Free legal services in Washoe County, Nevada

Fair Housing: It's the Law!

• What is prohibited?
• Who must obey the Federal Fair Housing Law?
• What does it mean to disciminate on the basis of familial status?
• Is it ever legal to exclude persons or families with children from housing?
• Who is protected by the prohibition against discrimination toward the disabled?
  
• What rights do I have as a disabled renter?
• What are some examples of reasonable accommodations?
• Must apartment buildings be constructed so as to be accessible to persons with disabilities?
• What should I do if I think I have a fair housing complaint?
• Fair Housing links

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In 1968, Congress outlawed housing discrimination on the basis of race, color, religion, sex, and national origin when it passed the Federal Fair Housing Law as Title VIII of the 1968 Civil Rights Act. The Fair Housing Amendments of 1988 expanded the law to forbid discrimination on the basis of handicap and familial status. The amendments also strengthened the ability to enforce the Act.

What Is Prohibited?
In the sale and rental of housing one cannot

• refuse to rent or sell housing
• refuse to negotiate for housing
• make housing unavailable
• deny a dwelling
• set different terms, conditions or privileges is for the sale or rental of the dwelling

And in mortgage lending, one cannot:

• refuse to make a mortgage loan
• refuse to provide information regarding loans
• pose different term conditions on a loan
• discriminate in appraising property
• refuse to purchase a loan or
• set different terms or conditions for purchasing a loan

on the basis of race, color, national origin, religion, sex, familial status or handicap:

Moreover, it is illegal for one to

• threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise such rights or
• advertise or make any statement indicating a limitation or preference based on race, color, national origin, religion, sex, familial status or handicap.

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Who Must Obey The Federal Fair Housing Law?
Landlords, sellers, financiers or others involved in three (3) or more sales or rentals in the previous 12 months.

Rental agents, real estate agents, or sales agents involved in two (2) or more sales or rentals in the previous year.

Owners of buildings that can house five (5) or more families.

Owners occupying a dwelling of four (4) units or less where the owner advertises the availability of a unit in the dwelling.

Owners of single-family homes who use the services of a real estate broker, salesman or agent to sell or rent the home.

Owners of single-family homes who advertise for the sale or rental of the single-family dwelling.

Owners of dwellings paid for with the aid of loans, advances, grants or contributions made by the federal government, unless repaid in full prior to the enactment of the 1988 Fair Housing Amendments.

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What Does It Mean To Discriminate On The Basis Of Familial Status?
One cannot discriminate against families in which one or more children under 18 live with (1) a parent, (2) a person having legal custody, or (3) someone given written permission by the parent or illegal custodian. It is also illegal to discriminate against pregnant women or anyone securing legal custody of the child under 18.

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Is It Ever Legal To Exclude Persons Or Families With Children From Housing?
It is legal to discriminate on the basis of familial status in:

• state or federally subsidized housing designed to assist the elderly,
• housing intended and operated for occupancy by persons 62 and older,
• housing where the U.S. Department of Housing and Urban Development (HUD) has determined that significant services and facilities exist for older persons and at least 80% of the units are to be occupied by at least one person 55 and older.

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Who Is Protected By The Prohibition Against Discrimination Toward The Disabled?
You are protected if you:

• have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex or mental retardation) that substantially limits one or more major life activities,
• have a record of such disability or
• are regarded as having such a disability.

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What Rights Do I Have As A Disabled Renter?
Your landlord may not refuse to:

• let you make reasonable modifications to your dwelling or common use areas, at your expense, necessary for you to use the housing (where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move).
• make reasonable accommodations and rules, policies, practices or services necessary for you to use the housing.

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What Are Some Examples Of Reasonable Accommodations?
Example One: A building with a no pet policy must allow a visually impaired tenant to keep a guide dog.

Example Two: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment necessary to assure that she can have access to her unit.

Exception: Housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.

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Must Apartment Buildings Be Constructed So As To Be Accessible Persons With Disabilities?
Yes. In buildings ready for first occupancy after March 13, 1991, which have either an elevator or four or more units:

• Public and common areas must be accessible to persons with disabilities
• Doors and hallways must be wide enough for wheelchairs

All units must have:

• an accessible route into and through the unit
• accessible light switches, electric outlets, thermostats and other environmental controls
• reinforced bathroom walls to allow later installation of grab bars, and
• kitchen and bathrooms that can be used by people in wheelchairs

NOTE: if a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground floor units. These requirements for new buildings do not replace more stringent standards in state or local law.

The application of these laws is complex and you are advised to refer to the full text or have your lawyer do so prior to undertaking action.

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What Should I Do If I Think I Have A Fair Housing Complaint?
If you think you have been discriminated against here are some suggested actions:

Write down the name of the person, bank, real estate agency or housing complex that you believe discriminated against you and every detail you can remember about what happened, including dates and the exact words spoken to you.Keep copies of any rental or lease agreements or contracts of sales that you receive from the landlord, and real estate agent or lender. If you know anyone who received a different contract or agreement, and is willing to help, get a copy of that also.

Save copies of any utility or maintenance bills or receipts that you received concerning the property.

Retain the letters, notices or other correspondence with the landlord, real estate agent, or lender. Write down conversations with those persons and the dates you think they are discriminating against you.

Keep records of information you hear from others about the same property or the same lenders. This information may help to show a pattern of discrimination.

If you feel your fair housing rights have been violated, you may want to consult an attorney. If you do not know one or cannot afford one, you can call:

WASHOE LEGAL SERVICES, INC.
Truckee Meadows Fair Housing
650 Tahoe Street650 Tahoe Street
Reno, Nevada 89509-or-Reno, Nevada 89509
(775) 329-2727 (775) 324-0990
FAX: (775) 324-5509(775) 324-7507

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Fair Housing Links
The following web sites may provide additional information of assistance regarding the Fair Housing Law:

National Fair Housing Advocate Online
http://www.fairhousing.com/resources/index.htm

HUD
http://www.efn.org/~fairhous/eng/iyreng.htm

Disability Rights Advocacy Committee (NV)
http://pws.prserv.net/drac/

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