Real Estate Guide

Buying Your Home - Questions and Answers
'Fair Housing'

• What is the fair housing law as it applies in Ohio?
• What housing is covered by the fair housing laws?
• What is prohibited by the fair housing laws?
• Do you think your rights have been violated?
• Do fair housing laws apply to FSBOs

What is the fair housing law as it applies in Ohio?

"It is illegal, pursuant to the Ohio Fair Housing Law, division (H) of Section 4112.02 of the Revised Code and the Federal Fair Housing Law, 42 U.S.C.A. 3601, to refuse to sell, transfer, assign, rent, lease, sublease or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of race, color, religion, sex, familial status as defined in Section 4112.01 of the Revised Code, ancestry, military status as defined in that section, disability as defined in that section, or national origin or to so discriminate in advertising the sale or rental of housing, in the financing of housing, or in the provision of real estate brokerage services. It is also illegal, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry into the neighborhood of a person or persons belonging to one of the protected classes."

What housing is covered by the fair housing laws?

According to HUD - The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker and not otherwise offered for sale to the general public (i.e. newspaper or internet advertising), and housing operated by organizations and private clubs that limit occupancy to members.

What is prohibited by the fair housing laws?

1. In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status, military status (Ohio) or handicap (disability) :

   1. Refuse to rent or sell housing

   2. Refuse to negotiate for housing

   3. Make housing unavailable

   4. Deny a dwelling

   5. Set different terms, conditions or privileges for sale or rental of a dwelling

   6. Provide different housing services or facilities

   7. Falsely deny that housing is available for inspection, sale, or rental

   8. For profit, persuade owners to sell or rent (blockbusting) or

   9. Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
       

2. In Mortgage Lending: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status, military status (Ohio), or handicap (disability):

   1. Refuse to make a mortgage loan

   2. Refuse to provide information regarding loans

   3. Impose different terms or conditions on a loan, such as different interest rates, points, or fees

   4. Discriminate in appraising property

   5. Refuse to purchase a loan or

   6. Set different terms or conditions for purchasing a loan.
       

3. In Addition: It is illegal for anyone to:

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

   2. Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
       

4. Additional Protection if You Have a Disability
   1. If you or someone associated with you:

      1. Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities

      2. Have a record of such a disability or

      3. Are regarded as having such a disability
          

   2. Your landlord may not:

      1. Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)

      2. Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.

Do you think your rights have been violated?

HUD will help with any problem of housing discrimination. If you think your rights have been violated, the Housing Discrimination Complaint Form is available for you to download, or complete online and submit. You may also write HUD directly, or phone your closest HUD Office 1-800-669-9777. You have one year after an alleged violation to file a complaint with HUD.

• If You Are Disabled HUD also provides:
  1. A toll-free TTY phone for the hearing impaired: 1-800-927-9275.
  2. Interpreters
  3. Tapes and Braille materials
  4. Assistance in reading and completing forms

See Also >>

• Fair Housing Laws and Presidential Executive Orders

Do fair housing laws apply to FSBOs?

Yes! The Fair Housing Act prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. The law applies to private residential homes, any housing that receives Federal financial assistance, and State and local government housing.

Even if you are a "For Sale By Owner," it is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.

The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces.

The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.

Complaints of Fair Housing Act violations may be filed with the U.S. Department of Housing and Urban Development.