This document summarizes federal and state fair housing laws. It outlines the protected classes under these laws which prohibit discrimination in housing based on race, color, religion, sex, national origin, familial status, and disability. It describes the government agencies that enforce fair housing laws and examples of prohibited discriminatory practices such as redlining, steering, and blockbusting. The document also discusses exceptions to fair housing protections, how to file complaints, and additional protections under Oregon state law.

1. SUPPLEMENTAL HANDOUT ON FAIR HOUSING
Presented by:
Matt Sandler, VP | Oregon State Counsel
WFG National Title Insurance Company

2. 1. INTRODUCTION
a. Taken as a whole, the federal fair housing laws set forth the minimum standards for
preventing discrimination in housing.
b. The Department of Housing and Urban Development (HUD) administers federal fair
housing laws.
c. Local governments can enact fair housing laws that can be stricter than either federal
or state law. However, they can never be less restrictive.
2. THE FEDERAL FAIR HOUSING LAWS (known collectively as THE FAIR HOUSING ACT)
a. Civil Rights Act of 1866. This law prohibits discrimination based on race.
b. Fair Housing Act of 1968 (Title VIII of the Civil Rights Act of 1968). Prohibits
discrimination in housing based on race, color, religion or national origin.
c. Section 504 of the Rehabilitation Act of 1973. Prohibits discrimination against
persons with disabilities in any program or activity receiving Federal financial
assistance. Any housing that receives federal funds, in whole or in part, directly or
indirectly (such as loan guarantees), falls within the scope of this Act.
d. Housing and Community Development Act of 1974. Prohibits discrimination in
housing based upon sex.
e. Equal Credit Opportunity Act of 1974 (ECOA). Prohibits discrimination in lending
based upon race, color, religion, national origin, sex, age, marital status, and because
a person is depending on public assistance income.
i. Note: ECOA only applies to mortgage lending and not to other aspects of
housing.
f. Fair Housing Amendments Act of 1988. This act amends the Fair Housing Act of 1968
by prohibiting discrimination in housing based upon disability or familial status
(presence of children under 18, pregnant women). The 1988 amendment also creates
an exemption to the provisions barring discrimination based upon familial status for
those housing developments that qualify as housing for persons age 55 or older.
g. Title II of the Americans with Disabilities Act of 1990 (ADA). Title II of the ADA
prohibits discrimination against persons with disabilities in all services, programs and
activities made available by State and local governments, including those that do not
receive Federal financial assistance.
h. The Housing for Older Persons Act of 1995 (HOPA). Makes several changes to the
fifty-five (55) and older exemption provided for in the 1988 amendments to the Fair
Housing Act.
i. Taken together, the Federal Fair Housing Laws protect seven (7) classes of persons:
i. Race;
ii. Color;
iii. Country of National Origin;
iv. Religion;
v. Sex;
vi. Handicapped Individuals (disability); and
vii. Familial Status (families with children under 18 and pregnant women).
j. Housing that is NOT covered by the Fair Housing Act (i.e., Exemptions) includes:

3. i. Rental housing of four or fewer apartments in which the landlord is living;
ii. Single family housing that is rented or sold by an owner who does not use a
broker, real estate agent, or any form of advertising and the owner does not
own more than three such homes at one time. Only one such sale by an owner
who does not live in the dwelling at the time of the transaction, or who is not
the most recent occupant, is exempt from the law within any 24-month
period.
iii. Dwelling units owned by a religious organization may be restricted to
members of that religious organization so long as the membership in the
religion is not limited on the basis of race, color, or national origin.
iv. Private clubs that are not open to the public may restrict the rental of its
lodging units to members of the club, so long as the lodging units are not
operated commercially.
v. Housing does not have to be made available to any individual whose tenancy
would pose a threat to the health and safety of other tenants or would result
in potential substantial physical damage to the property being rented.
HOWEVER these exemptions never apply to racial discrimination or when a
real estate agent is involved.
k. Examples of Prohibited Conduct or Actions under Federal Fair Housing Laws
i. Unless an exemption applies, it is against federal law to discriminate against
anyone in the seven (7) protected classes in the following ways (note, this is
not an exhaustive list):
1. To refuse to rent or sell housing;
2. To refuse to negotiate for housing;
3. To make housing unavailable;
4. To deny a dwelling;
5. To process an application more slowly or otherwise act to delay, hinder
or avoid the sale, rental, or financing of property;
6. To set different terms, conditions or privileges for sale;
7. To channel or steer any person towards or away from a property.
l. Publicly Funded or Subsidized Housing
i. Housing that is supported in any way by federal funds it is known as public
housing;
ii. Public housing is subject to the broadest range of anti-discriminatory
practices. The only fair housing exemptions in publicly funded housing are
those persons who are a direct threat to others or those who would cause
substantial damage to the property.
m. Occupancy Standards
i. The Fair Housing Amendments Act of 1988 specifically addresses the issue of
local regulations regarding occupancy. Local and state occupancy regulations
are not prohibited, so long as they are reasonable. Reasonable is generally
considered two persons per bedroom, plus one additional person.

4. ii. Landlords cannot restrict the number of occupants in order to eliminate
families with children.
3. FURTHER DISCUSSION OF (SOME) OF THE PROTECTED CLASSES
a. Race, Color, National Origin, or Religion
i. Discrimination of individuals because of race was originally prohibited in the
Civil Rights Act of 1866. Color, national origin, and religion were added
protected classes under the Fair Housing Act of 1968.
ii. In addition, the Supreme Court expanded the definition of race to include
ancestral and ethnic characteristics, including certain physical, cultural and
linguistic characteristics that are shared by a national origin group.
b. Disability
i. The Fair Housing Act of 1988; Section 504 of the Rehabilitation Act of 1973;
the Americans with Disability Act of 1990.
ii. Definition of Handicap or Disability. A disability is a physical or mental
impairment that substantially limits one or more major life activities.
1. Major life activities include breathing, walking, hearing, seeing,
learning, speaking, or working.
iii. Exclusions from Protection Based on Disability
1. The Americans with Disabilities Act of 1990 specifically excludes certain
categories of behavior or disorder from its covered protected classes.
2. These unprotected classes are:
iv. Fair Housing Laws as Applied to those with Disabilities (examples)
1. It is unlawful to refuse to rent to someone with a disability;
2. It is unlawful to make a false statement that housing is not available
when housing is available;
3. It is unlawful to apply special rules requiring extra deposits or rental
charges;
4. It is unlawful not to make reasonable accommodations or
modifications for those persons with disabilities.
5. It is unlawful not to permit or make building modifications.
6. Modifications that are necessary to common areas, such as the lobby,
main entrance, or laundry room, for the full use and enjoyment of the
housing by a disabled person are to be made at the expense of the
owner.
v. Universal Design for New Buildings. All new residential units (in buildings of
four or more units), which were first put in service after March 13, 1991, were
required to meet new construction requirements including accessibility
features called "universal design" under the Fair Housing Amendments of
1988.
vi. The Americans with Disabilities Act of 1990 (ADA)
1. The ADA addresses discrimination in the areas of employment, public
services, public accommodations, commercial facilities, and in
telecommunications.

5. 2. Title III of the ADA defines public accommodations and commercial
facilities and it applies to almost all commercial buildings and facilities.
a. Public accommodations include offices open to the public,
inns, motels, bars, restaurants, movie theaters, retail
establishments, service establishments, professional offices,
public transportation facilities, schools and recreational
facilities.
b. Commercial facilities are those facilities that are intended for
nonresidential use and whose operation affects commerce.
3. The ADA requires all reasonable accommodations in employment and
access to goods, services and public buildings be made by employers
and building owners.
c. Familial Status
i. The Fair Housing Amendments Act of 1988 added familial status as a protected
class to the Federal Fair Housing Act of 1968. It is unlawful under this act to
deny housing to families with children under the age of 18 living with their
parents or legal custodians, or to any woman who is pregnant.
ii. The single exception to this rule is housing that meets the definition of housing
for older persons.
4. FAIR HOUSING PRACTICES
a. Redlining. Redlining is the refusal to make mortgage loans or issue insurance policies
in specific geographical areas for reasons other than the qualification of the applicant.
b. Steering. Steering is the act of deliberately discouraging buyers from considering
specific neighborhoods or channeling them to particular neighborhoods based on the
licensee’s assumed preferences of the buyer regarding racial, religious, or national-
origin composition of a neighborhood.
c. Blockbusting. Blockbusting is when real estate licensees manipulate homeowners
into selling their homes by spreading rumors about ethnic or other minorities moving
into the neighborhood.
d. Appraising. When coming up with a property value, appraisers, agents, other
professionals, may consider all factors that affect value except factors of race, color,
religion, national origin, sex, handicap and familial status.
e. Advertising. Advertising that indicates a preference or limitation on the type of people
to which a property is available to buy or to rent is considered discrimination. In
addition, any type of advertising that may be perceived as discriminatory is not
permitted.
5. FAIR HOUSING COMPLAINTS
a. Department of Urban Development (HUD) has been given the responsibility of
enforcing the Federal Fair Housing Act.
b. An individual who feels discriminated against can file a complaint with HUD.
c. HUD can initiate an action even if a member of the public does not make a complaint.

6. 6. EQUAL CREDIT OPPORTUNITY ACT (ECOA)
a. In 1974, Congress passed the Equal Credit Opportunity Act (ECOA). This act is also
known as Title VII of the Consumer Protection Act and is applicable to all credit
situations – consumer credit, applications for a mortgage, home refinance or home
improvement loans.
b. ECOA adds the classifications of marital status, age, and source of income as additional
protected classes with respect to credit applications.
7. OREGON AND LOCAL FAIR HOUSING LAWS
a. The federal fair housing laws are the minimum fair housing and anti-discrimination
standards.
b. Oregon has added protection for the following additional groups:
i. Marital Status. No discrimination in purchasing or renting housing in Oregon
based on marital status is permitted. This means that two single people living
together but not married cannot be discriminated against.
ii. Source of income. No discrimination is allowed against a buyer or rental
applicant because of their source of income. This means housing cannot be
denied because income comes from government assistance, etc. The
adequacy of the income can be considered but not its source.
8. CONCLUSION