When you seek to buy or rent housing, the main factor in whether or not you get it should be your ability to pay for and take care of it.
Otherwise, you could be a victim of housing discrimination.
Fortunately, Americans have the power to fight housing discrimination thanks to the Federal Housing Act.
This law makes it illegal to discriminate against someone based on their race, color, religion, national origin, gender, disability, ancestry or familial status in rental housing, real estate sales, lending, insurance and any other financial or housing-related service.
“It’s an imperative piece of legislation,” said Akia Haynes, deputy director and general counsel of the Indiana Civil Rights Commission (ICRC).
Also known as the Civil Rights Act of 1968, the fair housing legislation was passed by Congress after a long and difficult process, then signed into law by President Lyndon Johnson on April 11 of that year, just days after the assassination of Dr. Martin Luther King Jr., who fought tirelessly for its passage.
With April being Fair Housing Month and the nation celebrating the 45th anniversary of the Fair Housing Act, federal and state officials say the law is still absolutely necessary.
“We are much further along than we were in 1968 in terms of overall attitudes about discrimination in housing, but it still rears its ugly head from time to time,” said Joe Hogsett, U.S. Attorney for the Southern District of Indiana, the area’s senior federal prosecutor. “Some of the same barriers and prejudices still exist.”
Henrietta Poindexter, a program director for the ICRC, agrees, noting that housing discrimination has become “more sophisticated,” but it is still out there. She added that the issue is taking on even greater importance now, with an increase in the number of seniors who retire, sell their primary homes and move into apartments or other housing options.
“There is still a need to push fair housing,” Poindexter said. “It is our job to inform people who need housing as well as those who provide the housing of their rights.”
Federal and state officials take violations of the Fair Housing Act very seriously, and they have strong mechanisms in place to enforce the law. Those who violate it can face hefty fines as well as imprisonment.
In January, the U.S. Attorney’s office formed a new Civil Rights Task Force, which includes civil and criminal lawyers whose primary responsibility is to enforce rights such as discrimination-free housing.
“They have done a great deal of outreach throughout the district,” said Hogsett.
In addition, the task force has worked with the U.S. Justice Department to help find local residents who are eligible to receive funds in a $335 million settlement between prosecutors and Countrywide Financial Corp.
Countrywide allegedly charged more than 200,000 African-American and Hispanic borrowers higher loan fees and interest rates than white borrowers. Anyone who received a Countrywide loan between 2004 and 2008 has until April 29 to claim settlement funds by calling 1-800-843-5148 or sending an email to info@cwflsettlement.com.
Under Hogsett, the U.S. Attorney’s office has taken high profile housing discrimination cases, including a series of cross-burnings against an African-American family in Muncie and last year’s conviction of Sheryl Small, who threatened an African-American woman and her mother as they were being shown a home on the Westside of Indianapolis.
Hogsett noted that the majority of housing cases his office handles have been related to racial discrimination in rentals and mortgages. However, he has also noticed cases involving gender and sexual harassment in housing, as well as families with children being denied on apartment applications.
For the ICRC, addressing housing discrimination is a top priority.
This week, Haynes announced that following the investigation of a recent complaint, it found probable cause to believe that Granite Management LLC, wrongfully evicted a disabled tenant for not paying a pet fee for a service animal.
This practice is a violation of the housing act, since service animals are covered by federal laws because they are used to assist people with disabilities.
Haynes and Poindexter said ICRC cases show that with housing, racism is still prevalent, but there is also an increasing number of discrimination cases related to disabled Hoosiers and appraisals of homes.
In addition to thorough investigations of claims, reaching out to local organizations and empowering them to help address discrimination is a major goal of the ICRC, especially in areas of the state where there is not a strong civil rights presence.
“We have a lot of outreach taking place, and we want to have a grassroots connection with people throughout the state,” said Poindexter.
Both the U.S. Attorney’s Office and the ICRC say that it is still common to receive complaints about landlords who give false information about the availability of housing, steer home-seekers to other areas and use harassment to take advantage of low-income individuals with limited housing options.
In addition to government entities such as the U.S. Attorney’s Office and the ICRC, there are community organizations such as the Fair Housing Center of Central Indiana (FHCCI), a private, non-profit housing organization established in 2011.
Discrimination and you
People who feel they have been discriminated against in a housing or lending situation are encouraged to take certain steps to ensure they receive justice.
“Just be aware of the situation,” Haynes said. “Pay attention to dialogue and everything that occurs. Take notes if you feel something weird is going on. Write down as many details as you can and not just rely on your memory, because a clear description can really aid the investigation.”
Some people know without a doubt that they have encountered discrimination in a housing or lending situation, but feel they may not be able to prove it. Still, they are encouraged to file a complaint by both the U.S. Attorney’s office and the ICRC.
“Our lawyers can assist you in obtaining appropriate types of evidence and information needed to support a claim,” Hogsett said.
Haynes encouraged concerned individuals to also contact or visit the ICRC. It has an intake staff that will review a claim and conduct an investigation. Sometimes the ICRC conducts undercover tests on alleged offenders by sending both a white and minority applicant to see if there is any difference in treatment.
“We travel through a variety of avenues then ultimately come to a determination as to whether the claim has merit,” Haynes said.
She added that the societal issues that cause housing discrimination are still unresolved, but that the ICRC is always ready to fight it.
“Until we arrive at the day where no one can allege discrimination because everyone is acting in a fair manner, we need to make sure people feel that their rights are secure and that they have a venue to seek justice,” Haynes said.
To file a complaint with the U.S. Attorney’s Office, visit justice.gov/uso/ins, or call (317) 226-6333. To file a complaint with the Indiana Civil Rights Commission, visit in.gov/icrc/, call (317) 232-2600 or stop by the office at 100 N. Senate Ave.
The Fight Continues
In celebration of the 45th anniversary of the Fair Housing Act, a conference entitled “Equal Housing Is Still the Issue” will be held on April 18 at the Indiana Government Center (South), 402 W. Washington St. Registration begins at 8 a.m.
Throughout the free event, presenters will provide information on fair housing laws, court cases, recent reports, legislative action and current activities. Also, Bernard Kleina’s exhibit of special photographs from historic civil rights movement events will be on display.
The event is being presented by the Fair Housing Center of Central Indiana, the Indiana Civil Rights Commission and the U.S. Department of Housing and Urban Development. For more information, call (317) 644-0673 or visit fhcci.org.
