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The federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, was planned to safeguard the buyer/renter of a house from seller/landlord discrimination. The law was the outcome of a civil liberties campaign 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.
. The Act is implemented by the United States Department of Housing and Urban Development.
HUD analyzes problems of housing discrimination based upon race, color, religion, nationwide origin, sex, impairment, or familial status. At no cost to you, HUD will explore the problem and attempt to deal with the matter with both parties. The process to submit a problem is covered listed below.
NOTE: If you want to find out more about your rights as a renter in Kansas, read this Kansas Tenant Handbook. It was originally published by the Kansas firm Housing and Credit Counseling, Inc. (HCCI), which helps individuals in Kansas with a range of consumer problems.
Here is a video to demonstrate how the Fair Housing Act safeguards you from discrimination on the basis of LGBTQ status.
This video talks about discrimination in Idaho, but it also uses to Kansas and other states too. If you feel you have actually been a victim of housing discrimination due to the fact that of LGBTQ status, you can get help from KLS online or call the application line at 316-267-3975. Or you can learn how to submit a complaint straight with HUD by going here.
What Housing Is Covered?
The Fair Housing Act covers most housing Sometimes, the Act exempts owner-occupied buildings without any more than four systems, single-family housing sold or leased without a broker, and housing operated by companies and private clubs that limit tenancy to members.
What Is Prohibited?
In the Sale and Rental of Housing: No one might take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:
- Refuse to rent or sell housing
- Refuse to deal for housing.
- Make housing not available
- Deny a house
- Set various terms, conditions or benefits for sale or rental of a house
- Provide various housing services or facilities
- Falsely deny that housing is open for examination, sale, or rental
- For revenue, encourage owners to sell or lease (blockbusting) or
- Deny anyone access to or in a facility or service (such as a numerous listing service) associated to the sale or rental of housing.
In Mortgage Lending: No one may take any of the following actions based upon race, color, nationwide origin, religious beliefs, sex, familial status or handicap (disability):
- Refuse to make a mortgage loan - Refuse to give information about loans
- Impose different terms or conditions on a loan, such as different rates of interest, points, or fees
- Discriminate in evaluating residential or commercial property
- Refuse to buy a loan or
- Set different terms or conditions for purchasing a loan.
In Addition: It is illegal for anybody to:
- Threaten, coerce, bully or interfere with anyone using a reasonable housing right or helping others who work out that right - Advertise or make any statement that shows a cap or choice based on race, color, national origin, religious beliefs, 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 Special needs
If you or somebody connected with you:
- Have a physical or psychological impairment (consisting of hearing, mobility and visual problems, chronic alcohol addiction, persistent mental disorder, AIDS, AIDS Related Complex and psychological retardation) that considerably restricts one or more major life activities - Have a record of such an impairment or
- Are related to as having such an impairment
Your property manager might not:
- Refuse to let you make reasonable changes to your house or common use areas, at your expense, if needed for the disabled individual to utilize the housing. (Where rational, the property owner may allow changes just if you consent 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 handicapped person to utilize the housing.
Example: A structure with a 'no animals' policy should enable an aesthetically impaired occupant to keep a guide canine.
Example: Let's say an apartment complex uses occupants ample, unassigned parking. They need to honor a quote from a mobility-impaired occupant for a reserved area near her apartment if it is required to ensure that she can have access to her house.
However, housing need not be made uninhabited to an individual who is a direct risk to the health or security of others or who now uses prohibited drugs.
Requirements for New Buildings
In buildings that were all set for first use after March 13, 1991, and have an elevator and 4 or more systems:
- Public and typical areas must be useful to individuals with disabilities. - Doors and corridors need to be wide enough for wheelchairs.
- All systems should have: - An accessible route into and through the system.
- Handy light switches, electric outlets, thermostats and other environmental protections.
- Reinforced restroom walls to enable later fitting of grab bars and.
- Bathroom and kitchens that can be used by people in wheelchairs.
If a building with four or more units has no elevator and were ready for first use after March 13, 1991, these requirements use to ground floor units.
These must-haves for new buildings do not change anymore stringent requirements in State or local law.
Housing Opportunities for Families
Unless a building or community makes the grade as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate versus families in which one or more kids under 18 deal with:
- A parent. - A person who has legal custody of the kid or kids or.
- The designee of the moms and dad or legal custodian, with the parent or custodian's composed approval.
Familial status protection likewise uses to pregnant females and anybody protecting legal custody of a kid under 18.
Exemption: Housing for older individuals is exempt from the ban against familial status discrimination if:
- The HUD Secretary has actually decided that it is specifically created for and inhabited by seniors under a Federal, State or city government program or. - It is inhabited entirely by persons who are 62 or older or.
- It houses a minimum of one individual who is 55 or older in a minimum of 80 percent of the occupied units. It should likewise stick to a policy that shows an intent to house individuals who are 55 or older.
A transition period allows homeowners on or before September 13, 1988, to continue living in the housing, despite their age, without disrupting the exemption.
If you think your rights have actually been breached ... The U.S. Department of Housing and Urban Development (HUD), a Kansas or local fair housing company is ready to assist you submit a problem, or you can get legal help from KLS online or call the application line at 1-800-723-6953. Go on the internet to HUD to discover how to file a problem.
What to Tell HUD
- Your name and address. - The name and address of the person your complaint is against (the respondent).
- The address or other description of the housing included.
- A brief description of the alleged offense (the occasion that caused you to believe your rights were breached).
- The date of the alleged violation
Where to Write or Call:
Send a letter to the fair housing office closest you, or if you wish, you may call that office directly.
Great Plains Office-- Fair Housing Hub
U.S. Department of Housing and Urban Development,
Gateway Tower II, 400 State Avenue, Room 200, 4th 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!.?.! Take a look at our pages on Resolving legal
barriers to work and housing and Facts about record expungement in Kansas. Check out Tenant issues and rights for Kansas renters Plain text -No HTML tags allowed.- Lines and paragraphs break immediately.- Websites addresses and e-mail addresses develop into links automatically.