Welcome to America, the land of opportunity. The country was built on freedom of expression, religion and equal rights for all. Unfortunately some of the population has not gotten the memo and are still actively and illegally discriminating against people in regards to the housing industry.
History of Fair Housing Act
Fair housing (AKA open housing) originally developed out of a 1960s movement to limit discrimination throughout all aspects of the housing industry. Prior to people speaking out, it was not uncommon for advertising, mortgage lending, homeowner's insurance and zoning to be based on superficial and unethical divisions such as skin color and religion. President Lyndon Johnson jumped on the bandwagon and in 1968, his efforts resulted in Congress passing the Fair Housing Act.
The laws were put on the books as a way to protect home seekers (renters or buyers) from becoming the victim of landlord discrimination with the ultimate goal of leveling the playing field in the housing market. The Fair Housing Act became Title VIII of the Civil Rights Act of 1968 and made it illegal to discriminate against individuals regardless of race, color, religion or nationality regarding the following activities:
- Buying a home
- Renting a dwelling
- Limit living privileges (like requiring a resident to use a special entrance or not being allowed to use common areas)
- Market properties based on preferences of types of people
- Bullying and trying to change the mind of prospective homebuyers or renters.
Housing Discrimination in 2010
Despite the laws there have been several cases of housing discrimination. Currently a Chicago couple is facing federal discrimination charges as they were recently charged with refusing to sell their home to a black couple.
The U.S. Department of Housing and Urban Development (HUD) are building a case against Daniel and Adrienne Sabbia, and their real estate agent Jeffrey Lowe. According to reports from Fox Chicago, the pricey home that would have qualified for a jumbo mortgage, was on the market for two years and a George Willborn and his wife, Peytyn Willborn, made a substantial bid on the home. The couple placed the highest offer of $1.7 million against the listing price of $1.799 million. At first the Sabbias accepted the bid, however during the contract signing, the couple refused to place their signatures on the final document. The case is now pending a court decision.
Unfortunately, that is not the only case of housing discrimination coming from Chi-Town. Those with children are also falling victim to the illegal practice. Rose Montgomery, her husband and four boys have recently experienced the wrath of rental discrimination. The family was first approved to be part of the locally based Show Homes Program, that places families in luxury homes while the owners try to sell the homes. Although the family was initially approved, the landlord rejected them in the face-to-face meeting because of the children.
The National Fair Housing Alliance has stated that discriminatory renting practices against household with children are the most common type of violation to the fair housing policies.
How to Handle Housing Discrimination
If you believe that you are a victim of housing discrimination, there are steps to take to defend your honor:
- Build a Case: When it comes to legal issues, it will be up to the plaintiff to provide the proof of the activity. Although newspapers can be held financially liable for publishing discriminatory ads, there are no such laws in place for online real estate listings. If you find one, printing it up and keeping it in your files along with any other documentation is crucial.
- Check out the Better Business Bureau (BBB): Thanks to First Amendment rights, chances are that those who have been slighted by a management company have filed a complaint with the BBB. If someone else has lodged a complaint regarding housing discrimination, that can be valuable evidence.
- Department of Housing and Urban Development (HUD): This is the government agency responsible for providing oversight of housing discrimination. They can connect you to the right representative and provide you with the proper forms.
Whatever you do, do not stop fighting the good fight to live out your version of the American Dream. As an American citizen you have rights and there are systems in place to make sure they are being followed.
