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The Fair Housing Act (Act or FHA) prohibits discrimination in the sale, rental, and financing of homes and/or apartments based on handicap, race, color, national origin, religion, sex, and familial status. The Act also makes it unlawful to threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right.
The FHA prohibits discrimination in many aspects of finding a home/apartment to either purchase or rent. Under the Act, it is unlawful for any persons to take any of the following actions on the basis of race, color, national origin, religion, sex, familial status or handicap: (1) refuse to rent or sell housing; (2) refuse to negotiate for housing; (3) make housing unavailable; (4) deny a dwelling; (5) set different terms, conditions or privileges for sale or rental of a dwelling; (6) Provide different housing services or facilities; (7) falsely deny that housing is available for inspection, sale, or rental; (8) for profit, persuade owners to sell or rent (blockbusting); or, (9) deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
Moreover, it is also unlawful to advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap.
It is unlawful for the following mortgage lending decisions to be made on the basis of race, color, national origin, religion, sex, familial status or handicap: (1) refuse to make a mortgage loan; (2) refuse to provide information regarding loans; (3) impose different terms or conditions on a loan, such as different interest rates, points, or fees; (4) discriminate in appraising property; (5) refuse to purchase a loan; or, (6) set different terms or conditions for purchasing a loan.
Persons having a physical or mental disability that substantially limits one or more major life activity or those regarded as being disabled are entitled to reasonable accommodations in the form of modifications their dwelling or common areas. Moreover, a reasonable accommodation may include modifications to the rules, policies, practices or services if necessary for the person to use the housing.
Other than certain housing for older persons, buildings or communities may not discriminate on the basis of familial status. Familial status refers to discrimination because of an adult's custodial/parental relationship to a child or children under the age of 18. This protection extends to pregnant women or persons securing legal custody of a child.
If you believe that your rights under the FHA have been violated, The Law Offices of Fausto E. Zapata, Jr., may be able to help you find the relief that you are seeking. In making your decision as to whether or not to pursue legal action, it is important to note that in addition to other forms of relief, the Act provides that successful plaintiffs may also recover punitive damages, actual damages, attorney's fees and costs. Call us at 212-766-9870 to speak to a lawyer about your case.
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