From deep rooted American ideals of equal rights for all, protective measures have been put into place aimed at preventing discrimination against protected classes of people. Through civil rights legislation and court rulings, ‘fair housing’ has been an issue at the center of this positive evolvement designed to strengthen a community as it grows.

The moral and economic state of affairs which divided the union states and embroiled the country into a four year battle, the American Civil War ultimately led the federal government to amend the U.S. Constitution. Amid the resulting impact was the first law which actually defined citizenship and affirmed that all citizens were equally protected under the law – The Civil Rights Act of 1866.

The legislation was designed to protect the freedoms fought for. It stated that black citizens had the same rights as white citizens to make and enforce contracts, to sue and be sued, to give evidence in court; and to inherit, purchase, lease, sell, hold, and convey real and personal property.

As continuing segregation plagued the country with unfair practices and treatment of non-whites some 100 years later; even as African Americans and Hispanic soldiers fought and died in several wars, the need for new legislation was apparent. The Civil Rights Act of 1964 addressed employment and segregation in public places.

The Supreme Court case Jones v. Mayer in 1968, reinforced without exception that discrimination based on race is illegal. The resulting ruling decried negative bias involving ancestral decent; and ethnic, cultural, linguistic, and physical characteristics. Today, the landmark case continues to preserve the rights of protected classes through equal opportunity and fair housing laws.

The Federal Fair Housing Act – officially titled the Civil Rights Act of 1968, expanded the original Act and Title VIII stated that discrimination in the showing, negotiation, sale, rental or financing of a dwelling, is prohibited based on race, skin color, religion, or national origin.

Limited exclusionary factors within the Act exempts a single family home sold or rented by the owner without the services of an agent; housing operated by a religious organization or private club; or an owner-occupied dwelling with not more than four units. For instance, a homeowner that lives in the house and rents out rooms has the right to choose to not rent to a person that they feel could create an unsettling situation to the current boarders.

Developing clarification generated the Housing and Community Development Act (1974) that banned discrimination based on gender. Some states are amending these laws with regard to transgender individuals.

The Fair Housing Amendment Act of 1988 addressed discrimination of disability and family status and the presence of children. As an example, a Property Manager cannot reject a rental application by a single woman that happens to be pregnant, or ask a married couple if they are planning on having more children.

Unless the cost of architectural revisions creates a financial hardship to a housing provider, under the revised regulations all rental property owners were expected to make their properties accessible to the handicapped. This included but was not limited to making doorways wider, building ramps that wheel chairs could traverse, and refitting elevators with raised-letter, braille panels for the blind. Reasonable modifications may also be made by a tenant when the cost to reverse the changes at the end of the lease is paid for by the tenant.

Guide or Seeing Eye® dogs also became legally permissible when pet ownership was otherwise not an option. A Service Animal is an individually trained dog which performs specific tasks by definition of Title II and Title III of the Americans with Disabilities Act of 1990. The definition of ‘disability’ was amended in 2008, as well as the introduction of language that addressed emotional support or comfort animals that can be present alongside their owners in places of public accommodation.

Similar in content to the Federal law, the Florida Fair Housing Act has provisions for a facility or community to be occupied solely by people aged 62 or older, and for communities where at least 80 percent of the units are inhabited by at least one person aged 55 or over.

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Real Estate brokerages and their agents are held to a high standard of professionalism through licensing and laws that govern the state. It’s good practice to treat all consumers with the same respect, honesty and fair dealings. All agents are required to continue their education which keeps them abreast of recent changes to laws involving real estate. By statutory duty to their clientele and according to specifics of an employment contract, a Broker may also act as a fiduciary. A broker may be asked to give a Broker Price Opinion. However, interpretation of laws or an opinion of title should always be directed towards a licensed attorney within the state.

 ‘Blockbusting,’ to panic homeowners into listing and selling after suggesting that their neighborhood is being rapidly sold out to minority classes, is illegal. In the same way, real estate agents are not permitted to steer customers who intend to buy a home by only suggesting houses in areas that are predominantly occupied by a particular class of inhabitants. A choice of homes of similar value and/or criteria should always be presented to prospective buyers.

A mortgage lender that deems an applicant as a poor financial risk could be held accountable if it is determined that they turned down the loan by redlining the particular geographical area or the racial composition of the locality involved.

The U.S. Department of Housing and Urban Development (HUD) enforces the Fair Housing Act. In response to a recent case involving a lenders refusal to refinance three homes owned by different families, because they were on Native American lands, Anna María Farías, HUD’s former Assistant Secretary for Fair Housing and Equal Opportunity said, “A homeowner’s creditworthiness and ability to pay should be the only thing that matters when they apply for a mortgage, not their race or the fact that their home is located on Native American lands.”

Other distinguishing violations of the Fair Housing Act have involved harassment, retaliation after a complaint has been submitted, and conduct by housing authorities, developers, creditors, cities, and other actors that can have a disparate impact.

Marion County and the City of Ocala in Florida participated in the Analysis of Impediments (AI) to Fair Housing Choice between 2015 and 2019. The study addresses the impact of disparate regulations; an analysis on housing and economic market conditions; and the obstacles that could hinder future growth within the county in a diverse way.

As identified by HUD, an impediment to fair housing choice is defined as any actions, omissions, or decisions that restrict the availability of housing choices, based on race, color, religion, sex, disability, familial status, or national origin. The study is a prelude to affirmatively furthering fair housing while offering diversity in plans for community development.

More information about the study can be found at ocalafl.org and for additional detail on the Fair Housing Act visit the hud.gov website.