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Primer on Fair Housing Discrimination
The Cedar Rapids Civil Rights Commission (CRCRC), Iowa Civil Rights Commission (ICRC) and the Department of Housing and Urban Development (HUD) enforce federal, state and local fair housing laws which prohibit discrimination in the buying, selling, rental or enjoyment of housing because of race, color, national origin, religion, sex, disability or familial status (including children under the age of 18 living with parents or legal custodians, pregnant women and people seeking custody of children under 18).
In addition, the state of Iowa covers creed and the Cedar Rapids
Civil Rights Commission covers age and sexual orientation.
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Housing Discrimination laws
No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:
- The Fair Housing Act - Title VIII
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 housing operated by organizations and private clubs that limit occupancy to members.
- The Civil Rights Act of 1964 -- Title VII
- Section 504 of the Rehabilitation Act of 1973
- The Americans with Disabilities Act of 1990 -- Title II - ADA
- The Age Discrimination Act of 1975
- The Architectural Barriers Act of 1968
- Chapter 216 of the Iowa Code
Covers most housing. In some circumstances, the Iowa code exempts owner-occupied buildings with no more than two units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
- City Ordinance 2-99
Covers most housing. the Cedar Rapids municipal code exempts owner-occupied buildings with no more than two units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
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Prohibited Sale and rental Practices:
No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:
- Refuse to rent or sell housing
- Refuse to negotiate for housing
- Make housing unavailable
- Deny a dwelling
- Set different terms, conditions or privileges for sale or rental of a dwelling
- Provide different housing services or facilities
- Falsely deny that housing is available for inspection, sale, or rental
- For profit, persuade owners to sell or rent
(blockbusting)
- 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
- Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, creed, age, sexual orientation
or disability. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act
- Threaten, coerce, intimidate or interfere with anyone
exercising a fair housing right or assisting others who
exercise that right
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Prohibited Mortgage Lending Practices:
No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (disability), creed, age, and sexual orientation.
- Refuse to make a mortgage loan
- Refuse to provide information regarding loans
- Impose different terms or conditions on a loan, such as different interest rates, points, or fees
- Discriminate in appraising property
- Refuse to purchase a loan
- Set different terms or conditions for purchasing a loan
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Additional Protection If You Have a Disability
If you or someone associated with you:
- 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
- Have a record of such a disability
- Are regarded as having such a disability
Your landlord may not:
- 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.)
- Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.
Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.
More information on landlord-tenant issues may be found on the Iowa Legal Aid website
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Housing Opportunities For Families:
Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:
- A parent
- A person who has legal custody of the child or children
- The designee of the parent or legal custodian, with the
parent or custodian's written permission
Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.
Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:
- The HUD Secretary has determined that it is specifically
designed for and occupied by elderly persons under a
Federal, State or local government program
- It is occupied solely by persons who are 62 or older
- It houses at least one person who is 55 or older in at
least 80 percent of the occupied units, and adheres to a
policy that demonstrates an intent to house persons who are
55 or older
A transition period permits residents on or before
September 13, 1988, to continue living in the housing, regardless of
their age, without interfering with the exemption.
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YOU MAY BE A VICTIM OF HOUSING DISCRIMINATION IF:
- You found an advertisement for an apartment that sounded right for you. You called the number given and learned the apartment was still available. You scheduled an appointment and went right over. When you arrived in person, you were told, "Sorry, the apartment was just rented."
- When looking for a home to purchase, the real estate salesperson keeps showing you homes only within a particular neighborhood. The agent also makes statements such as, "We feel this area would be right for you," or "We’re sure you wouldn’t be happy in that neighborhood."
- You called about an apartment. When you told the manager that it was for you and your small child, the landlord replied, "This is a second floor apartment with a balcony. It just wouldn’t be a good place for a child.
- You are blind and have a guide dog, but the apartment manager won’t rent to you because of a "no pets" policy.
- You inquired about an apartment to rent and were quoted a higher rent or deposit that you know other tenants are expected to pay.
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What you can do:
Learn how to file a Housing Discrimination Complaint »
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New rental construction requirements
Requirements for buildings which were ready for first occupancy after March 13, 1991 with four or more units and with an elevator:
- Public and common areas must be accessible to persons with disabilities
- Doors and hallways must be wide enough for wheelchairs
- All units must have:
- An accessible route into and through the unit
- Accessible light switches, electrical outlets, thermostats and other environmental controls
- Reinforced bathroom walls to allow later installation of
grab bars
- Kitchens and bathrooms that can be used by people in
wheelchairs
Requirements for buildings which were ready for first occupancy after March 13, 1991 with four or more units and without an elevator:
- The above standards apply to ground floor units only.
These requirements for new buildings do not replace any more stringent standards in State or local law.
Chapter 216 of the Iowa Code and Cedar Rapids Ordinance 2-99
mirror the coverage of the Fair Housing Act at the state and local levels.
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Additional information
For Additional information on Fair Housing, filing a Housing Complaint
or to Request Fair Housing Training contact Fair Housing or Cedar Rapids Civil Rights Commission.
FHEO - HUD has their
public service announcements on Youtube and Facebook. Please
follow the links below:
http://www.youtube.com/user/Fairchild1
http://www.new.facebook.com/pages/Washington-DC/Federal-Housing-Administration-Department-of-Housing-and-Urban-Development/37437263955
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