Vermont Legal Aid
 Housing Discrimination Law Project
May 2011

 

 

Housing Discrimination is Unlawful

 

Landlords, realtors, mortgage lenders and others may lawfully discriminate for most reasons.  For example, it's legal for a housing provider to refuse to lend you a mortgage because you have tattoos, smoke, or are vegetarian.  However, the law prohibits housing providers from discriminating against people in housing because of particular prohibited bases set out in federal and State statutes.

 

Federal and State statutes make it unlawful to refuse, make unavailable, or deny housing or to have different rules for anyone in housing on a prohibited basis.

 

Prohibited Bases

 

Race/Color

National Origin (including lineage, language, ethnicity)

Sex

Religion

Disability

Children or pregnancy

 

Receipt of Public Assistance (Section 8, Reach Up)

Marital Status (unmarried, divorced, civil union)

Age

Sexual Orientation

Gender

 

 Landlords, realtors, banks, and other people can only consider certain things when making decisions about housing. They can find out whether you can afford the housing. They can find out how many people (but usually not how many children) will occupy the home. They can't refuse housing or have different rules because of a prohibited basis listed above. They also can't assume things about a person based on these prohibited bases.

 

A landlord can't assume that because you are a single woman, you won't be able to afford the rent. A landlord can't assume that because you have a disability, you won't be able to live on your own. A landlord can't allow tenants to have a Christmas party but not allow tenants to have a party at the end of Ramadan.

 
 
.

Typical Housing Discrimination

 

Lying About Availability

 

Faizah just got her Section 8 Voucher. She finds an apartment she can afford and the landlord agrees to rent to her. Faizah tells the landlord she has Section 8. The landlord never calls her back. The landlord may have discriminated against Faizah.

 

Juan is Mexican-American. He and his wife are looking for a house to buy. He sets up an appointment to see houses with a realtor. Juan sees a house he likes and can afford. He and his wife decide to make an offer. When they call the realtor, she says someone else has already made an offer. A week later, Juan notices that the house is still being advertised on the realtor's website. The realtor and seller may have discriminated against Juan.

 

Steering

 

Carolyn is white. She goes to see an apartment. The landlord tells Carolyn that she doesn't think Carolyn will want to live in this neighborhood. Carolyn asks why. The landlord says she has another apartment in a neighborhood Carolyn will like better. Carolyn sees the other apartment. She notices that only white people live in the second neighborhood. The landlord may be discriminating against Carolyn by assuming she only wants to live in an all-white neighborhood.

 

Sarah is African American. She's wants to buy a house. She goes to a realtor. The realtor only shows Sarah houses in poor neighborhoods. Did the realtor assume that Sarah could only afford to live in a poor neighborhood because she is African American? Did the realtor assume that Sarah would "feel more comfortable" living in a poor neighborhood? Maybe. If the realtor assumed these things, this is housing discrimination.

 

 

Refusal to Rent, Sell, or Lend

 

Mike applies for an apartment. The landlord seems interested in renting to Mike. Then Mike tells the landlord he has children. The landlord tells Mike there isn't a play area or lawn and that he thinks Mike would rather live somewhere else.

 

Janiyah's parents are from India. Janiyah is looking for an apartment. Everything goes fine on the phone. But when the landlord meets Janiyah at the apartment, the landlord rushes through showing her the apartment. Janiyah likes the apartment and says she wants to take it. The landlord says he still has some more appointments today and says he'll call Janiyah. The landlord never calls.

 

Different Rules and Conditions

 

Donna lives in a mobile home park. The park has a swimming pool. The mobile home park owner lets everyone at the park swim in the pool except children. This is housing discrimination.

 

Sam and Judy's landlord tells them they can't put a menorah in their window or hang a mezuzah on their door. Sam and Judy's landlord lets their neighbors hang a Christmas wreath on their door. This is housing discrimination.

 

The bank offers Bob and Melinda, who are African American, a mortgage but at a higher interest rate than the rate offered to a white couple with similar credit rating and financial status.

 

A town's planning and zoning plans and ordinances would allow multifamily residential building, but the development review never approves a permit for multifamily housing or imposes additional burdens such as extra studies and processes before the permit will be considered.

 

Discriminatory Advertising

 

Quan is looking for an apartment for his family. He sees an ad for a three-bedroom apartment. The ad says "quiet, professional couple preferred." Quan doesn't call the ad because he believes the landlord won't want to rent to him because he has children. The landlord and the newspaper discriminated against Quan because their ad discouraged him from applying.

 

Tom is looking for an apartment. He sees an apartment ad. The ad has a picture of a Christian cross in it. Tom isn't Christian. Tom doesn't call because he believes that the landlord only wants to rent to Christians. The landlord and the newspaper discriminated against Tom because their ad discouraged Tom from applying.

 

Threats, Intimidation, and Harassment

 

Jamel is from Somalia. He applies for an apartment. The landlord says he thinks people in the neighborhood aren't used to Somalis and will make life hard for Jamel if he moves in. The landlord discriminated against Jamel by passing on a threat.

 

Anne's landlord says he'll lower her rent if she has sex with him. This is sexual harassment. The landlord has discriminated against Anne because she's a woman.

 

The other tenants in Frank's building say racist things to Frank and harass him. Frank asks his landlord to do something about it. The landlord doesn't do anything. Both the landlord and the neighbors have racially discriminated against Frank.

 

 

 

You Can Help Stop Housing Discrimination!

 

Housing discrimination hurts all of us. We all want everyone to have the same chance to rent or buy a home as everyone else. We all want the opportunity to live in a diverse community.  When landlords, realtors, banks, or others discriminate, they stop us from being able to live in the communities we want to live in.

 

Other ways you can help

-          Call us if you would like to be a housing discrimination investigator.

-          Participate in your town's planning, zoning, and development review board meetings.

-          Educate your friends, family, and neighbors about fair housing choice

 

 

Housing Discrimination?

 

Call Vermont Legal Aid at (800) 889-2047.

www.vtlawhelp.org

 

Our services are free.

 

 

Join Our Mailing List