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SERVING AUSTIN’S INVESTORS SINCE 1986

Understanding The Federal Fair Housing Act

Rollingwood Management abides by the Fair Housing Act that prohibits discrimination in housing due to :

  • Race or color
  • National origin
  • Religion
  • Sex
  • Handicap
  • Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18)
  • Gender Identity (City of Austin)
  • Marital Statues (City of Austin)
  • Student Statues (City of Austin)
  • Creed (City of Austin)

What type of Housing Is Covered?

The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker and housing operated by organization and private clubs that limit occupancy to members.

What Is Prohibited?

In the Sale and Leasing of Housing:  No one may take any of the following actions based on race, color, national origin, religion, sex, familial status, gender identity, marital statues, student statues, creed or handicap:

  • Refuse to rent housing
  • Refuse to negotiate for housing
  • Make housing unavailable
  • Deny a dwelling
  • Set different terms, conditions or privileges for sale or rental of a dwelling
  • Provide different housing services or facilities
  • Falsely deny that housing is available for rental
  • For profit, persuade owners to sell or rent (blockbusting) or
  • Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

In Addition: It is illegal for anyone to:

  • Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right
  • Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status or handicap. This prohibition against discriminatory advertising applies to:
    • single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.

Additional Protection If You Have A Disability. If you or someone associated with you:

  • Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
  • Have a record of such a disability or
  • Are regarded as having such a disability

Your Landlord May Not:

  • Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the handicapped person to use the housing (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
  • Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the handicapped person to use the housing.
    • Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.
    • Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.

However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs. Requirements for New Buildings: In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:

  • Public and common areas must be accessible to persons with disabilities
  • Doors and hallways must be wide enough for wheelchairs
  • All units must have:
    • An accessible route into and through the unit
    • Accessible light switches, electrical outlets, thermostats and other environmental controls
    • Reinforced bathroom walls to allow later installation of grab bars and
    • Kitchens and bathrooms that can be used by people in wheelchairs.

If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground floor units. These requirements for new buildings do not replace any more stringent standards in State or local law.

Housing Opportunities For Families Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:

  • A parent
  • A person who has legal custody of the child or children or
  • The designee of the parent or legal custodian, with the parent or custodian's written permission.

Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18. Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:

  • The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program or
  • It is occupied solely by persons who are 62 or older or
  • It houses at least one person who is 55 or older in at least 80 percent of the occupied units; has significant services and facilities for older persons; and adheres to a published policy statement that demonstrates an intent to house persons who are 55 or older. The requirement for significant services and facilities is waived if providing them is not practicable and the housing is necessary to provide important housing opportunities for older persons.

For Further Information: The Fair Housing Act and HUD's regulations contain more detail and technical information. If you need a copy of the law or regulations, contact the HUD regional office nearest you or:

Office of Fair Housing and Equal Opportunity
Room 5116
Department of Housing and Urban Development
451 Seventh Street, S.W.
Washington, D.C. 20410-2000

This version of the Fair Housing Act, adapted for use within HERO websites, is © 2000-2013 RealEIS, LLC.