The Fair Housing Act
The Fair Housing Act (Title VIII of the Civil Rights Act of 1968) is the primary federal law prohibiting discrimination in housing. Together with the Florida Fair Housing Act (Sections 760.20-760.37), it ensures equal access to housing for all persons regardless of protected characteristics.
Protected Classes
- Race and color
- Religion
- National origin
- Sex (including sexual orientation and gender identity)
- Familial status (families with children under 18)
- Disability (physical and mental)
Prohibited Practices
- Refusing to sell, rent, or negotiate based on protected status
- Discriminatory terms, conditions, or privileges
- Discriminatory advertising or statements
- Steering buyers or renters to specific neighborhoods
- Refusing reasonable accommodations for persons with disabilities
- Discriminatory lending, appraisal, or insurance practices
Enforcement
- HUD complaints: Filed within 1 year of the discriminatory act
- FCHR complaints: Florida state-level enforcement
- Federal court: Private lawsuits within 2 years; compensatory and punitive damages
- Criminal penalties: For violations involving force or threats
Related Terms
- Equal Protection — Constitutional fairness guarantee
- Encumbrance — Fair housing violations may create title issues
- Contract — Housing contracts subject to fair housing requirements
Barnes Walker Real Estate
Barnes Walker's attorneys advise Florida landlords, sellers, and HOAs on Fair Housing Act compliance and defend against discrimination claims. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC