Who Does the Fair Housing Act Protect?

According to the US Department of Justice, the Fair Housing Act (FHA) prohibits discrimination by direct providers of housing, such as landlords and real estate companies. The FHA explicitly lists certain classes of people against whom it is illegal to discriminate against.

Under the FHA, it is illegal to discriminate based on the following categories:

  •         Race
  •         Color
  •         National Origin
  •         Religion
  •         Sex
  •         Familial Status
  •         Disability

Denver lawyerThese protected categories are more nuanced than they appear at first glance. The category of sex includes more than just gender; it also includes discrimination based on both gender identity and sexual orientation.

The category of familial status includes the presence of children and pregnancy of the prospective buyer/tenant, as well as marital status.

The category of disability includes but is not limited to physical impairments, mental impairments, chronic alcoholism (if it is being addressed through a recovery program), and HIV/AIDS.

The law also lists certain acts which are prohibited when used to discriminate against a protected class. These acts include, but are not limited to:

  • Refusing to sell, rent, or negotiate with someone for housing
  • To represent that a home is not available for sale, inspection, or rental when the home is in fact available
  • Making, printing, or publishing any notice, statement, or advertisement, with respect to the sale or rental of a home that indicates any preference, limitation, or discrimination based on a protected characteristic
  • Refusing to make reasonable accommodations to a disabled individual when such accommodations may be necessary to afford such a person full enjoyment of the property

The FHA is an expansive law that provides many protections in the purchase and rental of homes. Discrimination still happens in many places in the housing market. It is important to know your rights in such a situation.

If you are in need of a Denver Landlord Lawyer, call Baker Law Group today.

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