Finding the right Houston apartment for you shouldn't be a hassle. Houston Apartment Insiders can help. If you're worried that your special needs might make it difficult for you to land an apartment, remember that the U.S. government has your back, too. The Federal Fair Housing Act makes it illegal for anyone leasing or selling a home to discriminate against you because of your “race, color, religion, sex, handicap, familial status, or national origin.” We want you to understand all of your rights as an apartment renter. Click here for a quick summary of your rights under federal law.
Craigslist: An Example and a Resource
In 2006, Craigslist was sued by the Chicago Lawyers' Committee for Civil Rights Under Law, who accused it of violating the Fair Housing Act by letting people post roommate, rental, and home sale ads with discriminatory language. The suit was dismissed because web forums are not legally liable for ads or opinions posted by their users. Craigslist also pointed out that their community-based flagging system helps protect their readers from discriminatory ads: If you see an ad that clearly violates the law (for example, one that says “female only,” “no kids,” or “no wheelchairs”), you can flag it by clicking “prohibited” in the upper right corner of the page. Once several users have flagged any ad, it will be taken down.
Even though that legal precedent keeps it relatively safe from lawsuits, Craigslist is still helping its users obey the Federal Fair Housing Act. The Craigslist web site offers a thorough explanation of renters' rights, complete with answers to frequently asked questions.
Understanding Your Rights
Check the Craigslist page linked above for the answers to many common questions. The always helpful Texas Tenant Advisor gives a quicker explanation of the basics of fair housing laws. Here are some helpful hints:
- Some states have additional fair housing laws, including laws against discrimination based on sexual orientation, age, or marital status. Texas is not one of those states.
- “Familial status” protects families with children or adults who may soon have children (including pregnant women and people working on getting custody of their kids) against discrimination in the leasing process and against rules or policies that have an unfairly large impact on kids or families. Unfortunately, this does not protect you from discrimination based on your sexual orientation or marital status.
- Housing for senior citizens is exempt from the “familial status” rule, meaning that senior communities can prevent families with kids from moving in. They still can't discriminate against people in any of the other protected categories.
- “Handicap” refers to physical or mental disabilities that limit major life activities. State and federal laws lay out the specifics of what legally counts as a “handicap.” Landlords cannot refuse to rent to anyone because of a legally recognized handicap, and they must let you make reasonable changes to your apartment (at your expense) to make it possible for a person with a handicap to use the apartment. The Americans With Disabilities Act provides more protections for renters with physical or mental challenges.
What to Do if You Believe Your Rights Have Been Violated
Housing discrimination has been illegal for over 40 years, but it does still happen. If you believe your rights under the Federal Fair Housing Act have been violated, the Federal Department of Housing and Urban Development wants to know about it. Their web site lets you file a complaint online, and tells you how to phone them or write them a letter, if you'd rather do that. Be sure to flag any discriminatory ads on Craigslist, too—and if you feel your rights have been violated at an apartment complex we've sent you too, please let us know!
Please report illegal discrimination if you see it. You'll help make the world a fairer place for all renters.
Posted by Melanie Belasco Levy on 07/21/11
