50 Years of the Fair Housing Act
LOUISIANA REALTORS • March 28, 2018
Five decades ago Title VII of the Civil Rights Act was signed into law. This final piece of civil rights legislation prohibits the discrimination in the sale and rental of residential housing. The goal of this act was to end the decades-long problem of discrimination based on race, sex, age, disability, and several other personal characteristics when it comes to access to housing.
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Overseen by the U.S. Department of Housing and Urban Development, or HUD, this department has the authority to investigate cases of discrimination involving:
• Home sales
• Rentals
• Advertising
• Mortgage lending and insurance
• Property insurance
• And more
It is important to be aware of everything that the Fair Housing Act
covers. It applies to dwellings that are defined as, “any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof”. It also covers a number of different real estate transactions:
• The making or purchasing of loans or providing other financial assistance for the purchase
• Construction
• Improvement
• Repair or maintenance of a dwelling
• The selling, brokering or appraising of residential real property
• Access, membership, or participation in multiple listing services, real estate brokers’ organizations, or other services related to the business of selling or renting dwellings.
Originally upon enactment, the Fair Housing Act prohibited discrimination based on race, color, religion, sex, or national origin. In 1974 and again in 1988 it was expanded to include disability and familial status. These are the protected classes under the act. But what exactly constitutes discrimination?
The types of discrimination that the Fair Housing Act protects against are outright, intentional discrimination, and disparate impact. Outright, intentional discrimination or steering can be proven with direct evidence such as a sign stating that a particular member of one of the protected classes listed above is not eligible to rent or purchase, or making statements dissuading interest based on age, race, sex, ability, etc. Disparate impact is less obvious. This type of discrimination will involve a policy that has the unintended consequence of discrimination. These types of policies can make housing options more restrictive for members of the protected classes than for people not affiliated with those groups. While this policy was not designed to discriminate, its implementation has a higher impact on people in the protected classes.
While this is a lot of information, this groundbreaking law has changed the lives of countless people and families for decades. As a REALTOR®
it is important to understand the ins and outs of the Fair Housing Act so that you can ensure that every client you have is receiving the protection that they deserve, because Fair Housing Makes U.S. Stronger.
From the Louisiana Department of Insurance: Insurance Commissioner Tim Temple joined Governor Jeff Landry and Senate Insurance Committee Chairman Kirk Talbot today to announce that Louisiana is investing an additional $20 million in Fortified homes, bringing the total amount invested in state Fortified projects this year to $100 million. Governor Landry announced that $20 million from the U.S. Department of Housing and Urban Development will be transferred to the Louisiana Office of Community Development Restore Resilient Opportunities for Overhead Fortification (Restore ROOF) program to strengthen residential structures and reduce long-term disaster risk. Earlier this year, the Legislature passed a bill that allows $50 million in additional Katrina and Rita bond money from Louisiana Citizens Property Insurance Corporation to be added to the Department of Insurance’s Louisiana Fortify Homes Program (LFHP). Also beginning this year, LFHP is projected to receive approximately $30 million annually from taxes and fees the Louisiana Department of Insurance collects from the insurance industry. “Building stronger homes is a vital part of making homeowners insurance affordable in Louisiana,” said Commissioner Temple. “I appreciate Governor Landry’s leadership and support as we work with legislators like Chairman Talbot to make Louisiana a national leader in the adoption of Fortified roofs.” The Louisiana Department of Insurance (LDI) has finalized its promulgation of Regulation 136—Fortify Homes Premium Discounts. The purpose of Regulation 136 is to implement the statutory provisions set forth in La. R.S. 22:1483, et seq. , which require that all Louisiana property and casualty insurers provide premium discounts or insurance rate reductions for homes constructed or upgraded in accordance with the fortified standards created by the Insurance Institute for Business and Home Safety. View Regulation 136 here .
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