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Protecting Your Protecting Your Rights: What You Rights: What You Need to Know about Need to Know about Fair Housing Laws Fair Housing Laws SC Appleseed Legal Justice SC Appleseed Legal Justice Center Center

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Protecting Your Rights: What You Need to Know about Fair Housing Laws. SC Appleseed Legal Justice Center. The South Carolina Appleseed Legal Justice Center is dedicated to advocacy for low- income people in South Carolina to effect systemic change by acting in and through - PowerPoint PPT Presentation

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Page 1: Protecting Your Rights: What You Need to Know about Fair Housing Laws

Protecting Your Protecting Your Rights: What You Rights: What You

Need to Know about Need to Know about Fair Housing LawsFair Housing Laws

SC Appleseed Legal Justice CenterSC Appleseed Legal Justice Center

Page 2: Protecting Your Rights: What You Need to Know about Fair Housing Laws

SC Appleseed Legal Justice Center

TheThe South Carolina Appleseed Legal South Carolina Appleseed Legal Justice Justice

Center is dedicated to advocacy for low-Center is dedicated to advocacy for low-

income people in South Carolina to effect income people in South Carolina to effect

systemic change by acting in and through systemic change by acting in and through

the courts, legislature, administrative the courts, legislature, administrative

agencies, community and the media, and agencies, community and the media, and

helping others do the same through helping others do the same through

education, training and co-counseling. To education, training and co-counseling. To

find out more about SCALJC, go to find out more about SCALJC, go to http://www.scjustice.org on the Internet. on the Internet.

Page 3: Protecting Your Rights: What You Need to Know about Fair Housing Laws

SC Appleseed Legal Justice Center

MissionMission The goal of this presentation is to teach you The goal of this presentation is to teach you

general information about your rights under general information about your rights under Fair Housing laws.Fair Housing laws.

Because of time constraints, only the major Because of time constraints, only the major points of the laws will be addressed.points of the laws will be addressed.

At the end of this presentation, you should At the end of this presentation, you should have a better understanding about the laws have a better understanding about the laws that protect you from housing discrimination that protect you from housing discrimination and what to do if you think your rights have and what to do if you think your rights have been violated.been violated.

Page 4: Protecting Your Rights: What You Need to Know about Fair Housing Laws

SC Appleseed Legal Justice Center

Disclaimer

This overview of Fair Housing law is for informational purposes only. It is not meant to address a specific legal problem.

If you have specific questions about a housing problem, you should contact a lawyer of your choice to get help.

Page 5: Protecting Your Rights: What You Need to Know about Fair Housing Laws

SC Appleseed Legal Justice Center

What Is the Fair Housing What Is the Fair Housing Act?Act?

The federal Fair Housing Act (FHA) was The federal Fair Housing Act (FHA) was made a law by Congress on April 11, 1968. made a law by Congress on April 11, 1968.

It was part of the Civil Rights Act of 1968.It was part of the Civil Rights Act of 1968.

After the Rev. Dr. Martin Luther King Jr.’s After the Rev. Dr. Martin Luther King Jr.’s assassination on April 4, 1968, President assassination on April 4, 1968, President Lyndon B. Johnson urged Congress to pass Lyndon B. Johnson urged Congress to pass the law. In the years before King’s death, the law. In the years before King’s death, the law had been considered but did not the law had been considered but did not have enough support to pass.have enough support to pass.

Page 6: Protecting Your Rights: What You Need to Know about Fair Housing Laws

SC Appleseed Legal Justice Center

What Is the Fair Housing What Is the Fair Housing Act?Act?

The 1968 Fair Housing Act made it illegal The 1968 Fair Housing Act made it illegal to discriminate against people in most to discriminate against people in most types of housing transactions because of types of housing transactions because of their race, color, religion, or national their race, color, religion, or national origin.origin.

In 1974, gender was added to the list.In 1974, gender was added to the list.

In 1988, disability and familial status were In 1988, disability and familial status were added to the list (in the Fair Housing added to the list (in the Fair Housing Amendments Act)Amendments Act)

Page 7: Protecting Your Rights: What You Need to Know about Fair Housing Laws

SC Appleseed Legal Justice Center

What groups of people does What groups of people does the Fair Housing Act protect the Fair Housing Act protect

now?now? The FHA now protects people from being The FHA now protects people from being

discriminated against in housing because discriminated against in housing because of theirof their Race Race ColorColor ReligionReligion Gender Gender National Origin National Origin DisabilityDisability Familial statusFamilial status

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SC Appleseed Legal Justice Center

What is National Origin?What is National Origin? National origin means where someone National origin means where someone

was born, or where their parents, was born, or where their parents, grandparents, etc. were born.grandparents, etc. were born.

It may be hard to tell where a person It may be hard to tell where a person was born, but there may be signs of his was born, but there may be signs of his or her national origin, like an accent, or her national origin, like an accent, that can lead to discrimination. The FHA that can lead to discrimination. The FHA makes it illegal to discriminate in makes it illegal to discriminate in housing for that reason. housing for that reason.

Page 9: Protecting Your Rights: What You Need to Know about Fair Housing Laws

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What groups of people does What groups of people does the Fair Housing Act protect the Fair Housing Act protect

now?now? The FHA now protects people from being The FHA now protects people from being

discriminated against in housing because discriminated against in housing because of theirof their Race Race ColorColor ReligionReligion Gender Gender National Origin National Origin DisabilityDisability Familial statusFamilial status

Page 10: Protecting Your Rights: What You Need to Know about Fair Housing Laws

SC Appleseed Legal Justice Center

What is Familial Status?What is Familial Status?

In general, familial status means whether or In general, familial status means whether or not there is a child under 18 in the household.not there is a child under 18 in the household.

It can also mean whether someone is It can also mean whether someone is pregnant, or getting legal custody or already pregnant, or getting legal custody or already has legal custody of one or more children has legal custody of one or more children under 18.under 18.

Example: It would be illegal under the FHA to Example: It would be illegal under the FHA to refuse to rent to someone just because he has refuse to rent to someone just because he has legal custody of his grandchild who is 16.legal custody of his grandchild who is 16.

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What is Familial Status?What is Familial Status? The FHA makes it illegal for most housing The FHA makes it illegal for most housing

providers to refuse to rent or sell housing to providers to refuse to rent or sell housing to people because of their familial status.people because of their familial status.

Exception: Some housing is set aside by the Exception: Some housing is set aside by the government as “Housing for Older Persons” government as “Housing for Older Persons” or “Senior Housing”. Special rules have to or “Senior Housing”. Special rules have to be met for housing to use this exception to be met for housing to use this exception to the FHA.the FHA.

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What groups of people does What groups of people does the Fair Housing Act protect the Fair Housing Act protect

now?now? The FHA now protects people from being The FHA now protects people from being

discriminated against in housing because discriminated against in housing because of theirof their Race Race ColorColor ReligionReligion Gender Gender National Origin National Origin Disability Disability Familial statusFamilial status

Page 13: Protecting Your Rights: What You Need to Know about Fair Housing Laws

SC Appleseed Legal Justice Center

What counts as a disability What counts as a disability under the FHA?under the FHA?

Under the FHA, a disability is a physical or Under the FHA, a disability is a physical or mental problem that largely limits one or mental problem that largely limits one or more of a person’s major life activitiesmore of a person’s major life activities

Having a record of such a problem or Having a record of such a problem or being regarded as having such a problem being regarded as having such a problem is also in the definitionis also in the definition

If a person has a record of having a If a person has a record of having a disability in the past, that past disability disability in the past, that past disability cannot be used against them to keep them cannot be used against them to keep them out of housing out of housing

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What counts as a disability What counts as a disability under the FHA?under the FHA?

Some examples of disabilities under the Some examples of disabilities under the FHA are having a mental illness, a learning FHA are having a mental illness, a learning disability, past drug addiction, alcoholism, disability, past drug addiction, alcoholism, having a disease like HIV or AIDS, blindness, having a disease like HIV or AIDS, blindness, or having a hearing problem.or having a hearing problem.

The current use of illegal drugs is The current use of illegal drugs is notnot covered covered

under the FHA.under the FHA.

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What counts as a disability What counts as a disability under the FHA?under the FHA?

Landlords can refuse to rent to people who Landlords can refuse to rent to people who have been convicted in court of selling or have been convicted in court of selling or making drugs.making drugs.

Landlords can also refuse to rent to a Landlords can also refuse to rent to a person who is a direct threat to someone’s person who is a direct threat to someone’s health or safety, or to someone who would health or safety, or to someone who would substantially damage the landlord’s substantially damage the landlord’s property or the property of others.property or the property of others. In order to prove this in court, the landlord has In order to prove this in court, the landlord has

to have recent evidence to back up this claim.to have recent evidence to back up this claim.

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What types of actions are What types of actions are illegal under the FHA?illegal under the FHA?

We have learned that the FHA makes it We have learned that the FHA makes it

illegal to discriminate in housing illegal to discriminate in housing because of because of

someone’s race, color, religion, national someone’s race, color, religion, national

origin, gender, disability, or familial origin, gender, disability, or familial status. status.

But what does this really mean?But what does this really mean?

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This means that the FHA makes it illegal to do the This means that the FHA makes it illegal to do the following because of someone’s race, color, religion,following because of someone’s race, color, religion,national origin gender, disability, or familial status:national origin gender, disability, or familial status:

Refuse to rent or sell housingRefuse to rent or sell housing

Refuse to negotiate on housingRefuse to negotiate on housing

Deny someone a unit Deny someone a unit

Example: Putting all people of one race in one part of a buildingExample: Putting all people of one race in one part of a building

Make different rules for renting or selling housingMake different rules for renting or selling housing

Example: Making a man pay a smaller rental deposit than a Example: Making a man pay a smaller rental deposit than a womanwoman

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This means that the FHA makes it illegal to do the This means that the FHA makes it illegal to do the following because of someone’s race, color, religion, following because of someone’s race, color, religion, national origin gender, disability, or familial status: national origin gender, disability, or familial status:

(continued)(continued)

Give different housing services or facilitiesGive different housing services or facilities ExampleExample: : HavingHaving pools for one race onlypools for one race only

Claim that housing is not for rent or sale when it actually Claim that housing is not for rent or sale when it actually isis

This includes not allowing inspection of the unitThis includes not allowing inspection of the unit

Convince someone else, for profit, not to sell or rent a Convince someone else, for profit, not to sell or rent a unitunit

Deny someone membership in a facility or service that Deny someone membership in a facility or service that comes with the house comes with the house

Example: Refusing to list a unit in a multiple listing serviceExample: Refusing to list a unit in a multiple listing service

Page 19: Protecting Your Rights: What You Need to Know about Fair Housing Laws

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This means that the FHA makes it illegal to do the This means that the FHA makes it illegal to do the

following because of someone’s race, color, religion, following because of someone’s race, color, religion,

national origin gender, disability, or familial status:national origin gender, disability, or familial status:

(continued)(continued) Refuse to make a mortgage loanRefuse to make a mortgage loan

Example: Making loans to one race onlyExample: Making loans to one race only

Refuse to give information on loansRefuse to give information on loans Example: Refusing to give loan information to someone with an Example: Refusing to give loan information to someone with an

accentaccent

Make different rules about a loan Make different rules about a loan Example: Different interest rates or fees for one race over Example: Different interest rates or fees for one race over

anotheranother

Page 20: Protecting Your Rights: What You Need to Know about Fair Housing Laws

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This means that the FHA makes it illegal to do This means that the FHA makes it illegal to do the the

following because of someone’s race, color, following because of someone’s race, color, religion, religion,

national origin gender, disability, or familial national origin gender, disability, or familial status:status:

(continued)(continued)

Discriminate in appraising the value of propertyDiscriminate in appraising the value of property

Refuse to purchase a loanRefuse to purchase a loan

Set different rules for purchasing a loanSet different rules for purchasing a loan

Page 21: Protecting Your Rights: What You Need to Know about Fair Housing Laws

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It is also illegal under the FHA It is also illegal under the FHA to:to:

Threaten or try to force or scare Threaten or try to force or scare someone who is protecting his or her someone who is protecting his or her rights under the Fair Housing Actrights under the Fair Housing Act

Make a statement or place an ad (in Make a statement or place an ad (in writing or by phone) that lists a writing or by phone) that lists a preference for a renter or buyer of preference for a renter or buyer of property based on their race, color, property based on their race, color, religion, national origin, gender, religion, national origin, gender, disability, or familial statusdisability, or familial status

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Examples of Discriminatory Examples of Discriminatory AdvertisementAdvertisement

Ads that use certain words to limit the Ads that use certain words to limit the type of renter/buyer the person is looking type of renter/buyer the person is looking for, such as:for, such as:

Using the words “No Men” or “Christians Using the words “No Men” or “Christians only” in an ad to rent an apartmentonly” in an ad to rent an apartment

Using the words “No immigrants” or “Couples Using the words “No immigrants” or “Couples only” in an ad to sell a houseonly” in an ad to sell a house

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Examples of Discriminatory Examples of Discriminatory AdvertisementAdvertisement

Ads that would keep certain people or Ads that would keep certain people or groups of people from renting or buying groups of people from renting or buying housing in an area, such as:housing in an area, such as:

Using the words “Mostly Asian neighborhood” Using the words “Mostly Asian neighborhood” or “quiet, childless neighborhood” in an ad to or “quiet, childless neighborhood” in an ad to sell a homesell a home

Using the words “nearly all Christian families” Using the words “nearly all Christian families” to rent a unit in an apartment buildingto rent a unit in an apartment building

Page 24: Protecting Your Rights: What You Need to Know about Fair Housing Laws

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Does the FHA apply to all types of Does the FHA apply to all types of housing?housing?

The FHA covers most types of housing. The FHA covers most types of housing.

Under the FHA, housing can be places that Under the FHA, housing can be places that are rented or places that are bought.are rented or places that are bought.

This means that apartments, condos, houses, This means that apartments, condos, houses, and mobiles homes can all be covered by the and mobiles homes can all be covered by the FHA.FHA.

Page 25: Protecting Your Rights: What You Need to Know about Fair Housing Laws

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What Housing Is NOT Covered What Housing Is NOT Covered by the FHA?by the FHA?

There are some types of housing that are not covered by There are some types of housing that are not covered by some parts of the FHA:some parts of the FHA:

Buildings with no more than four units where the Buildings with no more than four units where the owner lives in one of the unitsowner lives in one of the units

Single-family homes that are sold or rented without a Single-family homes that are sold or rented without a broker or agentbroker or agent The owner must have no more than 3 homes, must have not The owner must have no more than 3 homes, must have not

sold a house in the last 24 months, and does not use sold a house in the last 24 months, and does not use discriminatory advertisingdiscriminatory advertising

Housing run by private clubs where only club members Housing run by private clubs where only club members live or by religious organizations in some live or by religious organizations in some circumstances (very limited exceptions)circumstances (very limited exceptions)

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SC Appleseed Legal Justice Center

What Housing Is NOT Covered What Housing Is NOT Covered by the FHA?by the FHA?

Don’t Forget:Don’t Forget: Even though those types Even though those types of of

housing are not covered by the FHA, it is housing are not covered by the FHA, it is

still illegal to threaten others or to use still illegal to threaten others or to use

discriminatory advertising to rent or sell discriminatory advertising to rent or sell

housing.housing.

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What if I am disabled? Does the What if I am disabled? Does the FHA give me other rights?FHA give me other rights?

Yes. Under the FHA, if you or someone in your Yes. Under the FHA, if you or someone in your household is disabled, your landlord must let you household is disabled, your landlord must let you make reasonable modifications to your unit or make reasonable modifications to your unit or common areas if you need these to use the common areas if you need these to use the housing.housing.

The reasonable modifications must be paid for by the The reasonable modifications must be paid for by the disabled person or family.disabled person or family.

If it is reasonable, your landlord can make you remove If it is reasonable, your landlord can make you remove the reasonable modifications when you move. the reasonable modifications when you move.

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What are reasonable What are reasonable modifications?modifications?

They are necessary physical changes to the They are necessary physical changes to the housing or common areas to help a disabled housing or common areas to help a disabled person use the housing.person use the housing.

Some examples of reasonable modifications Some examples of reasonable modifications are:are:

Having a doorway widened to fit a wheelchairHaving a doorway widened to fit a wheelchair

Having a ramp added to a unit for a wheelchairHaving a ramp added to a unit for a wheelchair

Having “grab bars” added to a bath tub Having “grab bars” added to a bath tub

* There are special rules for some newer buildings * There are special rules for some newer buildings where these changes must already be made.where these changes must already be made.

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What if I am disabled? Does the What if I am disabled? Does the FHA give me other rights?FHA give me other rights?

If you or someone in your household is If you or someone in your household is disabled, you also have the right to have disabled, you also have the right to have reasonable accommodations made if it will help reasonable accommodations made if it will help you to use the housing.you to use the housing.

The cost of the reasonable accommodation The cost of the reasonable accommodation is not is not paid for by the disabled person.paid for by the disabled person.

A reasonable accommodation must be necessary to A reasonable accommodation must be necessary to help the disabled person using the housing.help the disabled person using the housing.

Page 30: Protecting Your Rights: What You Need to Know about Fair Housing Laws

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What are reasonable What are reasonable accommodations?accommodations?

Reasonable accommodations are Reasonable accommodations are necessary changes to a landlord’s rules or necessary changes to a landlord’s rules or policies to help a disabled person use the policies to help a disabled person use the housing. housing.

Some examples of reasonable Some examples of reasonable accommodations are:accommodations are: Allow a seeing eye dog in a building where Allow a seeing eye dog in a building where

pets are not allowedpets are not allowed Making disabled parking available in front of a Making disabled parking available in front of a

unit for a disabled personunit for a disabled person

Page 31: Protecting Your Rights: What You Need to Know about Fair Housing Laws

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Does South Carolina have a Does South Carolina have a Fair Housing Law?Fair Housing Law?

Yes. South Carolina’s Fair Housing Yes. South Carolina’s Fair Housing Law (found at SC Code Ann. § 31-21-Law (found at SC Code Ann. § 31-21-10 10 et. seq.et. seq.) is very similar to the ) is very similar to the federal law.federal law.

The South Carolina Human Affairs The South Carolina Human Affairs Commission is the agency that Commission is the agency that oversees the SC Fair Housing Law oversees the SC Fair Housing Law (for non-federally funded properties)(for non-federally funded properties)

Page 32: Protecting Your Rights: What You Need to Know about Fair Housing Laws

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What can I do if I think my Fair What can I do if I think my Fair Housing rights have been Housing rights have been

violated?violated? There are two main ways to protect There are two main ways to protect

your rights if you think you have been your rights if you think you have been discriminated against in housing. You discriminated against in housing. You can take advantage of both of these can take advantage of both of these options to better protect your rights.options to better protect your rights.

File a complaintFile a complaint

File a lawsuitFile a lawsuit

Page 33: Protecting Your Rights: What You Need to Know about Fair Housing Laws

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Filing a ComplaintFiling a Complaint If you think you have been discriminated If you think you have been discriminated

against in housing in violation of the against in housing in violation of the federal FHA (i.e., regarding federally-federal FHA (i.e., regarding federally-funded property), you can file a complaint funded property), you can file a complaint with the U.S. Department of Housing and with the U.S. Department of Housing and Urban Development (HUD)Urban Development (HUD)

HUD has a complaint form that you fill HUD has a complaint form that you fill out, or you can write your own letter to out, or you can write your own letter to HUD.HUD.

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Filing a ComplaintFiling a Complaint If you write your own letter to HUD, be If you write your own letter to HUD, be

sure to list sure to list Your name and addressYour name and address The name and address of the person you are The name and address of the person you are

complaining aboutcomplaining about The address of the housing that you were The address of the housing that you were

denied or removed fromdenied or removed from An explanation of what happened (including An explanation of what happened (including

how you feel you were discriminated against)how you feel you were discriminated against) The date(s) that the action occurredThe date(s) that the action occurred

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Filing a ComplaintFiling a Complaint If you live in South Carolina, the HUD office If you live in South Carolina, the HUD office

nearest you where you can send your nearest you where you can send your complaint is:complaint is:Atlanta Regional Office of FHEOAtlanta Regional Office of FHEOU.S. Department of Housing and Urban U.S. Department of Housing and Urban Development Development Five Points PlazaFive Points Plaza40 Marietta Street, 16th floor 40 Marietta Street, 16th floor Atlanta, Georgia 30303-2806 Atlanta, Georgia 30303-2806

You can also call HUD with your complaint at You can also call HUD with your complaint at 1-800-669-9777 or 1-800-440-8091. 1-800-669-9777 or 1-800-440-8091.

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Filing a ComplaintFiling a Complaint Your complaint to HUD must be made Your complaint to HUD must be made

within one yearwithin one year from the date that the from the date that the discriminatory action happeneddiscriminatory action happened

It is important that you keep records of any It is important that you keep records of any negative action taken against you, including negative action taken against you, including the datesthe dates

It is important that you file your complaint on It is important that you file your complaint on time or else you may lose some protectionstime or else you may lose some protections

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Filing a ComplaintFiling a Complaint Because SC has its own state fair housing Because SC has its own state fair housing

law, there is also a state agency that takes law, there is also a state agency that takes complaints on housing discrimination for complaints on housing discrimination for properties that are not federally-fundedproperties that are not federally-funded That agency is the South Carolina Human That agency is the South Carolina Human

Affairs CommissionAffairs Commission

You must file your complaint with the SC You must file your complaint with the SC Human Affairs Commission Human Affairs Commission within 180 within 180 daysdays from the date that you were from the date that you were discriminated against.discriminated against.

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Filing a ComplaintFiling a Complaint The South Carolina Human Affairs The South Carolina Human Affairs

Commission can be reached at:Commission can be reached at:South Carolina Human Affairs South Carolina Human Affairs

CommissionCommissionFair Housing UnitFair Housing Unit2611 Forest Drive, Suite 2002611 Forest Drive, Suite 200P.O. Box 4490P.O. Box 4490Columbia, SC 29204-4490Columbia, SC 29204-4490

Toll-free number:Toll-free number: 1-800-521-07251-800-521-0725

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Filing a ComplaintFiling a ComplaintAfterAfter your complaint is filed, it will be your complaint is filed, it will be investigatedinvestigated

Remember: It is your right to file a complaint if Remember: It is your right to file a complaint if you think you have been discriminated against you think you have been discriminated against

in in housing. In some cases, filing a complaint may housing. In some cases, filing a complaint may help you delay in a discriminatory eviction or help you delay in a discriminatory eviction or work out an agreement with the person who work out an agreement with the person who violated your rights.violated your rights.

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Filing a LawsuitFiling a Lawsuit

You can also file a lawsuit against someone who You can also file a lawsuit against someone who has discriminated against you in housing.has discriminated against you in housing.

Depending upon whether the housing at issue is Depending upon whether the housing at issue is federally-funded or funded by a state or local federally-funded or funded by a state or local agency, a Fair Housing Case might be filed in agency, a Fair Housing Case might be filed in federal court (FHA) or state court (South Carolina federal court (FHA) or state court (South Carolina Fair Housing law)Fair Housing law)

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Filing a LawsuitFiling a Lawsuit

Federal FHAFederal FHA The federal FHA gives you The federal FHA gives you two yearstwo years to file a lawsuit to file a lawsuit

against the person who discriminated against you. against the person who discriminated against you. The two years starts from the date that the The two years starts from the date that the discriminatory action happened.discriminatory action happened.

South Carolina Fair Housing LawSouth Carolina Fair Housing Law The state FHA gives you The state FHA gives you one yearone year to file a lawsuit to file a lawsuit

against the person who discriminated against you. against the person who discriminated against you. The year starts from the date that the discriminatory The year starts from the date that the discriminatory action happened.action happened.

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Filing a LawsuitFiling a Lawsuit

In some cases, making an agreement during the In some cases, making an agreement during the

complaint process may limit your ability to file a complaint process may limit your ability to file a

lawsuit. In other cases, the complaint process lawsuit. In other cases, the complaint process

may be ended once you file a lawsuit. If you have may be ended once you file a lawsuit. If you have

a fair housing problem and think you may want a fair housing problem and think you may want

to file a complaint or file a lawsuit on it, you to file a complaint or file a lawsuit on it, you

should contact a lawyer as soon as you can to should contact a lawyer as soon as you can to determine determine

what course of action is best for your case.what course of action is best for your case.

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Other Federal Laws Available Other Federal Laws Available to Prevent Housing to Prevent Housing

DiscriminationDiscrimination The Civil Rights Act of 1866The Civil Rights Act of 1866

Executive Orders 11063 / 12892Executive Orders 11063 / 12892

Title VI of the Civil Rights Act of 1964Title VI of the Civil Rights Act of 1964

Equal Credit Opportunity ActEqual Credit Opportunity Act

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The Civil Rights Act of 1866The Civil Rights Act of 1866

This was the first civil rights This was the first civil rights legislation passed by Congresslegislation passed by Congress

It was an attempt to enforce the 13It was an attempt to enforce the 13thth amendment, which outlawed slavery amendment, which outlawed slavery

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The Civil Rights Act of 1866The Civil Rights Act of 1866

Prohibits all Prohibits all racialracial discrimination, private discrimination, private and public, in the sale or rental of and public, in the sale or rental of propertyproperty

Applies to state and federal entities, as Applies to state and federal entities, as well as private individuals well as private individuals

Could apply in situations where the Fair Could apply in situations where the Fair Housing Act does not because provides no Housing Act does not because provides no exemptionsexemptions

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Executive Order 11063 – Equal Executive Order 11063 – Equal Opportunity in HousingOpportunity in Housing

Signed by President Kennedy on Signed by President Kennedy on November 21, 1962November 21, 1962

Prohibits housing discrimination on Prohibits housing discrimination on the basis of race, color, religion, and the basis of race, color, religion, and national origin relating to property national origin relating to property where the federal government is where the federal government is involvedinvolved Involvement includes being owned, Involvement includes being owned,

operated, or financed in whole or part operated, or financed in whole or part by the federal governmentby the federal government

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Executive Order 11063 – Equal Executive Order 11063 – Equal Opportunity in HousingOpportunity in Housing

Has been amended to cover gender-Has been amended to cover gender-based discrimination, discrimination based discrimination, discrimination against families with children, and against families with children, and discrimination against people with discrimination against people with disabilitiesdisabilities

President Clinton signed Executive Order President Clinton signed Executive Order 12892, which strengthens the federal 12892, which strengthens the federal government’s commitment to protecting government’s commitment to protecting against housing discriminationagainst housing discrimination

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Title VI of the Civil Rights Act Title VI of the Civil Rights Act of 1964of 1964

Outlaws discrimination based on Outlaws discrimination based on race, color, and national origin in any race, color, and national origin in any program or activity that receives program or activity that receives federal financial assistancefederal financial assistance

Applies primarily to public housingApplies primarily to public housing

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Equal Credit Opportunity Equal Credit Opportunity ActAct

Prohibits creditors, like banks, from Prohibits creditors, like banks, from discriminating against applicants on discriminating against applicants on the basis of race, color, religion, the basis of race, color, religion, national origin, sex, marital status, national origin, sex, marital status, age, or source of incomeage, or source of income

Applies to all aspects of a credit Applies to all aspects of a credit transactiontransaction

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SC Appleseed Legal Justice Center

Additional Federal LawsAdditional Federal Laws

Housing and Community Development Housing and Community Development

Act of 1974Act of 1974

Prohibits discrimination in federally-assisted Prohibits discrimination in federally-assisted community development activitiescommunity development activities

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Additional Federal LawsAdditional Federal Laws

Section 504 and Title II of the Americans Section 504 and Title II of the Americans with with

Disabilities ActDisabilities Act Give protections against discrimination Give protections against discrimination

for persons who are disabled for persons who are disabled Section 504 covers public and federally Section 504 covers public and federally

subsidized housingsubsidized housing Title II of the ADA covers housing Title II of the ADA covers housing

subsidized by state or local agenciessubsidized by state or local agencies

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If You Need Legal Help:If You Need Legal Help:

South Carolina Legal Services Call LATIS at 1-888-346-5592

SC Bar’s Lawyer Referral Service Call 1-800-868-2284