Speaking from the bar

Last semester three students contacted the Students’ Legal Assistance Office and stated that they believed that the manager of a local apartment complex had refused to rent an apartment to them because of the students’ race and/or national origin. The Office investigated the matter and, pursuat to Title 8 of the Civil Rights Act of 1968, filed a housing discrimination complaint on behalf of the students with the U.S. Department of Housing and Urban Development (HUD).

The matter was recently resolved, wherein the landlord, without admitting liability, agreed to change his business practices, and pay substantial monetary damages to the aggrieved students.

Title 8 of the Civil Rights Act, also known as the Fair Housing Act, mandates that all individuals have an equal opportunity to obtain housing. The act declares it to be our national policy to eliminate ghettos and segregation and replace them with integrated communities. The purpose of this column is to review the highlights of this important law, and amendments recently enacted by Congress.

The Fair Housing Act prohibits any act that discriminates against a person or persons based on race, color, religion, sex, national origin, familial status or handicap. Such acts include the following:

1. Refusing to sell, rent or negotiate, for example by refusing to process an offer of rental or not communicating an offer to rent accurately or refusing to show listings.

2. Discriminating in the terms of rental as by charging different security deposits, fees or rents; using different income standards, application fees or credit standards; or by assigning a person to a particular floor or building based on race, national origin, sex, etc.

3. Discriminating in advertising by stating a dwelling is only available to persons of a particualr sex, color, etc.; or denying that housing is available when it actually is or discouraging any person from inspection, buying or renting a dwelling.

The prohibitions covered in the federal fair housing law apply comprehensively to most types of student housing in DeKalb, including all multiple family dwellings containing five or more units, all multi-family dwellings containing four or fewer units if the owner does not reside in one of the units; and single family housing if the housing is not owned by a private individual or if the private owner uses a broker or discriminates in advertising the dwelling.

Any person who claims to have been injured by a discriminatory housing practice or believes that he or she will be injured by a discriminatory housing practice that is about to occur can file a complaint under the law.

Any person in the business of selling or renting dwellings (by law “persons” include individuals, corporations, partnerships, associations, labor organizations, legal representatives, trusts) and any broker or agent or employee including any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings including: offers, solicitations or contracts and the administration of matters regarding any real estate related transactions, can be sued for engaging in acts of discrimination.

The Fair Housing Law was amended effective March 12 to provide an administrative enforcement mechanism and stiffer penalties for violations of the law. If you believe you have been a victim of housing discrimination contact an attorney. If you are a student, Students’ Legal Assistance can assist you. The Discrimination Hot Line (753-1414, during office hours and 753-1311, at night) serves students, faculty, and staff. An aggrieved person has one year from the date of the alleged occurrence to file a complaint with HUD. Preprinted complaint forms can be obtained by writing or calling HUD, 300 South Wacker Drive, Chicago, Il. 60606, (312) 353-7776.

If after an investigation HUD finds reasonable cause, the department can file suit in federal court on behalf of the aggrieved person. The government will represent the complaintant and can seek both compensatory and punitive damages.

In addition, if the investigation indicates that there is a pattern or practice of violation of the Fair Housing Law, an additional claim for civil penalties can be made which in a first offense shall not exceed 10 thousand dollars. Remedies are also available under the Illinois Human Rights Act and the Dekalb Municipal Ordinances.

Donald Henderson

Lynn Richards

Students’ Legal Assistance

Editor’s note: The preceding column was written to educate students about their legal housing rights. Legal terms and language were used to avoid any confusion about students’ rights. See related letter above.