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HUD & FHA Glossary
Last updated on Feb 19, 2023
1 min read

What is the Fair Housing Act?

The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prevents discrimination on the basis of race, color, ethnicity, national origin, religion, gender, familial status, or disability during the home buying process. The Fair Housing Act is enforced by HUD’s Office of Fair Housing and Equal Opportunity (FHEO.)

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The Fair Housing Act and the HUD 221(d)(4) Loan Program

The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prevents discrimination on the basis of race, color, ethnicity, national origin, religion, gender, familial status, or disability during the home buying, leasing, or rental process. In 1974, sex was added as a factor that cannot be discriminated against, in 1988, disability was added, and in 2017, a federal judge ruled that sexual orientation and gender identity was another class protected by the Fair Housing Act. The Fair Housing Act is enforced by HUD’s Office of Fair Housing and Equal Opportunity (FHEO.)

To learn more about HUD multifamily construction loans like the HUD 221(d)(4) loan, fill out the form below and a HUD lending expert will get in touch. 

Related Questions

What is the purpose of the Fair Housing Act?

The Fair Housing Act, which was enacted as Title VIII of the Civil Rights Act of 1968, prevents discrimination during the home buying process on the basis of race, national origin, color of skin, ethnicity, religion, gender, familial status, or disability. In 2017, a federal judge ruled that sexual orientation and gender identity were also protected classes under the Fair Housing Act. The Fair Housing Act is enforced by HUD’s Office of Fair Housing and Equal Opportunity (FHEO).

The purpose of the Fair Housing Act is to prevent discrimination during the home buying process on the basis of race, national origin, color of skin, ethnicity, religion, gender, familial status, or disability. It also protects classes such as sexual orientation and gender identity.

What are the protected classes under the Fair Housing Act?

The Fair Housing Act, which was enacted as Title VIII of the Civil Rights Act of 1968, prevents discrimination during the home buying process on the basis of race, national origin, color of skin, ethnicity, religion, gender, familial status, or disability. In 2017, a federal judge ruled that sexual orientation and gender identity were also protected classes under the Fair Housing Act.

These protected classes are enforced by the US Department of Housing and Urban Development's (HUD) Office of Fair Housing and Equal Opportunity (FHEO).

What are the penalties for violating the Fair Housing Act?

Violations of the Fair Housing Act can result in civil penalties of up to $16,000 for a first violation and up to $65,000 for subsequent violations. In addition, violators may be subject to criminal penalties of up to $250,000 and up to one year in prison. The Department of Justice may also bring a civil action to enforce the Fair Housing Act and may seek monetary damages and civil penalties. Source

What are the differences between the Fair Housing Act and the Equal Credit Opportunity Act?

The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) prevents discrimination on the basis of race, color, ethnicity, national origin, religion, gender, familial status, or disability during the home buying, leasing, or rental process. In 2017, a federal judge ruled that sexual orientation and gender identity were also protected classes under the Fair Housing Act.

The Equal Credit Opportunity Act (ECOA) is a federal law that prohibits lenders from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because the applicant receives income from a public assistance program. The ECOA also requires lenders to provide applicants with the reasons credit was denied if the applicant is turned down.

The Fair Housing Act and the Equal Credit Opportunity Act are both federal laws that protect consumers from discrimination. The Fair Housing Act applies to the home buying, leasing, or rental process, while the Equal Credit Opportunity Act applies to credit applicants.

What are the requirements for landlords under the Fair Housing Act?

Under the Fair Housing Act, landlords must ensure that their properties meet certain accessibility requirements. This includes all buildings with 4+ units built for first occupancy after March 13, 1991. These buildings must have certain features that will make them adaptable for disabled residents, such as reinforced bathroom walls that can easily install grab bars near the toilet and shower. For more information, you can refer to HUD's Fair Housing Act Design Manual, HUD's Fair Housing Act Accessibility Guidelines, and HUD's Fair Housing Act Question and Answer Supplement. Additionally, landlords should not take any action to interfere with, threaten, or intimidate any renter or prospective tenant filing a Fair Housing Act-related complaint.

What are the remedies available to victims of housing discrimination?

Victims of housing discrimination may be entitled to a variety of remedies, including damages, injunctive relief, and attorney's fees. Damages may include actual damages, such as out-of-pocket expenses, and punitive damages. Injunctive relief may include an order to cease the discriminatory practice, an order to take affirmative steps to correct the discriminatory practice, and an order to provide access to housing.

The U.S. Department of Housing and Urban Development (HUD) is responsible for enforcing the Fair Housing Act. Victims of housing discrimination may file a complaint with HUD or with a state or local fair housing agency. HUD will investigate the complaint and may take action against the landlord or property owner. Victims may also file a lawsuit in federal or state court.

For more information, please visit the HUD website.

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