighborhood (for example, group homes moving into the area resulting in other residents selling their homes for fear that property values will fall).