Equal Opportunity Housing is the belief that all people should have “equal opportunity” when it comes to renting or purchasing real estate. This is commonly used to refer to anti-discrimination regulations and laws enacted by state and federal governments. The phrase “Fair Housing” is frequently used in conjunction with the term.
The Fair Housing Act is an example of an equal opportunity housing regulation since it makes it illegal to discriminate against renters or buyers based on their:
As a result, infractions of such laws may result in legal consequences. These are referred to as housing discrimination suits.
Fair housing rules require organizations to take reasonable steps to ensure meaningful access to their programs and activities for people with limited English proficiency (LEP) and to take appropriate steps to ensure effective communication with people with disabilities by providing appropriate auxiliary aids and services.
Various federal fair housing and civil rights laws require the United States Department of Housing and Urban Development (HUD) and its program participants to actively promote the Fair Housing Act’s objectives.
Who Is Eligible for Equal Opportunity in Housing?
To be eligible for this benefit program, you must demonstrate that you were denied housing or financial aid due to prejudice.
The public housing agency (PHA) in your area determines your eligibility for any of the housing programs. The federal agencies that manage funding distribution will have general standards for eligibility, but the local agency will make the final decision on eligibility for any of the housing programs.
Citizens and lawful permanent residents can apply for housing programs. Income and family size are the primary determinants of qualifying for this accommodation. Gross annual income is the financial criteria used, and larger families with children will generally gain precedence from local agencies.
Generally, the family’s income cannot exceed half of the median income in the municipality of the family’s chosen property. The PHA will provide 75% of its vouchers to families and people earning less than 30% of the municipality’s median income. HUD determines and publishes median income levels.
Mixed homes include non-resident individuals as well as at least one citizen or lawful resident. At the local level, eligibility is restricted. A mixed household, on the other hand, is not inherently ineligible for subsidized housing benefits.
Although there is no hard and fast rule that all local agencies must follow, PHAs often prioritize homeless families, families who pay more than half of their income in rent, involuntarily displaced people and families, and families living in inadequate housing in the area.
Is Equal Housing Opportunity Applicable to Felons?
While federal law does not prohibit criminal background checks, the United States Department of Housing and Urban Development (HUD) issued guidelines on how the Fair Housing Act applies to housing programs involving criminal background checks.
Criminal background checks are frequently employed as screening criteria to evaluate acceptable applicants for rental accommodation. These examinations have become a barrier to securing housing for persons with criminal backgrounds.
Many formerly jailed people who have paid their obligation to society face further consequences outside of the courts, such as being barred from participating in the property market.
HUD acknowledges racial and ethnic imbalances in the criminal justice system, such as disproportionate and unequal rates of arrests and convictions, as well as harsher sentencing of African Americans and Latinx groups in particular.
As a result of this disparity, these protected classes bear a disproportionate burden, which may constitute a violation of the Fair Housing Act. HUD has issued recommendations to alleviate this housing barrier.
HUD published guidance in 2016 on how to apply Fair Housing Act Standards to the use of criminal records screening in housing transactions. HUD published a memo in 2022 that confirms its 2016 guidance on this area and even advises private housing providers to avoid screening clients for criminal history.
This policy forbids:
- Housing being denied based on arrest history
- Anyone with a criminal record being barred from entering
- Conducting background checks inconsistently, executing them on some people but not on others based on prejudices or fear
A landlord must also:
- Consider individuals on a case-by-case basis, evaluating the nature and severity of the offense, as well as the amount of time since the act was committed
- Make a decision based on facts and evidence rather than a perceived threat
Individuals might be legally denied housing if their recent criminal record makes them unsafe to other renters or neighbors. The denial must be supported by credible evidence and not be speculative or hypothetical.
Evidence must be provided establishing that the housing provider has a substantial, genuine, nondiscriminatory interest in the denial.
HUD laws governing federally-assisted housing allow two permanent bans:
- Applicants who have a lifetime obligation to register as a sex offenders; and
- Applicants who have been convicted of making methamphetamine on federally-assisted property.
Examples of potential discrimination based on criminal records include the following:
- A landlord who refuses to rent to a renter who did time in prison for robbery or drug possession 30 years ago but has not been in problems with the law since
- Any applications where the potential tenant has checked the box asking if they have ever been convicted of a felony are immediately rejected by a housing provider.
- A housing provider denies housing based on a person’s criminal past in order to discriminate on another basis, such as the person’s sexual orientation, handicap, or national origin.
- Discrimination against an individual who has a criminal record due to a previous drug addiction but has since finished a rehabilitation program. (Being in drug rehabilitation is considered a disability under the Fair Housing
- Amendments Act of 1988, which prohibits disability discrimination and contains extra safeguards such as reasonable accommodations and reasonable modifications.)
What If I Have a Housing Discrimination Claim?
Housing discrimination cases are often handled by your state’s Fair Housing agency or a comparable entity. These are administrative bodies that handle claims of housing discrimination.
When filing with such an organization, you will very certainly be required to supply vital information that will aid in the proof of your claims, such as your contact information and a description of the claimed prejudice. There will also be filing deadlines for your claim (i.e., you must file within one year after the housing discrimination occurred, etc.).
Federal cases can sometimes be heard through the US Department of Housing and Urban Development. However, you may need to file at the state level before a federal probe can begin.
Finally, before you can initiate a private case, you must normally file with a state or federal housing authority.
What Is Family Status Housing Discrimination?
Laws also include “family status discrimination” or “familial status” as categories of housing discrimination.
Typically, family status refers to whether an applicant has children or is pregnant. A property owner, for example, may not discriminate against a prospective renter just because they have children. This is against the Fair Housing Act and may result in sanctions.
The terms equal housing lender and equal opportunity lender are interchangeable and refer to all banks in the United States that the Federal Deposit Insurance Corporation insures.
Do I Need a Lawyer for Help With Equal Opportunity Housing Issues?
Housing discrimination is a severe issue that is strictly controlled and punished.
If you need assistance filing an equal opportunity housing claim, you may need to engage a real estate lawyer.
Your lawyer can help you with your case and ensure you receive the legal remedy to which you are entitled. Each state’s housing regulations may change slightly, but your attorney can clarify your rights under your state’s guidelines.
