Protecting Your Rights What You Need To Know About Fair Housing Laws 2012

Protecting Your Rights: What You Need to Know about Fair Housing Laws SC Appleseed Legal Justice Center The South Carolina Appleseed Legal Justice Center is dedicated to advocacy for lowincome people in South Carolina to effect systemic change by acting in and through the courts, legislature, administrative agencies, community and the media, and helping others the same through education, training and co-counseling To find out more about SCALJC, go to http://www.scjustice.org on the Internet SC Appleseed Legal Justice Center Mission  The goal of this presentation is to teach you general information about your rights under Fair Housing laws  Because of time constraints, only the major points of the laws will be addressed  At the end of this presentation, you should have a better understanding about the laws that protect you from housing discrimination and what to if you think your rights have been violated SC Appleseed Legal Justice Center Disclaimer  This overview of Fair Housing law is for informational purposes only It is not meant to address a specific legal problem  If you have specific questions about a housing problem, you should contact a lawyer of your choice to get help SC Appleseed Legal Justice Center What Is the Fair Housing Act?  The federal Fair Housing Act (FHA) was made a law by Congress on April 11, 1968  It was part of the Civil Rights Act of 1968  After the Rev Dr Martin Luther King Jr.’s assassination on April 4, 1968, President Lyndon B Johnson urged Congress to pass the law In the years before King’s death, the law had been considered but did not have enough support to pass SC Appleseed Legal Justice Center What Is the Fair Housing Act?  The 1968 Fair Housing Act made it illegal to discriminate against people in most types of housing transactions because of their race, color, religion, or national origin  In 1974, gender was added to the list  In 1988, disability and familial status were added to the list (in the Fair Housing Amendments Act) SC Appleseed Legal Justice Center  What groups of people does the Fair Housing Act protect now? The FHA now protects people from being discriminated against in housing because of their        Race Color Religion Gender National Origin Disability Familial status SC Appleseed Legal Justice Center What is National Origin?  National origin means where someone was born, or where their parents, grandparents, etc were born  It may be hard to tell where a person was born, but there may be signs of his or her national origin, like an accent, that can lead to discrimination The FHA makes it illegal to discriminate in housing for that reason SC Appleseed Legal Justice Center  What groups of people does the Fair Housing Act protect now? The FHA now protects people from being discriminated against in housing because of their        Race Color Religion Gender National Origin Disability Familial status SC Appleseed Legal Justice Center What is Familial Status?  In general, familial status means whether or not there is a child under 18 in the household  It can also mean whether someone is pregnant, or getting legal custody or already has legal custody of one or more children under 18  Example: It would be illegal under the FHA to refuse to rent to someone just because he has legal custody of his grandchild who is 16 SC Appleseed Legal Justice Center Filing a Complaint  The South Carolina Human Affairs Commission can be reached at: South Carolina Human Affairs Commission Fair Housing Unit 2611 Forest Drive, Suite 200 P.O Box 4490 Columbia, SC 29204-4490 Toll-free number: 1-800-521-0725 SC Appleseed Legal Justice Center Filing a Complaint After your complaint is filed, it will be investigated Remember: It is your right to file a complaint if you think you have been discriminated against in housing In some cases, filing a complaint may help you delay in a discriminatory eviction or work out an agreement with the person who violated your rights SC Appleseed Legal Justice Center Filing a Lawsuit You can also file a lawsuit against someone who has discriminated against you in housing Depending upon whether the housing at issue is federally-funded or funded by a state or local agency, a Fair Housing Case might be filed in federal court (FHA) or state court (South Carolina Fair Housing law) SC Appleseed Legal Justice Center Filing a Lawsuit  Federal FHA   The federal FHA gives you two years to file a lawsuit against the person who discriminated against you The two years starts from the date that the discriminatory action happened South Carolina Fair Housing Law  The state FHA gives you one year to file a lawsuit against the person who discriminated against you The year starts from the date that the discriminatory action happened SC Appleseed Legal Justice Center Filing a Lawsuit In some cases, making an agreement during the complaint process may limit your ability to file a lawsuit In other cases, the complaint process may be ended once you file a lawsuit If you have a fair housing problem and think you may want to file a complaint or file a lawsuit on it, you should contact a lawyer as soon as you can to determine what course of action is best for your case SC Appleseed Legal Justice Center Other Federal Laws Available to Prevent Housing Discrimination  The Civil Rights Act of 1866  Executive Orders 11063 / 12892  Title VI of the Civil Rights Act of 1964  Equal Credit Opportunity Act SC Appleseed Legal Justice Center The Civil Rights Act of 1866  This was the first civil rights legislation passed by Congress  It was an attempt to enforce the 13th amendment, which outlawed slavery SC Appleseed Legal Justice Center The Civil Rights Act of 1866  Prohibits all racial discrimination, private and public, in the sale or rental of property  Applies to state and federal entities, as well as private individuals  Could apply in situations where the Fair Housing Act does not because provides no exemptions SC Appleseed Legal Justice Center Executive Order 11063 – Equal Opportunity in Housing  Signed by President Kennedy on November 21, 1962  Prohibits housing discrimination on the basis of race, color, religion, and national origin relating to property where the federal government is involved  Involvement includes being owned, operated, or financed in whole or part by the federal government SC Appleseed Legal Justice Center Executive Order 11063 – Equal Opportunity in Housing  Has been amended to cover genderbased discrimination, discrimination against families with children, and discrimination against people with disabilities  President Clinton signed Executive Order 12892, which strengthens the federal government’s commitment to protecting against housing discrimination SC Appleseed Legal Justice Center Title VI of the Civil Rights Act of 1964  Outlaws discrimination based on race, color, and national origin in any program or activity that receives federal financial assistance  Applies primarily to public housing SC Appleseed Legal Justice Center Equal Credit Opportunity Act  Prohibits creditors, like banks, from discriminating against applicants on the basis of race, color, religion, national origin, sex, marital status, age, or source of income  Applies to all aspects of a credit transaction SC Appleseed Legal Justice Center Additional Federal Laws Housing and Community Development Act of 1974  Prohibits discrimination in federallyassisted community development activities SC Appleseed Legal Justice Center Additional Federal Laws Section 504 and Title II of the Americans with Disabilities Act Give protections against discrimination for persons who are disabled  Section 504 covers public and federally subsidized housing  Title II of the ADA covers housing subsidized by state or local agencies  SC Appleseed Legal Justice Center If You Need Legal Help:  South Carolina Legal Services   Call LATIS at 1-888-346-5592 SC Bar’s Lawyer Referral Service  Call 1-800-868-2284 SC Appleseed Legal Justice Center