This post was originally published on Defender Network

By Laura Onyeneho

Fair housing rights ensure equal access to housing opportunities for all residents, regardless of their background or characteristics. As April marks National Fair Housing Month, Houston residents must understand their rights and protections under the Federal and Texas Fair Housing Acts. These acts prohibit discriminatory practices in selling, renting, and financing housing based on race, color, religion, sex, national origin, disability, or familial status.

The fight for fair and stable housing is a cornerstone in the ongoing battle against systemic inequality. Deep in civil rights struggles, fair housing remains a critical issue affecting marginalized communities.

From Black individuals to LGBTQ populations, systemic barriers have hindered equal access to affordable housing in areas with greater opportunities. Before legislative reforms, discriminatory practices were rampant, with landlords and realtors favoring white, married men over other groups, perpetuating segregation, and denying housing to marginalized communities. Government policies, including redlining and suburban development initiatives, further exacerbated segregation, perpetuating disparities in housing access.

The Defender spoke with Justin Bower, director of community and environmental planning for the Houston-Galveston Area Council, to empower residents with the knowledge to navigate the housing market confidently.

Defender: What actions or red flags constitute housing discrimination under the Fair Housing Acts, and how can Houston residents recognize and report such practices if they encounter them?

Bower: It comes down to being prepared to be your advocate. The good thing is you don’t have to go into it alone. One thing that has come up in conversations is that someone is trying to steer you away [from the housing topic] to focus on some aspect of your identity, religion, nationality, ethnicity, or socioeconomic background. Other signs include refusing to negotiate for housing, setting different terms and conditions based on discriminatory criteria, advertising housing exclusively to preferred groups, and showing properties only in certain neighborhoods. Additionally, claiming housing is unavailable when it’s not, providing different housing services or facilities based on discriminatory reasons, denying access to facilities or services related to housing based on discriminatory criteria, and refusing reasonable accommodations for persons with disabilities are also considered discriminatory practices. If you suspect discrimination, they can report it to the appropriate authorities, such as the Department of Housing Community Affairs or the U.S. Department of Housing and Urban Development (HUD). These agencies have procedures to investigate complaints and take appropriate action to address discrimination in housing.

Defender: What challenges do you see that need more improvement in the work around fair housing?

Bower: The biggest challenge is consistency. There’s one thing to have protection against discrimination in books. It’s another thing for that to be consistently and fairly implemented. Just because there’s a law doesn’t mean that the law is being enforced consistently and equitably. Don’t be lulled into false security by the fact that this exists. You know, it is an ongoing effort to ensure that it continues to be consistently enforced even where it is being consistently enforced. The legal printed word only sometimes translates into there not being bad actors.

Defender: How is the Fair Housing Act used to challenge discrimination?

Bower: The Fair Housing Act is a law that helps fight against unfair treatment when people are trying to find a place to live. It’s not just about stopping obvious discrimination like saying no to someone because of their race or religion. Sometimes, discrimination happens in more hidden ways, like when landlords have rules that make it hard for certain groups of people to rent apartments or when they don’t help people with disabilities live comfortably. The law is used to challenge these unfair practices and ensure everyone has a fair chance at finding a home.

Here’s a breakdown of some common fair housing red flags in both the sale/rental of housing and mortgage lending:

In the Sale & Rental of Housing:

  1. Refusing to rent or sell housing occurs when a landlord or seller denies housing to an individual or group based on their protected characteristics.
  2. Refusing to negotiate for housing: If a landlord or seller refuses to negotiate for the sale or rental of housing based on protected characteristics, it is discriminatory.
  3. Advertising housing to preferred groups only: When housing advertisements target or exclude specific groups based on protected characteristics, it violates fair housing laws.
  4. Showing apartments or homes in certain neighborhoods only: Limiting housing options to certain neighborhoods based on protected characteristics is discriminatory.
  5. Falsely claiming housing availability: Misrepresenting the availability of housing based on protected characteristics is a violation of fair housing laws.
  6. Setting different terms or conditions: Applying different terms, conditions, or privileges based on protected characteristics is discriminatory.
  7. Providing different housing services or facilities: Offering different services or facilities based on protected characteristics constitutes housing discrimination.
  8. Denying access to related services: Denying access to services related to housing, such as multiple listing services, based on protected characteristics is unlawful.
  9. Refusing reasonable accommodations: Failing to accommodate individuals with disabilities, such as refusing to allow service animals or provide accessible parking, violates fair housing laws.

In Mortgage Lending:

  1. Refusing to make a mortgage loan: Denying a mortgage loan based on protected characteristics is discriminatory.
  2. Refusing to provide loan information: Failing to provide loan information to individuals based on protected characteristics violates fair housing laws.
  3. Imposing different terms or conditions: Applying different terms, interest rates, points, or fees based on protected characteristics constitutes discrimination in mortgage lending.
  4. Denying property insurance: Property insurance based on protected characteristics violates fair housing laws.
  5. Discriminatory property appraisals: Conducting property appraisals in a discriminatory manner based on protected characteristics is unlawful.
  6. Refusing to purchase a loan: Refusing to purchase a loan based on protected characteristics violates fair housing laws.
  7. Setting different terms for loan purchases: Applying different terms or conditions for purchasing loans based on protected characteristics is discriminatory.

For information on the Federal Fair Housing Act, visit HUD’s website. For details on the Texas Fair Housing Act, check the Texas Department of Housing and Community Affairs.

If you believe your rights have been violated, file a complaint here.