1. What is Fair Housing?

The U. S. Department of Housing and Urban Development (HUD) defines “fair Housing “as

• The ability of persons of similar income levels who are seeking housing

in similar housing markets and who have like qualifications, to have available

to them the same range of housing choices , regardless of race, color, religion,

national origin, sex, disability or familial status, the “protected” classes under

federal law. See Fair Housing Planning Guide-Volume(s) 1 & 2 , U. S. Department of

Housing and Urban Development-Office of Fair Housing and Equal Opportunity

• The State of California incorporates the federal definition and each of the federal

“protected “classes into its state fair housing laws and adds: sexual orientation;

marital status; source of income; age; ancestry; and arbitrary as “protected” individuals and

families.

2. What legal authority exists for enforcement of fair housing rights?

Federal

• 1st Civil Rights Act of 1866 -Guaranteed property rights to ALL citizens regardless of race.

• Fair Housing Act of 1968- Prohibits discrimination in housing on the basis of race, color, national origin, or religion; also prohibits violence, intimidation and harassment.

• Housing & Community Development Act of 1974- Adds sex (gender) to prohibited basis of discrimination.

• Fair Housing Amendments Act of 1988- Expanded coverage of FHA to prohibit discrimination in housing practices based on disability & familial status

California

• Unruh Civil Rights Act- Protects against discrimination by all business establishments in CA, including real estate offices, property management companies, homeowners’ associations, & public accommodations on the basis essentially the same as federally prohibited basis

• Fair Employment and Housing Act of 1963- prohibits discrimination based on age, sex, race, color, religion, ancestry, or national origin in the areas of employment & housing.

• Ralph Civil Rights Act- Prohibits acts of violence or intimidation by threat of violence against persons or property. Prohibits violence or threat of violence in rental housing situations, including houses, apartments, hotels, boarding houses, & condos.

• Other Related Housing Financial Discrimination Act of 1977- Financial institutions are prohibited from discrimination in financial assistance. Law prohibits refusal to lend based upon neighborhood characteristics (red-lining) & appraisals that are based upon neighborhood trends or changes in race, color, etc.