The Federal Fair Housing Act

The Civil Rights Act of 1968 was passed by the U.S. government just days after the assassination of Rev. Dr. Martin Luther King Jr. Title VII of the Act is known as the federal Fair Housing Act. The Fair Housing Act was intended to expand upon previous laws that prohibit discrimination concerning the sale, rental, and financing of homes based on race, religion, national origin, and sex. (HUD "History of Fair Housing") In 1988, amendments were added that make it illegal to discriminate in housing based on disability and familial status. (Jordan)

The Fair Housing Act is a wide-ranging and complex regulation. In some cases the Fair Housing Act violations are clear; for example, when a real estate agent refuses to show a minority family a house in a predominantly white area. In other cases, many of which are applicable to housing for older adults, the violation could be less overt or obvious. For example, unwillingness to modify property to accommodate a resident with a disability, displaying disproportionate representation of certain people in marketing materials, and even implying something during casual conversations with prospective residents (such as what an average residents looks like at the facility) could all lead to violations of the Fair Housing Act.

The Fair Housing Act is relevant to retirement communities because it provides important antidiscrimination rights and protections to applicants and residents in senior housing facilities, assisted-living facilities (ALF), continuing care retirement communities (CCRCs), and nursing homes. All provisions of the Fair Housing Act should be familiar to risk managers at retirement communities—the protections against discrimination due to disability in particular—because older adults are more likely to suffer from disabilities than other population segments. Old age itself is not a disability, but as a person ages, their likelihood of developing a disability increases. For older adults with disabilities, equal opportunity means having a wide range of housing choices. Just because a facility does not hang a "disabled people need not apply" sign does not mean it is not at risk of discriminating against disabled older adults. (Jordan).

The National Fair Housing Alliance (NFHA) estimates that more than 4 million instances of housing discrimination occur each year. Ignorance of the law has been shown to be an inadequate defense for Fair Housing Act violations. As a general rule, organizations should endeavor to treat all prospective residents equally and approach applicants in a way that ensures the widest reach possible, ensuring that no group is excluded and that the Fair Housing Act will not be inadvertently violated. Providers must make admission decisions based on whether the prospective tenant can meet obligations such as paying rent, complying with reasonable rules, refraining from damaging the premises as well as unduly disturbing others. (NFHA "The Case for Fair Housing")

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