People with handicaps and families with children are now protected from housing discrimination as of March 12, 1989. Under the Fair Housing Amendments Act of 1988, these two new protected classes were added to the Civil Rights Act of 1968. The Civil Rights Act prohibits discrimination in the sale, rental or financing of housing based on race, color, religion, sex or national origin.
The Act defines a handicapped individual as one with a physical or mental impairment which substantially limits one or more major life activities. It also defines family statue as individuals under 18 years of age living with a parent or legal guardian.
It is now unlawful to refuse to permit, at the expense of the occupying handicapped person, reasonable modifications to property if the changes are necessary to provide for full enjoyment of the property. Additionally, property owners must make reasonable accommodations in their policies and practices to give the person equal opportunity to use the property.
Under the new amendments it is now also unlawful to discriminate against families with children in the sale, financing or rental of property. In addition, it is illegal to advertise or inform any person that a unit is not available because he or she has children in the household.
The 1988 Amendments clearly eliminate all adult-only apartment complexes, except for some housing for the elderly. Since all property must be made available to families with children on the same basis as they are made available to other individuals, a family with a child cannot be excluded. Similarly, this also prohibits age requirements for the residents.
An apartment complex, however, can establish reasonable occupancy requirements based on the number and size of the sleeping areas. For example, a one bedroom unit (depending on the size) could be restricted to two individuals as long as all property is made available on the same basis—such as two adults or one parent and one child. Therefore, if you would rent to two adults you would have to rent to an adult and child. Local ordinances may limit the maximum number of individuals that may occupy certain property.
The 1988 Amendments provide ways for administrative and judicial enforcement in handling cases that cannot be resolved informally. It also establishes financial penalties in cases where housing discrimination is found. Under the law, the Department of Housing and Urban Development (HUD) has the authority to investigate complaints alleging discrimination. If a violation is found, an administrative law judge can impose a civil penalty of up to $10,000 if the respondent has not committed any prior housing offense. The fine increases up to $25,000 for a second discriminatory practice in the past five years and up to $50,000 for three or more discriminatory practices within seven years.
Single individuals—rather than a real estate corporation—receive a $25,000 or $50,000 fine without regard to the time limits.
The Real Estate Commission provides this information to keep you informed of recent changes in federal civil rights law that affect you as licensees. Violations of this law can lead to the suspension or renovation of your real estate license.
For more specific information on the Fair Housing Amendments Act of 1988, contact the Department of Housing and Urban Development office nearest you or the North Carolina Human Relations Council.
This article was reprinted from the Ohio Division of Real Estate newsletter ~ permission of the Superintendent of Real Estate.