What is fair housing?
What is fair housing?Fair housing is the right to choose housing free from unlawful discrimination. The federal Fair Housing Act (FHA) and Ohio laws protect people from discrimination in housing based on the following protected classes: race, color, religion, national origin, sex, familial status, disability, ancestry and military status. Discrimination is illegal in housing transactions such as rentals, sales, lending, and insurance.
Federal and State Laws Protect Survivors of Domestic Violence from Discrimination Violence
Against Women Act (VAWA):
VAWA is a federal law that protects victims who receive public housing assistance, such as Section 8 Project‐Based housing or Section 8 Housing Choice Voucher assistance. VAWA prohibits the Public Housing Authority and public housing providers or landlords from denying an application for assistance or evicting a tenant for reasons that are directly related to their abuse. VAWA also provides additional protections for victims that receive housing assistance, such as emergency transfers and lease bifurcation.
The Fair Housing Act (FHA):
The FHA protects against discrimination based on sex, which some courts believe applies to victims of domestic violence because the majority of victims are women. The FHA covers most housing providers, including landlords of privately owned residences.
The Ohio Revised Code (ORC):
Like the FHA, the ORC protects against discrimination based on sex, which may include victims of domestic violence. The ORC covers all housing providers, including landlords of privately owned residences.
Is this Housing Discrimination?
• Jane rented a unit with a Section 8 voucher. Jane’s ex‐boyfriend came over to the unit and assaulted her on multiple occasions. The Public Housing Authority claimed that Jane allowed her boyfriend to live with her and initiated voucher termination proceedings alleging that Jane allowed her former boyfriend to reside with her. YES!
• Kathy lived in private rental housing, operated by a national property management company, with her daughter and fiancé’. After moving into the unit, Kathy’s fiancé’ became abusive. When she attempted to remove her fiancé’ from the unit, he threatened to kill her and himself. Kathy called the police and had her fiancé’ arrested and pressed charges. She informed management that she wanted to remove him from the lease. A few days later, Kathy was served with an eviction notice. YES!
• Tammy lived in low income tax credit (LIHTC) property, had a Civil Protection Order against her ex‐boyfriend. On one occasion, the ex-boyfriend came over to Tammy’s home, kicked in the door, and broke her window. The property management evicted Tammy for violating her lease because it stated that her failure to properly supervise a guest lead to property damage. YES!