The (Title VIII of the ) prohibits discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex or national origin. It was amended in 1988 by the Amendments Act to include

• expanded coverage which prohibited discrimination based on disability or on familial status (presence of child under age of 18, and pregnant women);

• established new administrative enforcement mechanisms with (HUD) attorneys bringing actions before administrative law judges on behalf of victims of ; and

• revised and expanded the jurisdiction in bringing suits on behalf of victims in .

With HUD expanded enforcement role beyond investigation and conciliation, it has resulted in new complaints that are investigated by the (FHEO). If a complaint is not successfully conciliated then FHEO will determine whether reasonable cause exists to believe that a discriminatory housing practice has occurred. The Housing and Urban Development will notify the complainant with the issuance of Determination as well as a Charge of Discrimination in cases where reasonable cause is found and a hearing is scheduled before a HUD administrative law judge. However, either party the complainant or respondent can terminate the HUD proceeding and opt to file a lawsuit and have it litigated in Federal Court. In that case, the Department of Justice will act as counsel for HUD and seek resolution for the aggrieved parties.

It was the landmark case of Co., 392 U.S. 409 (1968) that barred race as a factor in a rental or sale of property public or private. In this case the petitioner Joseph Lee Jones, a Negro filed a complaint in the District Court alleging that respondent a real estate company, Alfred H. Mayer Co. refused to sell him a home in a particular neighborhood because of his race and sought injunctive and other relief. The petitioner and his wife relied in part on , which provides that all citizens “shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.”

The District Court dismissed the complaint and the Court of Appeals affirmed the decision holding that Section 1982 applies only to state actions and does not reach private refusals to sell. The case was argued before the Supreme Court on April 1st and 2nd in 1968, with the question before the Justices being whether purely private discrimination unaided by any governmental action violates Section 1982 as well as to determine the scope and constitutionality of the Act of Congress under the .

The Court in siding with Jones determined that it was Congress intention in Section 1982 to prohibit all discrimination against blacks in the sale and rental of public and private property and the Thirteenth Amendment authorized Congress to “do more than merely dissolve the legal bond by which the Negro slave was held to his master; it gave Congress the power rationally to determine what are the badges and the incidents of slavery and the authority to translate that determination into effective legislation.�

Thus, Congress was acting within its scope in enacting legislation eliminating racial barriers in the sale or rental of private and public property.

It is important to note that although this writing focuses on HUD, there are many other forms of housing discrimination and depending upon the types of housing discrimination complaints may be filed with other federal, state and local government agencies.

If you believe that, you are the victim of housing discrimination, contact ¸£Àû¼§. in New York. We will review your claim thoroughly, providing you with an outline of possible actions you may wish to take. We are ready to be your voice for justice.

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The United States Department of Housing and Urban Development (HUD) is a government agency that oversees home mortgage lending practices. This department’s main objective is to make ensure that all citizens have access to affordable housing.

Housing Discrimination

The Department of Housing and Urban Development main goal is to ensure that all citizens have the right to purchase and own a house. It is illegal, under Federal law, to discriminate against an individual on the basis of his or her

• ethnicity or race
• skin color and facial features
• country of origin
• religious or spiritual beliefs
• political alignment or affiliation
• sex or sexual orientation
• familial or marital status
• physical disability

If you have encountered discrimination due to any of the factors listed above while attempting to acquire a home, you may be able to file a Housing Discrimination Complaint. Housing discrimination is a violation of your civil rights. Some examples of housing discrimination are:

• A landlord evicting a family that belongs to a racial minority, in favor of an incoming tenant, on the sole basis of the current occupant(s)’s race
• A homeowner refusing to sell a home to a family or individual because of the buyer’s religious or political beliefs
• A real estate developer telling a family that they are only allowed to purchase houses in a certain part of a housing subdivision or community, due to their ethnicity
• A real estate advertisement that indicates a preference or predisposition towards or against a certain race
• A landlord informing a family that belongs to a racial minority that they have no units available, despite accommodations actually being available
• A landlord disallowing the installation of a wheelchair-accessible ramp, at the renter’s expense, to facilitate the needs of a tenant who requires a wheelchair for transportation

The Fair Housing Act
The Fair Housing Act, passed in 1968, is designed to protect the rights of individuals who wish to purchase or lease a home. Under the Fair Housing Act, it is illegal for a landlord or seller to discriminate against individuals that belong to a group. The Act applies to landlords who rent or lease rooms or space in their own home, provided that their home includes accommodations intended for the lease of at least three independent families. The owner of a five-unit townhouse who also lives in the building would is subject to the Fair Housing Act; a homeowner renting out one spare room is not.

One of the primary objectives of the Fair Housing Act is to create a housing market where the background of an individual is not used to exclude them from the housing market.

Filing a Complaint
If you believe that you have been subjected to housing discrimination, you may file a complaint with the Department of Housing and Urban Development. Before filing a complaint, it may be a good idea to consult with a lawyer that handles discrimination cases.

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