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Consumer's Guide Homeowners Insurance Persons with Disabilities

*Housing providers, please see the Provider guide.

Consumers Guide to Fair Housing

Introduction  
Title VIII of the Civil Rights Act of 1968 as amended is known as the Fair Housing Act. The Fair Housing Act makes it illegal to discriminate in any type of housing related transaction on the basis of race, sex, religion, national origin, color, if you have children under the age of 18, or if you are disabled. In Pennsylvania it is also illegal to discriminate against anyone age 40 or above. The Fair Housing Council of Suburban Philadelphia wants you to know how to recognize the signs of housing discrimination.

Types of Housing Transactions Covered by the Act  
Rental housing, sales, mortgage lending, homeowners insurance, and appraisals are covered by the Fair Housing Act.

Type of Housing Not covered by the Act  
Buildings of four or less apartments where the owner lives in one of the apartments. As long as the owner does not use the services of a real estate professional and does not advertise illegally, then they are exempt from the Fair Housing Act.

Exemptions to the Act  

• Housing run by religious organizations and private clubs that limit occupancy solely to members, as long as the organization does not discriminate based on race.
• Qualified senior citizen communities are exempt from the families with children portion of the law. These communities must fit into one of two categories: either 100% of the occupants are 62 or older or 80% of all occupied units must have at least one person age 55 or older.

Housing Issues Related to Persons With Disabilities  
Under the law, a disability is defined as a physical or mental impairment that substantially limits one or more of a person's major life activities. This includes wheelchair users, those who are visually impaired, those limited by emotional problems, mental illness, or retardation, recovering alcoholics, recovering drug addicts, difficulties associated with aging, or those suffering from HIV/AIDS. It does not apply to the illegal use of, or addiction to illegal drugs.

Reasonable Accommodation: a change in rules, policies, or practices so that a person with a disability can enjoy the property in the same way as everyone else. A landlord must allow a handicapped parking space for a person with a disability even though everyone else must park on a first come first served basis; or a landlord must allow a person with a visual impairment to have a guide dog even though they have a "no pets" policy. If there is a reasonable solution to your special need then you have the right to request a "reasonable accommodation."

Reasonable Modification: a change in the physical premises so that a person with disabilities can enjoy the property in the same way as everyone else.

The installation of a ramp to your front door or the installation of grab bars in the bathroom is a reasonable modification. Modifications are made at the expense of the tenant, but the landlord must allow those changes, as long as they are reasonable.

Activities that Might Indicate Discrimination in Rental Housing  

• Misrepresenting the availability of housing
• Steering or segregating housing (for example: the buildings in the complex are racially segregated; they have a policy that "children are only allowed in building C," or that "children are required to live on the first floor.")
• Requiring different terms or conditions for rental occupancy.
• The information told to you in person does not match the information told to you on the phone.
• The landlord takes an application from you and promises to call but never does.
• The sign says "vacancy," but the landlord says it was just rented.
• There is nothing available now, or there won't be when you need to move.
• The landlord imposes burdensome conditions for rental occupancy.
• The landlord keeps using various delaying tactics.
• The complex has overly restrictive occupancy standards and age limits (requiring less than 2 people in a bedroom or allowing no one under the age of 18 to live there).
• The landlord has rules about adults sharing a bedroom with a child or male and female children sharing a bedroom.
• The landlord claims the property is unsafe for children.
• The landlord will not allow guide or support animals.
• The landlord will not make a reasonable accommodation.
• The landlord will not allow you to make reasonable modifications to the premises.

Activities that Might Indicate Discrimination in Real Estate Sales  

• The agent refuses to show a property in a particular neighborhood or discourages you from considering that neighborhood because of the racial makeup of that neighborhood.
• The agent requires you to be pre-qualified before discussing any properties with you, but you believe they don't require this of everyone.
• The agent gives you listings of properties in "select" neighborhoods that appear to be chosen because of their racial makeup (i.e. steering).
• The agent encourages or discourages sales or purchases in a particular neighborhood because of the changing racial makeup of that neighborhood (i.e. blockbusting).
• Different terms and conditions in townhouse, condominium, or manufactured housing communities regarding your children (for example, requiring an extra security deposit because you have children).
• Different terms and conditions in townhouse, condominium, or manufactured housing communities regarding special needs you have because of a disability.

Activities that Might Indicate Discrimination in Home Mortgage Loans  

• You believe you are qualified for a conventional mortgage but the agent insists that an FHA loan is better.
• The interest rate and points offered are much higher than current average.
• The agent will not count income from sources other than your employment.
• The mortgage company won't return your phone calls and it is difficult to get information about the status of your application.
• The mortgage company is very discouraging or gives negative comments about your ability to qualify even though you believe you are qualified.
• The mortgage company has a policy that eliminates your new home from a mortgage at that institution (for example: "We don't give loans under $50,000").

Activities that Might Indicate Discrimination When Applying for Homeowners Insurance  

• Policies by the insurance company that eliminate your house or apartment from being insured by that company. (For example: "We don't write policies in that neighborhood," "We don't write policies for older homes," "We don't write policies for properties worth less than $50,000," "Your property doesn't fit our profile," etc.)
• One insurance company's quote is significantly different from others.
• The insurer will only offer you a market rate policy and not a replacement cost policy.
• Activities that Might Indicate Discrimination in Reference to Your Property Appraisal Report
• The properties chosen to compare your property to are not in similar neighborhoods.
• The appraisal report has not taken into consideration positive economic changes in your neighborhood (for example: the presence of new construction or new investments planned for your neighborhood that might have the effect of increasing the value of your property).
• The appraisal report lists negative comments about your neighborhood that could be interpreted as having racial connotations.

Other Types of Activities Covered Under Fair Housing Laws

• Advertising: Fair housing laws state that it is unlawful to "...make, print, publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on one of the protected classes." Ads that say "no children," "adults only," "male preferred or female preferred" are examples of illegal ads.
• Harassment: It is unlawful to threaten or intimidate persons who have filed fair housing complaints or any individual who is supporting these persons in pursuit of their rights.

Permissible Activities Under the Fair Housing Act  
Landlords, real estate professionals, and other housing providers may inquire about your income, perform a credit check and evaluate your credit worthiness, contact your previous and current landlords for references, and check if you have a criminal background. These standards are perfectly legal—as long as they are applied to every applicant for housing.

If Your Rights Have Been Violated  

• Contact the Fair Housing Council of Suburban Philadelphia at (610) 604-4411 as soon as possible to investigate your complaint and assist you in determining what action should be taken.
• You may also file a complaint with the U.S. Department of Housing and Urban Development (HUD) by mail or phone: (800) 669-9777 within one year of the discriminatory incident.
• You may hire a private attorney and file an action in federal court within two years of the discriminatory incident.

If you are able to prove that you have been a victim of discrimination you may be entitled to receive compensation for actual damages, including humiliation, pain and suffering, and other relief. In federal court you may also receive punitive damages. If you are successful, the person who discriminated against you must pay your attorney's fees.

If you are a landlord, real estate professional or an other type of housing provider and would like to learn more about compliance with Fair Housing laws, please see the Materials for Housing Providers page.

This guide has been produced by the Fair Housing Council of Suburban Philadelphia through a Fair Housing Initiatives Program Grant from the U.S. Department of Housing and Urban Development and a Community Development Block Grant from the Delaware County Office of Housing & Community Development.
© 2004 Fair Housing Council of Suburban Philadelphia, All Rights Reserved