Fair Housing Laws
Title VIII of the Civil
Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in
the sale, rental, and financing of dwellings, and in other housing-related
transactions, based on the race, color, national origin, religion, sex,
familial status (including children under the age of 18 living with parents of
legal custodians, pregnant women, and people securing custody of children
under the age of 18) or disability of those seeking housing. It also forbids
retaliation.
These fair housing laws protect the right of each home seeker
to equal opportunity and treatment in the purchase, sale, rental, leasing,
financing, insuring and advertising of housing.
It is unlawful for a real estate operator, broker, or sales
agent:
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To refuse to sell, rent, lease or exchange real property for
discriminatory reasons.
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To refuse to receive or transmit good faith offers to
purchase or rent.
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To deny any services or facilities relating to real property
transactions.
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To represent that real property is not available for
inspection, sale or rental when in fact it is.
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To retain a listing with the understanding that the seller
plans to discriminate.
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To discriminate in the terms or conditions of sale or
rental.
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To engage in the tactics and practices of panic-selling; to
represent that the racial composition of a neighborhood may change or that
property values may lower; or make similar false and misleading statements.
It is unlawful to coerce, intimidate, threaten, or
interfere with any person in the exercise or enjoyment of any housing rights.
It is unlawful for a financial institution:
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To discriminate in granting, rates, terms, conditions or
services of financial assistance in real estate transactions.
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To discriminate in the making or purchasing of loans.
It is unlawful for an insurance agent:
It is unlawful for a multiple listing service/real estate
organization to:
Housing Discrimination Still Exists
Despite a wide range of housing opportunities throughout
Kansas, the doors of homes, apartments, mobile homes and condominiums are
closed to many citizens because of illegal discrimination. Complaints to the
Kansas Human Rights Commission and the
U.S. Department of
Housing and Urban Development (HUD) indicate that discrimination is a
common practice, frequently undetected by homeseekers who are unlawfully
denied access to housing.
Warning Signs of Housing Discrimination
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Refusing to sell, rent or show available housing
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Only showing housing in areas of minority concentration
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Harassment or intimidation
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Housing advertisement with discriminatory statements or
displaying no minorities in group scenes
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Differing terms for identical dwellings
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Extensive questioning prior to offering or providing
information about the availability of housing
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Being told the dwelling is not appropriate for your family
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Terms or availability change between phone contact and visit
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You are not contacted after acceptance of your application
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Dwelling has an available sign but you are told it is not
available
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Refusing to make a reasonable accommodation or allow a
modification to make the dwelling accessible for a person with a disability
What Kinds of Housing is Covered?
Real Property, (home, apartments, lots, etc.) rented or sold,
whether by or through a real estate broker, sales agent or operator or
directly by the owner (see Exemptions below).
Circumstantial
Exemptions
The rental of an owner-occupied duplex or one room in a
private home; the sale of property without help from a real estate dealer and
without public advertising; and rental of church-owned housing to the extent
of giving preference to that religion.
Refusal to rent on the basis of sex if: a single sex
dormitory; the landlord chooses not to rent to unmarried couples; or the
landlord rents fewer than 10 units or to fewer than 10 persons in an owner
occupied facility; it can be demonstrated that gender-based exclusions are
necessary for reasons of personal modesty or privacy.
Refusal to rent on basis of familial status if: Housing
is intended as housing for older persons; occupants 62 years of age or older;
or 80 percent of all units in the facility have occupants 55 years of age or
older and special services for older persons are provided.
Who is Subject to the Fair Housing Laws?
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Real Estate operators, brokers and agents
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Savings and Loan associations, mortgage lenders, banks, or
other financial institutions
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Apartment housing agents
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Builders, contractors and developers
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Owners of building lots
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Advertising media
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Homeowners advertising and selling their own home
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Multiple listing services and/or real estate related
organizations
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Insurers and agents
Enforcement
The Urban League of Wichita investigates the claim and
forwards it to the Fair Housing Office of the U. S. Department of Housing and
Urban Development (HUD) which:
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Receives complaints that must be filed within one year of
the alleged discrimination.
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Investigates within 120 days the complaints and determines
whether discrimination has occurred.
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Attempts to eliminate discriminatory acts through
conference, persuasion and conciliation
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Enters into conciliation agreements which are enforceable in
court
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Holds public hearings on complaints where discrimination has
occurred if conciliation attempts fail
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Issues court-enforceable cease and desist and affirmative
action orders
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Assesses damages and/or civil penalties when appropriate.
Immediate Help
If you need immediate help to stop a serious problem that is
being caused by a Fair Housing Act violation, HUD may authorize the Attorney
General to go to court to seek temporary or preliminary relief, pending the
outcome of your complaint if:
Example: A builder agrees to sell a home, but after
learning the buyer is black, fails to keep the agreement. The buyer files a
complaint with HUD and HUD may authorize the Attorney General to go to court
to prevent a sale to any other buyer until HUD investigates the complaint.
What Happens After a Complaint Investigation?
If, after investigating your complaint, HUS finds reasonable
cause to believe that discrimination occurred, it will inform you. Your case
will be heard in an administrative hearing within 120 days, unless you or the
respondent want the case to be heard in Federal District Court. Either way
there is no cost to you.
The Administrative Hearing
If your case goes to an administrative hearing, HUD attorneys
will litigate the case on your behalf. You may intervene in the case and be
represented by your own attorney if you wish. An administrative Law Judge (ALJ)
will consider evidence from you and the respondent. If the AJL decides that
discrimination occurred, the respondent can be ordered:
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To compensate you for actual damages, including humiliation,
pain and suffering.
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To provide injunctive or other equitable relief, for
example, to make the housing available to you.
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To pay the Federal Government a civil penalty to vindicate
the public interest. The maximum penalties are $10,000 for a first
violation and $50,000 for a third violation within seven years.
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To pay for reasonable attorney’s fees and costs.
Federal District Court
If you or the respondent choose to have your case decided in
Federal District Court, the Attorney General will file a suit and litigate it
on your behalf. Like the ALJ, the District Court can order relief and award
actual damages, attorney’s fees and costs. In addition, the court can award
punitive damages.
Sedgwick County Housing Department partners with the Urban
League of Wichita, a HUD approved and funded Fair Housing Education and
Outreach agency. We refer all families who believe they have encountered
housing discrimination on the basis of race, sex, color, religion, national
origin familial status or disability to this agency with the following
directions:
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Record your experiences in writing including your name and
the names of other individuals involved, and the person or persons to whom
the complaint is directed (the respondent.)
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Make a written log of all significant conversations
including names, dates, times and addresses as well as any incidents that
may indicate the alleged violation.
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Keep copies of any allegedly discriminating advertisements,
letters or other relevant information.
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Call and make an appointment and take your documentation to
the Fair Housing staff at the Urban League of Wichita.
Contact Information
Sedgwick County Housing Department
604 N Main, Suite E
Wichita KS 67203
Phone: (316) 383-7148
Fax: (316) 383-8271
The Urban League of Wichita
1802 E 13th Street
Wichita KS 67214
Phone: (316) 262-2463
Toll Free: (877) 520-7751
U.S. Department of HUD
Kansas City Fair Housing Office
Gateway Tower II
400 State Avenue
Kansas City, KS 66101-2406
Toll Free: (800) 743-5323
©, Copyright, 2003 Sedgwick County Housing Department
last update:
04/02/04
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