According to the National Fair Housing Alliance (NFHA), about 4 million housing discrimination cases are filed annually. This type of bias occurs when prejudice is shown against potential buyers or tenants based on their complexion, religious beliefs, nationality, status and more.
Despite increased education and globalization, this remains a rampant issue. Have you experienced any form of housing discrimination, and how were you able to detect it? Here are some common housing discrimination tactics you should know about and avoid as you make real estate plans.
- Discrimination against specific family units, especially those with kids
America’s fair housing laws emphatically state that families with children are supposed to be protected from any discrimination. By extension, the law spreads its wings to family units that have initiated an adoption process, provide foster care, or are single-parent households.
Regardless of the discrimination some families face, it’s crucial to gain more insight into using the law to your advantage. For example, if you’re divorced, widowed, or unmarried with kids, you’ll find it worthwhile to read more on how single-parents can afford to buy real estate. Everyone deserves to have a secure place to call home; so, whoever or whatever detracts that effort is in contradiction with the fair housing laws.
- Discrimination on race or nationality
Skin color discrimination has continually remained a sensitive topic for many years. Although it seems to have taken on a subtler approach, it’s still a major societal issue. In the real estate and housing industry, some landlords or sellers can be insensitive and even bold in declaring their prejudiced stance in selling a property to buyers of a particular race.
For example, after the 2010 census, officials reported that Massachusetts had many people of color in the cities. However, within the suburbs, the predominant race was Caucasians. Officials subsequently concluded that there had been an unfair housing unit distribution, which couldn’t have happened by chance. Additionally, some property brokers only allow you to see houses in neighborhoods where everybody else looks like you, an approach that appears subtle and overshadowed by the argument of community commonness and breeds vices such as racism.
- Housing discrimination due to a disability
Disability is a broad term with many conditions classified under this category. Contrary to popular belief, it doesn’t only describe persons who can’t use their limbs, are visually challenged, are hearing or voice impaired. On a broader scale, it includes persons with some health conditions such as epilepsy, alcoholism, drug abuse, or developmental issues. Fortunately, the US Fair Housing laws succinctly captures all these disability categorizations in three definitions:
- Long-standing physical or mental inhibitions that restrict daily activities
- A verifiable record of any such impairment which considerably limits life activities
- Others regard an individual as having any form of impairment that restricts their daily routines
From research conducted over the years, the fair housing law drafters believe that most landlords or sellers refuse persons with disabilities on various grounds. For example, some are unwilling to add essential disability features to the property as a cost-cutting measure. Even in situations where the buyer (with a disability) is willing to take up the cost, the selling owners may still refuse to let go of the property. Aside from making people feel discriminated against, such refusals can also lead to prosecutions. These lawsuits may lead to the offending party (seller or landlord) attracting as much as a $100,000 fine.
- Housing discrimination based on past drug use or a past conviction
Have you ever been asked to produce copies of your Criminal Offender Record Information (CORI) before getting a property? Such an experience may also be classified as housing discrimination. This type focuses on past criminal history, or a jail term served a long time ago. Even though a buyer or a landlord can access some reporting services that reveal your background, they must not request it from you directly as it’s illegal and unacceptable under Fair Housing laws and can result in sanctions.
Indeed, everyone should have the opportunity for a second chance which doesn’t exclude access to basic amenities such as housing. The guiding rule here is when the person involved has proven to be better than before and has consistently remained on the right side of the law. When faced with a scenario like this, you should seek the professional services of a licensed attorney with substantial experience in that regard. With your attorney, you can argue your case of being in no way a danger to others in the housing unit or within the neighborhood.
- Discrimination based on sexual orientation
The federal law is clear on discrimination based on sexual orientation. Described as an outright prohibition, nobody has a right to treat another person with a different sexual orientation from theirs unfairly. Even on the grounds of gender identity, these groups are protected equally. Therefore, a property owner who denies a buyer in this group access to property solely based on the above can face prosecution. The Fair and Equal Housing Act considers LGBTQ individuals as a ‘protected class.’
Across the United States, housing discriminations against this group takes the form of the following:
- Higher housing rates
- Outright denial of the property
- Indiscriminate evictions
A study discovered that heterosexual couples earned more favor (by 16%) in the housing industry than same-sex couples. For transgender groups, the situation is even direr. Fortunately, over the years, 27 states (as of March 2021) have taken up the task of banning such discriminations.
- Discrimination based on socio-economic status
This discrimination occurs when a realtor sets different qualification criteria for a property based on the perceived income status of buyers. As a flow-over effect, a seller will inflate the application costs, alter sale approval procedures or tamper with the application requirements. Again, some people do this to avoid dealing with groups they perceive as below the income bracket hoped for. This situation happens mainly because some sellers and realtors will stop at nothing to couch an upscale market for a particular location.
Unfortunately, when this happens, one of the tell-tale signs is discovering that only a particular group of highly-rated professionals live in a specific location. Interestingly, it’s not easy to detect this trend, especially when the real estate industry is segmented. The sector thrives on this market segmentation to cater to varied demands. However, this becomes fertile ground for some realtors to discriminate.
- Discrimination based on public assistance
According to the Fair Housing sector, some people are denied access to properties because they rely on external help, such as welfare, rental assistance, and medical assistance. Due to financial constraints, some people have no choice but to rely on vendor payments, which is accepted. However, some property owners may refuse because they don’t want payments facilitated through the Department of Transitional Assistance.
All of the discrimination listed above is unlawful – if you feel you are facing it, you should file a report with the National Fair Housing Alliance and look into other legal options.
Category: Mumbling MommyTags: housing discrimination
