The Fair Housing Act
The Federal Fair Housing Act and Chapter 4112 of the Ohio Revised Code specifically make it illegal to discriminate in housing or dwelling-related transactions. The National Fair Housing Act of 1968 (Title VIII of the Civil Rights Act of 1968) was amended to broaden protection through the Fair Housing Amendments Act of 1988, which became effective on March 12, 1989. The Federal Fair Housing Act and Chapter 4112 of the Ohio Revised Code address discrimination in housing on the basis of:
- Ancestry (Ohio Law) – Refers to an individual’s line of descent or lineage;
- Color – Refers to a person’s complexion or skin tone;
- Disability – Refers to a person’s physical or mental disability;
- Familial Status – Refers to children under the age of 18 living with parents or legal custodians; pregnant women; and people securing custody of children under 18;
- National origin – Refers to the country in which a person was born, or from which the person’s ancestors came;
- Race – Refers to a family, tribe, or group of people coming from the same common ancestors;
- Religion – Refers to all aspects of religious belief, observance, and practice;
- Sex – Refers to either the male or female gender;
- Military status (Ohio Law) – Refers to a person’s status in “service in the uniformed services”.
Legal Discriminatory Practices
The Fair Housing Act also prohibits discrimination in mortgage lending, the sale or rental of real estate, and insurance coverage. There are many illegal discriminatory practices. However, you have the right to:
- Seek housing anywhere you can afford to live.
- Inspect any apartment or house that is offered for rent or sale.
- Be offered the same information, financial and insurance terms, and courtesy as everyone else.
Subtle Discrimination
If you are looking for an apartment and were told, “We don’t want your kind in this neighborhood,” you might rightfully feel that you have been discriminated against.
However, subtle discrimination may also exist and is more difficult to recognize. For example:
- You call to inquire about an apartment advertised in the newspaper and are told that it is still available. However, when you immediately go to see the apartment, you are told it has been rented;
- You are told by the manager of an apartment complex that there are no units available for families with children and that there is a long waiting list. However, you happen to notice a few days later that there is an apartment advertised for rent in the same complex;
- While showing you a home, the real estate agent spends a great deal of time emphasizing the problems and limitations of the residence.
All of these may be a subtle form of discrimination, and you may have the basis for filing a complaint.
How & Where To File
If you feel that you have been discriminated against while trying to buy or rent, first call 937-440-8121 and ask for the Fair Housing Officer.
When filing a complaint, you will need to provide the following information:
- Your name, address, and telephone number;
- The name, address, and telephone number of the person or firm being charged with housing discrimination;
- The date when the alleged act occurred;
- State the basis for discrimination (race, color, sex, marital status, religion, national origin, or handicap);
- State clearly all details that caused you to file the complaint;
- The full name and exact position or title of all individuals mentioned;
- The name, address, and telephone number of any witness able to support your charge.
What Happens After You File?
The first step is investigating your complaint. If there appears to be a basis for action, an attempt will be made to conciliate the complaint. This means that it may be possible to negotiate an agreement acceptable to both parties.
If conciliation is not possible, further legal action may be necessary to remedy the discriminatory conduct.
Regardless of the action taken, however, you have the right to file a complaint with the Ohio Civil Rights Commission and the U.S. Dept. of Housing and Urban Development.