According to the Fair Housing Act, citizens of America are protected from discrimination by civil laws. The Fair Housing Act was established in 1968 by the U.S. Department of Housing and Urban Development. The Act was amended in 1988, which greatly enhanced the HUD’s role in enforcement of the Act. One of the provisions in the Act declares that in most housing situations, renters or sellers cannot discriminate against potential renters/buyers because of race, gender, disability or familial status. The Act prohibits people from refusing to rent or sell housing or refusing to negotiate for the housing.
It also prohibits people from falsely denying that properties are available for rent or inspection because of the people inquiring. Under this provision, sellers/renters can’t set different terms or conditions for a sale or rental based on a person’s national origin, religion, sex, familial status or handicap. They can’t deny anyone access to membership in a facility or service or persuade owners or sellers to rent. With all of these provisions in place, the HUD is vigilant in making sure that they are followed all over the United States. The Fair Housing Act is supposed to make it possible for Americans of all walks of life to remain in safe and secure homes without the fear that a landlord will evict them at any time.
One of the sections in the Fair Housing Act has to do with parenting. Unless a building or community qualifies as housing for older persons, such as a residential facility or nursing home, where the atmosphere must be calm and quiet, then condominium, apartment, and community housing structures are not permitted to discriminate based on the amount of children in a household.
If one or more of the children are under 18, a landlord cannot deny that family rent or a sale. This applies to all parents, parents who have legal custody of children, and guardians or custodians. It also applies to any pregnant women who are planning to have a child while residing in the home/apartment. Recently, the Minnesota Condo Association went against this express right, and was denying families with children under 18 any possibility of renting a condo in certain complexes in the state. The Greenbrier Village Condominium III Association maintained a policy that prohibits any children from living in the building.
Their intention was to create a quiet, mature atmosphere for their tenants, but they were violating a very important rule. The HUD Assistant Secretary said in a press release that condo associations that don’t meet the federal requirements of nondiscrimination can be prosecuted. The condo complex in question did not meet the requirements for housing for older seniors. The instance will be taken to court soon where the HUD’s charge will be heard by a United States Administrative Law Judge. This judge may even award damages to the families who were affected by the discrimination.
They could receive up to $16,000 in compensation. The claim was filed by a couple who applied for a condo in the complex and was rejected because of their children. Other families have since stepped up to speak out about the discrimination. The matter may be decided in a federal court, and the Minnesota Condo Association faces the possibility of awarding punitive damages to those who were hurt by the denied applications. If you were denied residency at a condo complex, apartment building, or home because of your familial status, then you need to talk to a real estate attorney today. If that corporation is violating the Fair Housing Act, then you need to bring this to light and seek the justice you are entitled to by law.