The Fair Housing Act (FHA): A Legal Overview (CRS Report for Congress)
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| Release Date |
Revised Feb. 2, 2016 |
| Report Number |
95-710 |
| Authors |
David H. Carpenter, Legislative Attorney; Jody Feder, Legislative Attorney |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The Fair Housing Act (FHA) was enacted “to provide, within constitutional limitations, for fair
housing throughout the United States.” The original 1968 act prohibited discrimination on the
basis of “race, color, religion, or national origin” in the sale or rental of housing, the financing of
housing, or the provision of brokerage services. In 1974, the act was amended to add sex
discrimination to the list of prohibited activities. The last major change to the act occurred in
1988 when it was amended to prohibit discrimination on the additional grounds of physical and
mental handicap, as well as familial status. However, legislation that would amend the FHA is
routinely introduced in Congress, including S. 1858/H.R. 3185, H.R. 501, and H.R. 3145 in the
114th Congress.
Key Takeaways
The FHA prohibits discrimination on the basis of “race, color, religion, sex,
handicap, familial status, or national origin....”
In general, the FHA applies broadly to all sorts of housing, public and private,
including single family homes, apartments, condominiums, mobile homes, and
others. The act’s coverage also extends to the secondary mortgage market.
However, the act includes some exemptions. For example, the FHA does not
“limit[] the applicability of any reasonable local, State, or Federal restrictions
regarding the maximum number of occupants permitted to occupy a dwelling.”
While the FHA prohibits discrimination based on sex, the FHA does not prohibit
discrimination on the basis of sexual orientation or gender identity. However,
certain forms of discrimination against members of the LGBT (lesbian, gay,
bisexual, transgender) community can violate the FHA.
In June 2015, the Supreme Court held in Texas Department of Housing and
Community Affairs v. Inclusive Communities Project that, in addition to
intentional discrimination, disparate impact claims are cognizable under the
FHA—a view previously espoused by HUD and the 11 U.S. Courts of Appeals to
render opinions on the issue.
Although plaintiffs historically have faced fairly steep odds of getting their
disparate impact claims past the preliminary stages of litigation, much less
succeeding on the merits, the “cautionary standards” stressed by the Inclusive
Communities Court might result in even fewer successful disparate impact claims
being raised in the courts and swifter disposal of claims that are raised.
In July 2015, HUD issued final regulations designed to implement an FHA
mandate that executive agencies administering HUD programs, as well as HUDgrantees
and other recipients of HUD funding, affirmatively further the FHA’s
goals of reducing segregation and housing barriers.
The FHA may be enforced in varying ways by the Attorney General, by the
Department of Housing and Urban Development (HUD), and by victims of
discrimination. Potential remedies available under the act include actual
damages, punitive damages, equitable relief, and reasonable legal costs. Violators
also may be assessed civil penalties.
