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Housing

The 14th Amendment of the Constitution of the United States provides, in part, that no State can "deny to any person within its jurisdiction the equal protection of the laws; nor shall any State deprive any person of life, liberty, or property..."

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FAIR HOUSING ACT. The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners’ insurance companies whose discriminatory practices make housing unavailable to persons because of:

 

  • Race or Color

  • Religion

  • Sex

  • National Origin

  • Familial Status

  • Disability

 

The Fair Housing Act also provides procedures for handling individual complaints of discrimination. Individuals who believe that they have been victims of an illegal housing practice, may file a complaint with the Department of Housing and Urban Development or file their own lawsuit in federal or state court. The Department of Justice brings suits on behalf of individuals based on referrals from HUD.

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). The Department of Housing and Urban Development (HUD) is the Federal agency responsible for national policy and programs that address America's housing needs, that improve and develop the Nation's communities, and enforce fair housing laws. HUD's business is helping create a decent home and suitable living environment for all Americans, and it has given America's communities a strong national voice at the Cabinet level. The Department of Housing and Urban Development plays a major role in supporting homeownership by underwriting homeownership for lower- and moderate-income families through its mortgage insurance programs.

 

The primary programs administered by the Department of Housing and Urban Development include:

 

  • Fair housing public education and enforcement.

  • Rental assistance in the form of Section 8 certificates or vouchers for low-income households.

  • Public or subsidized housing for low-income individuals and families.

  • Homeless assistance provided through local communities and faith-based and other nonprofit organizations.

  • Mortgage and loan insurance through the Federal Housing Administration.

  • Community Development Block Grants (CDBG) to help communities with economic development, job opportunities and housing rehabilitation.

  • HOME Investment Partnership Act block grants to develop and support affordable housing for low-income residents.

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FAIR HOUSING RIGHTS AND OBLIGATIONS

 

It is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance, or in other housing-related activities. The Fair Housing Act prohibits this discrimination because of race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability. A variety of other federal civil rights laws, including Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act, prohibit discrimination in housing and community development programs and activities, particularly those that are assisted with the Department of Housing and Urban Development (HUD) funding. These civil rights laws include obligations such as taking reasonable steps to ensure meaningful access to their programs and activities for persons with limited English proficiency (LEP) and taking appropriate steps to ensure effective communication with individuals with disabilities through the provision of appropriate auxiliary aids and services. Various federal fair housing and civil rights laws require HUD and its program participants to affirmatively further the purposes of the Fair Housing Act.

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