 I thought we’d be farther along by now. I figured that, along with Jetsons-style cars and a colony on Mars, we would have gotten to a place where we wouldn’t have to tell people they can’t refuse to rent an apartment to someone because of their race.
Unfortunately, that still happens.
The good news is that we have made progress. Until 40 years ago, it wasn’t even illegal to discriminate when someone wanted to rent an apartment or buy a home. Since 1968, thanks to passage of the Fair Housing Act, it is against the law to deny housing based on a person’s race, color, religion, gender, disability, national origin, and family status. That also means you can’t set different terms for people because they belong to one of those groups. So, for example, a property owner could not require a larger deposit from a single mother than a childless married couple. You’re not allowed to lie about whether a property is available for sale or rent, and you can’t discriminate in lending situations, either.
The Fair Housing Act safeguards everyone within each protected class equally. So while you can’t reject a potential homebuyer because he’s Hispanic, neither could you insist that the buyer be Hispanic. That would effectively discriminate against everyone of any other race.
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You might be surprised to learn that fair-housing rules offer no protection for people who belong to groups other than the seven specifically named above. For example, unless a municipality has a rule against it, a homeowner would be within his rights to refuse renting his property to people younger than 25. I even read a few years ago about a homebuilder who wouldn’t sell to lawyers. He said it increased his chances of winding up in court.
Speaking of which, that’s just what can happen when someone runs afoul of the Fair Housing Act. And though I find it disappointing that we had to legislate fairness for those seven protected classes, I find it gratifying that serious consequences await those who break fair-housing laws and get caught.
Texas REALTORS® are shining the spotlight on fair housing during April – Fair Housing Month in the U.S. The Texas Association of REALTORS® is running a statewide radio campaign, and local REALTOR® associations and real estate firms are getting the message out through articles, newspaper ads, media interviews, and word of mouth.
You can play a role, too. Make sure you treat everyone fairly when making decisions related to real estate. If you see a fair-housing rule being broken, report it. With your help, maybe we’ll even get to a stage where people treat others fairly and with respect – not only because the law requires it but because it’s the right thing to do.
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