Fair Housing

The Fair Housing Act of 1968 was adopted to safeguard against illegal housing discrimination. The Law protects a person's right to own, sell, purchase, or rent housing of his or her choice without fear of unlawful discrimination.

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What is "fair housing"?

• Fair housing is the umbrella term for laws and regulations that prohibit discrimination in the rental or sale of housing or in the provision of housing-related services.

• The goal of fair housing laws is to create housing markets that are free of discrimination.

• Fair housing laws ensure that you will not be prevented from choosing where you want to live because of illegal discrimination.

• Fair Housing laws protect you in many aspects of securing housing including advertising, mortgage lending, home insurance, rental applications and most interactions between landlords or property managers and tenants.

• Fair housing laws ensure that people with similar incomes in the same housing market have a similar range of choices available to them regardless of race, color, ancestry, national origin, religion, sex, disability, marital status, familial status, source of income, sexual orientation, age or any other arbitrary factor.

Who is regulated under fair housing laws?

Fair housing laws apply to just about everyone you work with in securing a home, including:

• People selling their home

• Real estate agents

• Mortgage and insurance companies

• Rental property owners and managers

What types of housing are covered under fair housing laws?

Most types of housing are covered under fair housing laws, including:

• Apartments

• Mobilehomes

• Transitional housing

• Senior housing

• Publicly assisted housing

• Single Family Home (as relates to the sale of a home)

What is prohibited in the sale or rental of housing under fair housing laws?

In the sale and rental of housing, in the vast majority of cases the law prohibits the following actions if based on race, color, ancestry, national origin, religion, sex, familial status, disability, sexual orientation, source of income, marital status, ancestry, or any other arbitrary factor:

• Refusal to rent or sell housing

• Refusal to negotiate for housing

• Making housing unavailable

• Denying a housing unit

• Setting different terms, conditions or privileges for sale or rental of a housing unit

• Providing different housing services or facilities

• Falsely denying housing is available for inspection, sale or rental

• Persuading owners to sell or rent (blockbusting) their homes

• Denying access to membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing

• Eviction

• Coercion or intimidation

• Rent increase

• "Steering" or persuading certain groups of people to live in certain areas

• Refusing to make a reasonable accommodation in rules or polices as needed to provide equal access to persons with disabilities

• Refusing to allow a person with a disability to make reasonable modifications, such as adding a wheelchair ramp or grab bars in the bathroom

Age discrimination is also prohibited in these sorts of situations except in housing specifically set up for seniors.

What is prohibited in mortgage lending under fair housing laws?

In mortgage lending, in the majority of cases the law prohibits the following actions if based on race, color, ancestry, national origin, religion, sex, familial status, disability, sexual orientation, source of income, marital status, ancestry, age, or any other arbitrary factor:

• Refusal to make a mortgage loan

• Refusal to provide information regarding loans

• Imposing different terms or conditions on a loan, such as different interest rates, points, or fees

• Discriminating in property appraisals

• Refusing to purchase a loan

• Setting different terms or conditions for purchasing a loan

Often, it is illegal to:

• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right

• Advertise or make any statement that indicates a limitation or preference based on race, color, ancestry, national origin, religion, sex, familial status, disability, sexual orientation, source of income, marital status, ancestry, age, or any other arbitrary factor

How do fair housing laws apply to families with children?

In the most cases, households cannot be discriminated against solely because they have children. Some exceptions include:

• Homes in which the landlord lives and only rents to one person

• Licensed senior citizen housing in which all residents are 62 years or older

• Licensed Federal or State programs specifically designed for seniors only

• Senior citizen housing designed and intended for older persons and in which 80% of the units have one person over 55 years old

• SRO's

What might be considered discrimination against families with children?

• Refusing to rent or sell a residence to families with children

• Treating families with children differently than other residents

• Charging higher security deposits or rent or requiring different lease terms

• Having different house rules for children or restricting them from using common spaces

• Employing overly restrictive rules concerning children

• Requiring families with children to live on certain floors or in a "kids building"

• Advertising an apartment complex as "adult only"

• Giving families with children different terms or conditions than other residents

What are some examples of discrimination against families with children?

• "I don't think your kids would like it here"

• "Our insurance doesn't cover renting to families with children"

• "Children cannot use the pool or club house"

• "I wouldn't feel comfortable renting to a toddler on the third floor"

• "There is an additional security deposit of $100 per child"

• "This is a quiet complex, we don't want children here"

• "It is not safe for your children because we don't have a fence around the pool"

• "Kids are only allowed to live in Building B"

• "Your son and daughter need separate bedrooms"

What is discrimination on the basis of "source of income"?

"Source of income" is defined as the legal, verifiable income paid directly to the tenant or their representative. Income types include:

• Social Security

• Supplemental Security Income

• AFDC

• CalWorks

• Unemployment insurance

• Veteran's benefits

• Pensions

• Wages

• Alimony

• Child support

It does NOT include income from illegal activities or income paid directly to the landlord, such as Section 8 vouchers.

You can be refused housing if you don't have sufficient income, however -

• Landlords, real estate brokers, home sellers, mortgage companies and banks may not refuse to work with you because of the (legal) source of your income

• They also cannot charge a higher deposit or treat you differently because of your source of income

What are some examples of discrimination based on "source of income"?

• "Two years of steady employment required"

• "I've found that people on CalWorks don't fit in well here"

• "Don't bother applying if you don't have a job"

• "We don't take people on SSI/Disability …etc."

How do fair housing laws apply to home day care centers?

• California Law is designed to make it easier to have a licensed day care at home

• Even if a business on the premises is not normally allowed, in the majority of cases, landlords and mobile home parks cannot refuse to rent to an applicant because they operate a licensed home day care center

• The law does not apply to unlicensed day care providers

• Landlords cannot increase the rent because a home day care center will be operated in the unit, but they can charge a higher deposit - as long as it remains in the amount allowable by law

• These laws do not apply to senior-only housing, where children may not be allowed to reside

What are some examples of discrimination based on having a legal home day care center?

• "We don't allow day cares to be run in this apartment building"

• "You will have to pay $500 extra rent if you want to run a day care in your apartment"

• "Your day care will put too much liability on the apartment owners"

• "The income from your day care will not give you a stable source of income"

• "The children will disturb the other tenants"

How do fair housing laws protect persons with disabilities?

Under fair housing laws in the majority of cases landlords cannot:

• Discriminate on the basis of a person's disability or perceived disability

• Refuse to let the tenant make "reasonable" modifications to their dwelling or common use areas, at the tenant's expense

• Refuse to make "reasonable accommodations" in rules, policies, practices or services, if necessary, for the tenant's full use and enjoyment of the residence

What are some examples of discrimination based on disability?

• "Can you live independently?"

• "No dogs allowed - not even your seeing eye dog"

• "Your wheelchair will make marks on the floor"

• "You can't install grab bars in the bathroom - it will mess up the room"

• "How often do you see your doctor?"

• "You can't put in a ramp, it won't look good on the building"

Who is covered under the fair housing disability guidelines?

Under fair housing laws a person is considered disabled if they:

• Have a physical or mental impairment that substantially limits one or more major life activities

• Have a record of having such an impairment

• Are regarded as having such an impairment

• Are a recovering alcoholic or recovering drug addict (current illegal drug users are not protected under the fair housing laws)

What are considered major life activities?

Under fair housing disability guidelines, major life activities may include:

• Caring for one's self

• Walking

• Seeing

• Hearing

• Learning

• Working

• Breathing

• Speaking

When is an accommodation in rules, policies or practices considered reasonable?

• If it is necessary to allow a disabled tenant to enjoy full use and enjoyment of the property

• If it is practical

• If it is not an undue financial or administrative burden for the landlord

• If it is not a fundamental alteration in the nature of the landlord's business

• If there is a direct relationship between the modification and the tenant's disability

If they have a physician's recommendation

What might be considered "reasonable accommodations"?

• Giving a mobility-impaired tenant a convenient parking space

• Allowing an in-home aide to move into a unit

• Allowing a sight-impaired tenant to have a service animal, even if the complex has a "no pets" policy

• Allowing the disabled tenant to mail their rent instead of paying in person

• Transferring a disabled tenant to the ground floor to allow them to avoid using stairs

Link to HUD Guidelines for Reasonable Accommodations Under The Fair Housing Act.

What might be considered a "reasonable" building modification?

Generally, tenants are required to pay for any physical modifications in a private housing building's structure; for subsidized housing, the sponsor would pay for the modifications.

Some examples of "reasonable" building modifications are:

• Lowering light switches

• Installing grab bars

• Installing an access ramp

• Widening doorways

What laws govern fair housing?

Federal fair housing laws prohibit discrimination in the sale, rental, lease or negotiation for real property based on race, color, religion, sex, national origin, familial status, and disability. California fair housing laws build upon the federal laws and add marital status, ancestry, sexual orientation, source of income, age, and "any arbitrary discrimination" as the protected categories under the laws.

Federal Law

The U.S. Department of Housing and Urban Development's (HUD) Office of Fair Housing and Equal Opportunity administers and enforces federal laws that govern discrimination in housing.

HUD's phone number is 1-800-347-3739

"Fair Housing Act" (Title VII of the Civil Rights Act of 1968)

Prohibits discrimination in the sale, rental, lease, financing or negotiations for housing accommodations and in terms, conditions, privileges, services or facilities in connection with housing, based on:

• Race

• Color

• National origin

• Religion

• Sex

• Familial Status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18)

• Disability (includes mental disability, alcoholism, and drug addiction not resulting from current abuse of controlled substances)

Link to the Fair Housing Act

Link to other Federal Fair Housing Laws

California Laws

The California Department of Fair Housing and Employment (CDFHE) enforces State laws that cover discrimination in housing.

CDFHE's phone number is 1-800-233-3212.

Link to California State Department of Fair Housing and Employment

California's Fair Employment and Housing Act and Unruh Civil Rights Act extend the Federal Fair Housing Act to cover:

• Marital status

• Ancestry

• Sexual orientation - includes persons who are homosexual, bisexual or heterosexual

• Age

• Source of income

• Color

• Extends "disability" to cover temporary medical conditions

Provisions of the laws include:

• Defining harassment as a specific type of discrimination

• Coverage of discrimination against persons perceived as having a protected characteristic, or are associated with another person who has, or is thought to have, any of the protected characteristics

• The prohibition of income requirements for rental units that considers the combined income of persons who are living together or plan to live together, differently than the combined income of a married couple

• The prohibition of income requirements for tenants on rent that will be paid for by a government rent subsidy

California Civil Code Sections 54-54.3

• Prohibits discrimination against persons with disabilities in housing.

• Provides individuals who are blind, visually impaired, hearing impaired, or otherwise disabled the right to use and keep at a housing unit a guide dog, signal dog or service dog.

• Prohibits refusing to rent to a person with a disability because they are partially or completely dependent upon the income of their spouse, if the spouse is a party to the rental agreement.

• Allows visually impaired, hearing impaired, or individuals with another disability, as well as persons authorized to train guide, signal and service dogs for individuals with a disability, to bring the dogs to their homes in order to train them. No extra fee or security deposit can be charged for the dogs, but individuals must pay for any damages.

Fair Housing Information for New Developments

Multi-family housing with four or more units in a building, in the vast majority of cases must meet the accessibility requirements of the Fair Housing Act if built after March 13, 1991.

• Accessibility Requirements for Buildings - http://www.hud.gov/offices/fheo/disabilities/accessibilityR.cfm

• HUD Fair Housing Act Design Manual - http://www.huduser.org/publications/destech/fairhousing.html

• "Fair Housing Accessibility First Website" - http://www.fairhousingfirst.org/index.asp

Zoning activities are also covered under fair housing laws:

• Link to information on the Fair Housing Act as it relates to Group Homes and Local Land Use

Additional HUD Fair Housing Information

• HUD Office of Fair Housing and Equal Opportunity

• HUD Fair Housing quiz

• HUD's Response to Concerns About Housing Security Following September 11, 2001

• HUD information on Fair Housing as it relates to Senior Housing

Whom can you contact for assistance If you think you might have been illegally discriminated against in housing -?

Bay Area Legal Aid - Bay Area Legal Aid provides free legal services to low-income people in seven Bay Area counties. The San Jose office is located at 2 West Santa Clara Street, 8th Floor, San Jose, CA 95113. The contact phone number is 408-283-3700 and website address is http://www.baylegal.org/.

Legal Aid Society of Santa Clara County - This organization provides free legal assistance in the area of housing discrimination. They are located at W. Robert Morgan Legal Services Center, 480 N. First Street, P.O. Box 103, San Jose, CA 95100103. The contact phone number is 408-998-5200 and website address is http://www.legalaidsociety.org/.

The San Jose Fair Housing Consortium - The San Jose Fair Housing Consortium is comprised of three agencies: Asian Law Alliance, Fair Housing Law Project, and Project Sentinel. The Consortium provides a comprehensive continuum of fair housing services to prevent housing discrimination in San Jose and to take action when it occurs. They are located at 111 W. St. John Street, Suite 315, San Jose, CA 95113. Their phone number is 408-277-HOME.

Project Sentinel - Project Sentinel investigates complaints of fair housing discrimination. They are located at 430 Sherman Ave, Suite 308, Palo Alto, CA 94306 and can be reached at toll tree - 888-324-7468. The website address is http://www.housing.org/.

Fair Housing Law Project (FHLP) - FHLP provides free legal assistance and counseling to people who have experienced discrimination in housing. They are located at 111 W. St. John Street, Suite 315, San Jose, California 95113 and can be reached at 408-280-2435. The website addres is http://www.lawfoundation.org/fhlp_overview.shtml.

Asian Law Alliance - Asian Law Alliance provides multilingual legal services to low-income persons in Santa Clara County. Fluent languages - Vietnamese, Laotian, Cantonese and Mandarin in addition to English. They are located at 184 Jackson Street, San Jose, CA 95112 and can be reached at 408-287-9710.

City of San Jose Housing Department
Fair Housing Coordinator
Jessica Scheiner
200 East Santa Clara Street T-12, San Jose, CA 95113
408-975-4417

City of San Jose Fair Housing Documents

Analysis of Impediments to Fair Housing Choice