Familial status

Protected Class
This category refers to a household with one or more children under age 18 who reside with a parent, legal guardian, etc. This class also includes pregnant women and people who are in the process of gaining legal custody of a child. Fair Housing Amendments Act of 1988.

Fair Housing Basics: Removing Barriers to Housing Equity

created on Wed, 2017-03-29   •   updated on Wed, 2017-03-29
This 42-slide PowerPoint presentation provides an overview of fair housing basics, beginning with an analysis of unconscious bias. Customizable.Open Publication

Fair Housing and Equal Opportunity Disaster Toolkit (July 2007)

created on Wed, 2017-03-15   •   updated on Wed, 2017-03-15
The leadership of the Office of Fair Housing and Equal Opportunity (FHEO) strongly believes that, as fair housing professionals, we have a responsibility to ensure that persons affected by disaster are not victimized when searching for a new place to call home. As a measure of prevention and pro-action, FHEO has collaborated with a group of Fair Housing Assistance Program (FHAP) and Fair Housing Initiative Program (FHIP) agencies and other fair housing professionals to develop a fair housing toolkit for emergency preparedness. Toward this end, FHEO engaged the Dixon Group and Emergency...Open Publication

Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
HUD’s Office of General Counsel issues this guidance to explain how the Fair Housing Act applies to ensure that the growing number of local nuisance ordinances and crimefree housing ordinances do not lead to discrimination in violation of the Act. This guidance primarily focuses on the impact these ordinances may have on domestic violence victims, but the Act and the standards described herein apply equally to victims of domestic violence and other crimes and to those in need of emergency services who may be subjected to discrimination prohibited by the Act due to the operation of these...Open Publication

Implementation of the Fair Housing Act's Discriminatory Effects Standard

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
Through this final rule, HUD formalizes its long-held recognition of discriminatory effects liability under the Act and, for purposes of providing consistency nationwide, formalizes a burden-shifting test for determining whether a given practice has an unjustified discriminatory effect, leading to liability under the Act. This final rule also adds to, and revises, illustrations of discriminatory housing practices found in HUD’s Fair Housing Act regulations. This final rule follows a November 16, 2011, proposed rule and takes into consideration comments received on that proposed rule...Open Publication

Implementation of the Housing for Older Persons Act of 1995; Final Rule

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
This rule implements the Housing for Older Persons Act of 1995 (HOPA). HOPA amended the requirements for qualification for the housing for persons who are 55 years of age or older portion of the ‘‘housing for older persons’’ exemption established in the Fair Housing Act. In addition, HOPA established a good faith defense against civil money damages for persons who reasonably relied in good faith on the application of the ‘‘housing for older persons’’ exemption even when, in fact, the housing provider did not qualify for the exemption. This rule updates HUD’s regulations to reflect the changes...Open Publication

Questions and Answers Concerning the Final Rule Implementing the Housing for Older Persons Act of 1995 (HOPA)

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
Title VIII of the Civil Rights Act of 1968 (the Federal Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988 (the Fair Housing Act), prohibits discrimination in housing and real estate-related transactions based on race, color, religion, sex, national origin, handicap and familial status (in general, the presence of children under the age of 18 in the household). The prohibition against discrimination based on familial status became effective March 12, 1989. The Act contained a provision exempting "senior" housing from the prohibition against familial status discrimination.Open Publication

Guidance for Public Housing Agencies and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-29
The purpose of this Notice is to inform PHAs and owners of other federally-assisted housing that arrest records may not be the basis for denying admission, terminating assistance or evicting tenants, to remind PHAs and owners that HUD does not require their adoption of “One Strike” policies, and to remind them of their obligation to safeguard the due process rights of applicants and tenants. The Notice also reminds PHAs and owners of their obligation to ensure that any admissions and occupancy requirements they impose comply with applicable civil rights requirements contained in the Fair...Open Publication

Frequently Asked Questions (FAQs) on Equal Treatment and the Faith-Based and Community Initiative

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
Many organizations seek guidance as to whether they can continue the religious component of their total service delivery if they receive HUD funding. This question generally falls under the heading of "Equal Treatment." HUD, along with other Federal Agencies, has put Equal Treatment Regulations in place to insure that faith-based and secular non-profit organizations are aware of their rights and are treated equally in the grants process. Below you will find some frequently asked questions on this topic, with general answers. If you have any doubt or need specific information after reading...Open Publication

Franklin's Fair Housing Coloring Book

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
This coloring book features FRANKLIN, the Fair Housing Fox, who wants you to know what makes housing “fair.” The Fair Housing Act and other fair housing laws protect your family’s right to live anywhere they want and can afford to live! When looking for a place to call home, you should not be treated differently because of your race, color, sex, familial status (whether your family has children), religion, national origin (what country you’re from), or disability. It’s illegal to treat some people less favorably than others without any fair or proper reason. That is discrimination.Open Publication

Guidance on Non-Discrimination and Equal Opportunity Requirements for Public Housing Authorities

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
The purpose of this notice is to remind public housing agencies (PHAs), including those in the Moving to Work (MTW) demonstration, of their obligation to comply with key non-discrimination and equal opportunity laws and implementing regulations, including those in 24 CFR § 5.105(a). Specific laws and regulations must be viewed in their entirety for full compliance, as the notice does not incorporate a complete discussion of all legal authorities.Open Publication

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