Terms in this set 26 the fair housing amendments act of 1988 extends antidiscrimination coverage to. The civil rights act of 1968, as amended by the fair housing amendment act of 1988, provides civil rights protection to applicants and tenants of rented or leased housing and purchasers of residential dwelling units. Fair housing act as amended title viii of the 1968. Be it enacted by the senate and house of representatives of the. Title viii of the civil rights act of 1968 fair housing act 24 cfr part 100 pdf file housing discrimination complaints. Amends the civil rights act of 1968 to include within the definition of discriminatory housing practice new prohibitions against coercion, intimidation. Congress passage of the fair housing amendments act fhaa in 1988 was a substantial victory for individuals with disabilities,1 a grow j. A transition period permits residents on or before september, 1988, to continue living in the housing, regardless of their age. The act amends title viii of the civil rights act of 1968, which prohibits discrimination on the basis of race, color, religion, sex or national origin in housing. The joint statement of the department of housing and urban development and the department of justice on reasonable accommodations under the fair housing act is attached below. Fair housing policy hawaii public housing authority. Enacted as part of the civil rights act of 1968 legislation, the fair housing act fha focused on housing discrimination on the basis of race, color, national origin, or gender. The fair housing amendments act of 1988 and housing discrimination against people with mental disabilities.
Like most important pieces of federal legislation, the fair housing act and the 1988 amendments act embody a series of careful compromises crafted by members of congress. Housing discrimination under the fair housing act hud. Its coverage includes private housing, housing that receives federal financial assistance, and state and local government housing. The fair housing act s nondiscrimination requirements extend to all dwellings except those covered by a specific exemption in the statute. The amendments expand coverage of title viii to prohibit discrimi natory housing practices based on disability1 and. The latest versions of adobe reader do not support viewing pdf files within firefox on mac os and if you are using a modern intel mac. Allegheny partners, llc does business in accordance with the fair housing amendments act of 1988 and the virginia fair housing law, which specifies that it is illegal to discriminate against any person in residential real estate transactions because of race, color, sex, religion, physical or mental handicap, familial status, age or national origin.
Fair housing amendments act of 1988 in plain english. The fair housing act amendments act of 1988 and group homes for the handicapped. The fair housing amendments act applies to the public use areas, the common use areas, and the individual apartments at a housing facility, regardless of whether it is privately or publicly owned. The animal is viewed as a reasonable accommodation under the fair housing amendments act of 1988 fha or fhact to those housing communities that have a. The fair housing amendments act was signed by president reagan in september 1988, and became effective on march 12, 1989. Allegheny partners, llc does business in accordance with. The act has three broad purposes in relation to persons with disabilities. A fair housing act fha, also known as the fair housing amendments act of 1988 for emotional support animals and service animals, is a federal law that states that any individual who is suffering from mental or physical disability and has an emotional support animal, cannot be turned away from housing even if there is a no pet policy. The person seeking the emotional support animal must have a verifiable disability the reason cannot just be a need for companionship. Despite these enhancements, the racial segregation americas housing markets continues. Section 504 of the rehabilitation act prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. Fair housing act as amended in 1988, 42 usc 3601 et seq. Fair housing amendments act of 1988 accessible housing.
Americans with disabilities act of 1990 title iiipublic. The fair housing amendments act of 1988 hereinafter fhaa or the. Understanding the fair housing amendments act 1 introduction the fair housing amendments act fhaa was signed into law on september, 1988, and became effective on march 12, 1989. Section 504 covers housing providers that receive federal financial assistance from the u. In 1988, congress passed the fair housing amendments act. Act represents the culmination of a tenyear effort to expand the federal gov ernments. The annotated versions of the code additionally provide helpful case citations and references to secondary sources. Nothing in the fair housing act this subchapter as amended by this act see short title of 1988 amendment note above limits any right, procedure, or remedy available under the constitution or any other act of the congress not so amended. Hawaii revised statues which further expands the protection provided by state law.
The fair housing amendments act fhaa was signed into law on september, 1988, and became effective on march 12, 1989. Study 15 terms chapter 16 fair housing flashcards quizlet. Under the 1988 amendments act, the definition of protected handicapped individuals includes. The act amended title viii of the civil rights act of 1968, which prohibits discrimination on the basis of race, color, religion, sex or national origin in housing. This document uses the term disability, which is more generally accepted. Refusal to sell or rent a dwelling to any person because of hisher race, color, religion or national origin.
Fair housing amendments act of 1988 establishes statutorily. Additional protections apply to federallyassisted housing. Amends the civil rights act of 1968 to include within the definition of discriminatory housing practice new. The fair housing amendments act fhaa was signed into law on september. Causes of the discrimination problem although approximately 40 percent of all american households include children. Everyone can agree that all hoosiers should have the opportunity to live in safe, affordable, goodquality housing in economically stable communities. Familial status, as it is defined in the fair housing amendments act of 1988, prohibits housing discrimination against. The fair housing act covers virtually all types of housing, including privately owned housing and federally assisted housing, with a few limited exceptions. Reasonable accommodations under the fair housing act hud. A bill to amend title viii of the act commonly called the civil rights act of 1968, to revise the procedures for the enforcement of fair housing, and for other purposes. The last major amendment to the fha was enacted in 1998, fair housing amendments act of 1988 pub. This includes housing subsidized by the federal government or rented through the use of section 8 voucher assistance. Emotional support animals and the fair housing act certapet.
Like most important pieces of federal legislation, the fair housing act and the. The fair housing act of 1968 laid the groundwork that outlawed discrimination against buyers and tenants based on race, color, religion, sex and nationality the fair housing amendment acts of 1988 that we will be discussing here was the big update to this law. The fair housing act protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housingrelated activities. After the federal fair housing amendments act in 1988 added handicap and familial status, the colorado act was amended to add familial status and to expand the definition of handicap to include both physical and mental. The fair housing amendments act fhaa was signed into law on september, 1988 and became effective on march 12, 1989. The goal of laws such as the fair housing amendments act of 1988 fha is to protect those with disabilities from being discriminated against by property owners. The fair housing amendments act fhaa was signed into law on september , 1988, and became effective on march 12, 1989. On february 17, 2016, complainant carden amended her.
It expanded the original act to protect disabled people and families with children from discrimination as well. Right to emotional support animals in no pet housing. The fair housing act prohibits discrimination in housing and housing related transactions because of disability. People with disabilities and families with children were added to the list of protected classes by the fair housing amendments act of 1988. The fair housing amendment act of 1988 was established to enforce harsher penalties for those who sale or rent property and discriminate against people who have disabilities.
For purposes of the fair housing act, a dwelling is defined as any building, structure, or any portion thereof. A parents or a legal guardian with dependent children b families or parents with custodial children under the age of 18 c a household unit where at least one member is over the age of 55 d children living with their. Candidate 2007, university of illinois college of law. The fair housing act covers virtually all types of housing, including privately owned housing and federally assisted housing. Fair housing and disability guide national fair housing. Department of housing and urban development office of fair housing and equal opportuni ty washington, d. The fair housing act protects people from discrimination when they are renting. Fair housing act the fair housing act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Since enactment of the 1988 amendments to the fair housing act, many mobile home parks have changed their status from an eighteen and older adult park, which is allowed under existing california law, but prohibited by the fair housing amendments act to a housing for older persons park in order to qualify for an exemption under the act. Our charge is to help communities build upon their assets to create places with ready access to. That includes individuals with special needs, restrictions, or assistive aids, which includes emotional support animals. The fair housing act amendments act of 1988 and group.
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