Quick Answer: Who Does Fair Housing Protect?

Can you sue a landlord for illegal eviction?

A tenant who is illegally evicted can either sue the landlord (either in civil court or small claims court) or use the illegal eviction as a defense or countersuit to an eviction lawsuit..

Is it illegal to rent to undocumented immigrants?

The short answer is no. The federal government has almost exclusive authority to address immigration, including undocumented immigration. Currently, there is no federal law which prevents or penalizes landlords from renting to undocumented persons.

Who is not protected by fair housing?

Race, color, religion, sex, handicap, familial status, national origin. Although some interest groups have tried to lobby to include sexual orientation and marital status, these aren’t protected classes under the federal law, but are sometimes protected by certain local state fair housing laws. 4.

Who is protected under the familial status?

Familial status covers: families with children under the age of 18, pregnant persons, and. any person in the process of securing legal custody of a minor child (including adoptive or foster parents).

Can you sue a landlord for emotional distress?

If a landlord causes you severe emotional distress that does not result in physical harm, you can recover for this purely emotional injury if your landlord’s actions were reckless or intentional. The money damages may be doubled or tripled if you also claim that the action was an unfair or deceptive practice.

What is Family Status Discrimination?

What is family status? Family status is defined in the Act as the status of being related to another person by blood, marriage or adoption. The Act prohibits discrimination or negative treatment towards an individual based on their relationship to a family member.

Can a woman that is pregnant claim discrimination based on familial status even if she does not have any children?

Familial status means the makeup of your family. The FHA prohibits discrimination on this basis including: children under the age of 18 living with parents/guardians, pregnant women, and people seeking custody of children under 18.

What does Fair Housing cover?

What 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 organizations and private clubs that limit occupancy to members.

How much can you sue for housing discrimination?

It’s fair to be angry and scared—the direct federal fines for violations of the Fair Housing Act are usually $17,000 per violation; total settlements on race, familial status, age and sex discrimination cases often reach well into the six figures—but those overwhelming emotions are why you should go straight to your …

Can a landlord tell you who can be at your house?

The guest cannot be barred unless he or she broke the rules of the lease, or broke local, state or federal law. The landlord may tell your guest that they are not allowed to visit you, and may say that they cannot come on the landlord’s property at all if it is an apartment complex or mobile home park.

Can you sue a landlord for lying?

Small claims court is easiest and fastest way to sue your landlord. … Before filing suit, write your landlord a demand letter stating what you want and your intent to sue if necessary. Depending on the laws in your state, you may sue the landlord for the losses associated with the uninhabitable rental premises.

Is gender a factor in familial status?

The federal Fair Housing Act (“FHA”) prohibits discrimination in housing based on a person’s race, color, religion, national origin, sex, familial status, and disability.

What is considered a disability under the Fair Housing Act?

The Fair Housing Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment.

Who does the Fair Housing Act protect?

It is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance, or in other housing-related activities. The Fair Housing Act prohibits this discrimination because of race, color, national origin, religion, sex, familial status, and disability.

Landlords cannot treat a tenant adversely or unequally based on that tenants actual or perceived race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, source of income, weight, or height. S.F., Cal., Police Code § 3304.