Unpacking National Fair Housing Month

Every April, we commemorate National Fair Housing Month, celebrating the enactment of the Fair Housing Act on April 11, 1968. This celebration is interwoven with the memory of the Reverend Dr. Martin Luther King Jr. due to his significant contributions to the Civil Rights Movement, including his tireless advocacy for housing equality. A week after Dr. King's assassination, President Lyndon B. Johnson signed the Fair Housing Act into law, aiming to eradicate discrimination in housing activities, such as purchasing, selling, renting, or financing, based on specific protected attributes. The Department of Housing and Urban Development (HUD) holds the responsibility for enforcing this pivotal act.

Protected Groups Under the Fair Housing Act: The Fair Housing Act categorically prohibits discrimination based on:

• Race
• Color
• National Origin
• Religion
• Sex
• Familial Status
• Disability

The Act's protection is extensive, not only safeguarding individuals who possess these characteristics but also those who champion such causes. It is deemed unlawful to intimidate, threaten, or interfere with anyone asserting a fair housing right or aiding others in exercising this right, and it's also unlawful to retaliate against individuals who lodge a fair housing complaint or contribute to a fair housing investigation.

Understanding Prohibited Actions: The Fair Housing Act disallows a series of actions if prompted by any of the aforementioned protected characteristics. These prohibited actions include refusal to sell or rent housing, refusal to negotiate for housing, setting different terms or conditions for housing transactions, among others. Discriminatory practices such as "blockbusting," denying or limiting terms of homeowners insurance, and denying access to real estate organizations are also expressly forbidden.

The Fair Housing Act: Coverage and Exceptions: While the Act covers a majority of housing types, there are certain exceptions, including owner-occupied buildings with less than four units, single-family houses sold or rented without an agent, and housing operated by religious organizations and private clubs that restrict occupancy to members.

HUD's Fair Housing Initiatives: In 2019, HUD introduced a specialized campaign—"Call HUD: Because Sexual Harassment in Housing is Illegal"—to amplify its efforts in educating the public about sexual harassment and providing necessary resources. Throughout April, the "Humans of HUD" photoblog features victims of sexual harassment in housing, sharing stories of survivors and their allies.

Fair Housing Act and Mortgage Lending: A CrossCountry Mortgage Perspective: Beyond regulating housing, the Fair Housing Act imposes additional restrictions on mortgage lending. Actions such as refusing to make a mortgage loan, refusing to provide loan information, discriminating in appraising a dwelling, and refusing to purchase a loan based on protected characteristics are deemed unlawful.

Reporting Violations: HUD encourages recognizing and reporting violations, offering guidance through examples on its website. If you suspect that you have encountered mortgage lending discrimination, it is crucial to file a complaint with HUD.

For any questions about how the Fair Housing Act pertains to you, please fill out the form below or contact us at CrossCountry Mortgage today!