 | What is the Fair Housing Act? |
 | The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, or disability by housing providers, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions, and homeowners insurance companies.
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| Are there any other local Fair Housing Laws? |
| Yes. The State of Florida Fair Housing Act and Palm Beach County's Fair Housing Ordinance mirror the federal Fair Housing Act. In addition Palm Beach County provides protection against discrimination based on sexual orientation, age and maritial status. The City of West Palm Beach provides protection against discrimination based on sexual orientation and gender identity of expression.
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| What is housing discrimination? |
| Houisng discrimination is treating a person, or a group of persons differently than others are treated under the same or similar circumstances, or denying a person or persons the same benefits or privileges provided to others because of that person's race, color, sex, age, national origin, religion, disability, familial status (families with children), sexual orientation or marital status.
Denying an individual or group the right to purchase a home loan, homeowners insurance, buy or rent housing based on their protected status is illegal under federal, State and local fair housing laws and ordinaces. |
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| What is familial status discrimination? |
| It is the practice of treating families with children under the age of 18 differently with regard to the terms and conditions of housing. It is also illegal to advertise "no children" in ads for housing |
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| If my community wants to make a rule to bar families with children under 18 from renting and buying can't we just make our own rule and enforce it? |
| No! There are requirements for a community to be considered "housing for older persons, such as (A) the housing is specifically designed and operated to assist elderly persons and is intended for, and solely occupied by, person 62 years of age or older
or (B) the housing is intended and operated for occupancy by persons 55 years of age or older and meet the following requirements:
(1) At least 80% of the occupied units are occupied by at least one person 55 years of age or older.
(2)The facility or community publishes and adheres to policies and procedures that demonstrate its intent to in fact be a provider of housing for older persons.
(3)The facility or community complies with rules established by HUD for verification of occupancy.
(4) Because a community that is claiming 55+ is asking to be exempted from the Florida Fair Housing Act status, as it pertains to familial status, and the Florida Legislature requires these commlunities to register with FCHR by sending a certified letter to the Commission stating that the facility or community is in compliance.
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| How do I register with the State of Florida to be considered a housing for older persons community or facility? |
| A facility or community that meets at least one of the above requirements must register with the Florida Commission on Human Relations by sending a letter to the Commission to register as a facility for older persons.
A fee of $20.00 is required, and must be submitted with the letter. A check, money order or cashiers check will be accepted, and must be made payable to: THE FLORIDA COMMISSION ON HUMAN RELATIONS.
The letter must be on the letterhead of the facility or community, and it must be signed by the president of the facility or community and mailed to the Commission at; 2009 Apalachee Parkway, Suite 100, Tallahassee, FL 32301.
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| What exactly is a reasonable accommodation? |
| Discrimination under the Fair Housing Act includes "a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford [a person with a disability] an equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604(f)(3)(B). So long as the requested accommodation does not constitute an undue financial or administrative burden for the landlord, or fundamentally alter the nature of the housing, the landlord must provide the accommodation. |
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| If I beleive I need a reasonable accommodation because of my disability, how do I qualify? |
| Being able to substantiate one's disability is critical in requesting a reasonable accommodation. In order to qualify for a reasonable accommodation the tenant must meet the statutory definition of having a "disability."
The statutes recognize three broad categories of disabilities: (1) a physical or mental impairment that substantially limits one or more major life activities (such as walking, seeing, working, learning, washing, dressing, etc.); (2) a record of having such an impairment; or (3) being regarded as having such an impairment. |
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| How do I request an exception to the landlord's no pet rule |
| If one needs an emotional support animal to ease the symptoms of a disability (as defined above), he or she should request a reasonable accommodation, in writing, from the landlord, manager or other appropriate authority. The request should state that the tenant has a disability and explain how the requested accommodation will be helpful. In addition, the tenant should include a note from his or her service provider, such as a doctor or therapist, verifying the need for the support animal.
Note that the tenant need not disclose the details of the disability, nor provide a detailed medical history.
Establishing that the support animal is necessary in order to use and enjoy the residence is critical. Courts have consistently held that a tenant requesting an emotional support animal as a reasonable accommodation must demonstrate a relationship between his or her ability to function and the companionship of the animal.
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| Can a seller or landlord deny me housing because I have a Section 8 Voucher or the fact that I am using the SHIP or Home program to purchase? |
| Yes. Source of Income is not protected under Federal, state and local fair housing laws. Since your source of income used to rent or buy housing would be either a Section 8 Voucher, SHIP or HOME program the landlord or seller can deny you the unit if he or she applies this standard to all prospective home seekers. Source of Income is not protected under Federal, state and local fair housing laws. |
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