By Altaf Husain, MSW, LSW

30/01/2001

Read how a Muslim couple faced discrimination in their search for an apartment. Not wanting to enter what they thought would be a legal battle, the couple did not follow up after their experience.

Muslims, and all people, in the United States are protected by the Fair Housing Act which became a law over 32 years ago. The Act is broad, covering housing-related transactions including rentals, home sales, mortgage lending, homeowner's insurance, home improvement, and zoning. 

Andrew Cuomo, Secretary of the U.S. Department of Housing and Urban Development (known commonly as HUD) under the Clinton Administration, called out to Americans, saying, “Let’s put an end to housing discrimination in America.” In the November issue of the HUD newsletter, Best Practices 2000, he noted that “in America today – the greatest nation on earth – the fact remains that discrimination is still alive and well.” (As an update, Secretary of HUD nominee Cuban-American Mel Martinez of Florida is awaiting confirmation by the full senate.

Historically, the most obvious way to keep an individual or group of people out of a neighborhood was to deny them access to housing. Potential home owners and renters who have experienced such blatant discrimination can recall being told by real estate agents, in no uncertain terms, that they just were not welcome in a particular area. There are countless accounts of brave families venturing into an “unwelcome” neighborhood to buy or rent property – only to be threatened that they should leave or have their property damaged or, worse yet, be subjected to cross-burnings in their front lawns. 

Largely as a result of the Civil Rights Movement, although housing discrimination has not disappeared, it is not nearly as prevalent or as obvious as it used to be for at least two reasons: 1) People have been inundated with ideas such as “political correctness,” so that even if they are racist, they will exercise every precaution not to overtly express such feelings; and, 2) since victims of discrimination have become much more vocal, people fear being slapped with a lawsuit for alleged discrimination.

In the Market for Housing?

Before you engage in the process of renting an apartment or buying a home, it is critical that you familiarize yourself with the basics. It is important to know that the Fair Housing Act (FHA) prohibits housing discrimination on the basis of race, color, national origin, religion, sex (gender), familial status, or disabilities. 
Most of these categories are self-explanatory; however, familial status is defined on the HUD website as “including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18.” 

Don’t you wish there was actually a course you could take called Fair Housing 101? Well, there is. Help is available online, so before you look for housing, visit www.fairhousing.com , the site of the National Fair Housing Advocate Online (NFHAO). The mission of NFHAO is to serve as a “resource designed to serve both the fair housing advocacy community and the general public with timely news and information regarding the issues of housing discrimination.” Receiving partial funding from HUD, NFHAO provides fair housing news nationally, legal resources such as case databases, and access to other HUD resources. 
Avoiding the overuse of technical language, NFHAO clarifies for lay people the what, how, who, where and why of fair housing laws. 

According to the NFHAO, we must be careful about our discrimination claims. The NFHAO states that “for example, a landlord who fails to make repairs or otherwise live up to his obligations under a lease, or a real estate agent who commits a violation of state rules of agent ethics, may be acting "unfairly," but he is not in violation of the Fair Housing Act unless his actions (or failure to act) is discriminatory on one of the seven bases listed above (state and local fair housing laws may add further protected bases).” 

What To Do If You Face Discrimination

In the uneventful circumstance that you or someone else you know experiences housing discrimination, please fill out or direct them to fill out an electronic form at the HUD website, http://www.hud.gov/hdiscrim.html. While you have up to a year to file, it is recommended that you file as soon as possible after feeling you were discriminated against. The key piece of information is to document thoroughly the exact event you believe led to the alleged violation of your rights. Waiting too long to do so could cause you to omit critical details from your complaint. 

Readers are recommended to visit www.fairhousing.com become familiar with the process of filing a complaint and what happens after filing. If you need immediate help in dealing with an alleged violation, contact HUD by following the instructions listed above. 

Be informed. Be prepared. Take action before it’s too late.

Other Relevant Sites: www.hud.gov and  www.tenant.net

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