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The Leadership Conference on Civil and Human Rights

The Nation's Premier Civil and Human Rights Coalition

The Leadership Conference on Civil and Human Rights  & The Leadership Conference Education Fund
The Nation's Premier Civil and Human Rights Coalition
Fair Housing. It's not an option, it's the law.

State and Local Fair Housing Enforcement Laws

 

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Many states have some form of statute that can be invoked to redress discrimination in the sale or rental of housing.

Alaska

AK ST § 18.80.210 - Civil rights includes the opportunity to obtain employment, credit and financing, public accommodations, housing accommodations, and other property without discrimination because of sex, physical or mental disability, marital status, changes in marital status, pregnancy, parenthood, race, religion, color, or national origin.

California

CA GOVT § 12955 - Unlawful to discriminate against or harass any person in regard to housing because of the race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability of that person

Housing Chapter 3

Connecticut

Housing Law- Unlawful discriminatory practice to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, creed, color, national origin, ancestry, sex, marital status, age, lawful source of income or familial status. Complaints must generally be filed within 180 days of the date of the alleged act of discrimination or within 180 days of the date that you became aware of the act. Complaints must be in writing and under oath.

Delaware

6 Del. C. 1953, § 4603 - This chapter is intended to eliminate, as to housing offered to the public for sale, rent or exchange, discrimination based upon race, color, national origin, religion, creed, sex, marital status, familial status, age or handicap.

Title 25

District of Columbia

DC ST § 2-1402.21 - Prohibits any of the following acts, wholly or partially for a discriminatory reason based on the actual or perceived: race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business of any individual.

Florida

Fla. Stat. §§ 760.20-760.60 - Act prohibits discrimination based on race, color, national origin, sex, handicap, familial status, or religion. Aggrieved person may file a civil lawsuit within two years after discriminatory act. Florida Commission on Human Relations website: http://fchr.state.fl.us/

Georgia

O.C.G.A. §8-3-200, et. seq. (1996) - Act prohibits discrimination based on race, color, religion, sex, disability or handicap, familial status, or national origin. Aggrieved person may file Complaint not more than one year after discriminatory act. Georgia Human Relations Commission website: http://www.ganet.org/ghrc/

Hawaii

HRS § 515-3 - Statute prohibits discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, because of race, sex, color, religion, marital status, familial status, ancestry, disability, age, or HIV (human immunodeficiency virus) infection

Idaho

ID ST § 67-5909(7) - Prohibits discrimination against a person on the basis of race, color, religion, sex, or national origin in all real property transactions.

Illinois

775 ICLS 5/ 1-101 - Title, policy and definitions

775 ICLS 5/ 3-101 - Real Estate Transactions

775 ICLS 5/ 4-101 - Financial Credit

775 ICLS 5/ 7B-101 - Department of Human Rights; Procedure Under Article 3

Indiana

IC 22-9.5-1 - Purpose and Rules of Construction

IC 22-9.5-10 - Offenses

IC 22-9.5-3 - Exemptions

IC 22-9.5-5 - Discrimination Prohibited

IC 22-9.5-6 - Administrative Enforcement

Iowa

I.C.A § 216.10 - Unfair credit practices.

I.C.A § 216.11 - Aiding, abetting, or retaliation

I.C.A § 216.11A - Interference, coercion, or intimidation

I.C.A § 216.12 - Exceptions

I.C.A § 216.12A - Additional housing exception

I.C.A § 216.15A - Additional proceedings--housing discrimination

I.C.A § 216.16A - Civil action elected--housing.

I.C.A § 216.17A - Civil proceedings--housing.

I.C.A § 216.8 - Unfair or discriminatory practices--housing

I.C.A § 216.8A - Additional unfair or discriminatory practices--housing.

I.C.A § 216C.11 ? - Service dogs and assistive animals.

Kansas

§ 39-1102

§ 44-1001

§ 44-1005

§ 44-1016

§ 44-1017

§ 44-1018

§ 44-1019

§ 44-1026

§ 44-1027

§ 58-1402

§ 58-1403

§ 58-1404

§ 58-1406

K.S.A. § 44-1017 - Same; unlawful acts as to real estate loans

K.S.A. § 44-1018 - Same; application of act

K.S.A. § 44-1019 - Same; complaints; referral to local authority, when; investigation; administrative proceedings; election to file action in court; administrative remedial orders

K.S.A. §?44-1026 - Same; unlawful acts; enforcement of section

K.S.A. §?44-1027 - Same; unlawful act; penalties

K.S.A. §?58-1402 - Same; design and construction standards.

K.S.A. §?58-1403 - Same; application to new dwellings

K.S.A. §?58-1404 - Same; condition of release of public financial assistance

K.S.A. §?58-1406 - Same; when act not applicable

K.S.A. § 39-1102 - Use of guide dogs by totally or partially blind persons; liability

K.S.A. § 44-1001 - Title of act; declaration of state policy and purpose

K.S.A. § 44-1005? - Complaints; investigation; proceedings; remedial orders; dismissal of certain complaints, when, procedure and effect

K.S.A. § 44-1016 - Same; unlawful acts in connection with sale or rental of real property

Kentucky

KY Rev. Stat. Ann. § 344.360, §§ 344.600-344.680 - Act provides for fair housing based on race, color, religion, sex, familial status, disability or national origin. Complaints may be filed within one year of alleged act of discrimination. Kentucky Commission on Human Rights -- Fair Housing Page: http://www.state.ky.us/agencies2/kchr/housinglaws.htm

Maine

ME Rev. Stat. Title 5, Part 12, Ch. 337 §4582 - Unlawful housing discrimination to refuse to show or refuse to sell, rent, lease, let or otherwise deny to or withhold from any individual housing accommodation because of the race or color, sex, physical or mental disability, religion, ancestry, national origin or familial status of the individual.

Maryland

MD. Code Ann. 49B §§19-39 - Act provides fair housing regardless of race, color, religion, sex, familial status, national origin, marital status, sexual orientation, or disability. Aggrieved person may file Complaint with Human Relations Commission not more than one year after Act.

Massachusetts

Mass. Gen. Law Chapter 151B - Unlawful practice to discriminate against any person because of his race, religious creed, color, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, age, ancestry, or marital status or because such person is a veteran or member of the armed forces, or because such person is blind, or hearing impaired or has any other handicap in the terms, conditions or privileges of such accommodations or the acquisitions thereof, or in the furnishings of facilities and services in connection therewith, or because such a person possesses a trained dog guide as a consequence of blindness, or hearing impairment

Michigan

§ 37.1102

§ 37.1502

§ 37.2102

§ 37.2502

§ 37.2503

Minnesota

M.S.A. § 363.03 - Grievances

M.S.A. § 363.03 Subd. 2 - Unfair Discriminatory Practices

M.S.A. § 363.033 - Rental Housing Priority; accessible units

M.S.A. § 363.101 - Unfair discriminatory practice a misdemeanor

M.S.A. § 363.12 - Declaration of policy

M.S.A. § 363.14 - Court actions, suits by private parties, intervention, district court jurisdiction, attorney's fees, and costs

Missouri

Section 213.040 - Unlawful housing practices--discrimination in housing--sufficient compliance with other standards--local government compliance --construction of law--housing for older persons, defined--conviction for controlled substances, effect--religious organizations, effect of.

Section 213.045 - Discrimination in commercial real estate loans prohibited.

Section 213.050 - Discrimination in selling or renting by real estate agencies prohibited

Section 213.070 - Additional unlawful discriminatory practices.

Section 213.075 - Complaints to commission, how filed, when--filing with federal agencies, effect--duties of executive director--respondents--hearing, notice, procedure--attorney general to represent commission--appeal, discovery--effect of orders of commission

Section 215.110 - Discrimination prohibited.

Montana

Mont. Code Anno., § 49-2-305 - Prohibits discrimination in housing based on someone's race or color, national origin, religion, sex (gender), familial status, handicap, creed, marital status, or age. Retaliation against anyone who exerts their civil rights under this act is prohibited. The Fair Housing Acts cover most housing and all transactions related to the selling, purchasing or rental of housing, including mortgage lending. In some circumstances, the Acts exempt owner-occupied buildings with no more than four units (state law states no more than two units), single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

Nebraska

Neb.Rev.St § 20-321 - Multiple listing service; other service, organization, or facility; discriminatory practices prohibited.

Neb.Rev.St § 20-322 - Religious organization, private home, private club, or housing for older persons; restricting use not prohibited; local restrictions; how treated; controlled substances; illegal activities; effect.

Neb.Rev.St § 20-323 - Affirmative action required; cooperation with commission.

Neb.Rev.St § 20-326 - Discriminatory housing practice; complaint; procedure; investigation.

Neb.Rev.St. § 20-131.01 - Full and equal enjoyment of housing accommodations; statement of policy.

Neb.Rev.St. § 20-131.03 - Housing accommodations; modification; not required.

Neb.Rev.St. § 20-131.04 - Dog guide, hearing aid dog, or service dog; access to housing accommodations; terms and conditions.

Neb.Rev.St. § 20-168 - Employment, dwelling, school district, place of public accommodation; discrimination prohibited; civil action; authorized

Neb.Rev.St. § 20-302 - Civil rights; policy of state

Neb.Rev.St. § 20-318 - Unlawful Acts Enumerated

Neb.Rev.St. § 20-319 - Handicapped person; discriminatory practices prohibited; design and construction standards; enforcement of act

Neb.Rev.St. § 20-320 - Transaction related to residential real estate; discriminatory practices prohibited.

Nevada

NRS § 118.100 - Prohibits discrimination in housing because of someone's race, religious creed, color, national origin, disability, ancestry, familial status or sex.

New Hampshire

NH RSA Section 354-A:10 - Unlawful discriminatory practice for any person to refuse to sell or rent after the receipt of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling or commercial structure to any person because of age, sex, race, color, marital status, familial status, physical or mental disability, religion or national origin.

New Jersey

P.L. 1945, c. 169 (C. 10:5-1 et seq.) - Prohibits discrimination when selling or renting property. The law covers owners, agents, employees and brokers and makes it unlawful to refuse to rent, show or sell property based on a person's race, creed, color, national origin, nationality, ancestry, marital status, familial status, affectional or sexual orientation, sex, or mental and physical disability, including AIDS and HIV-related illness.

P.L.1985, c.222

New York

NY Human Rights Law - Prohibits housing discrimination on the basis of race, color, national origin, marital status, creed, sex, age, disability, and familial status.

North Carolina

N.C. Gen. Stat. § 41A - Act provides for fair housing based on race, color, religion, sex, national origin, handicap, or familial status; violation of chapter even if person "intends" to discriminate by something they do or fail to do. Exemptions include: buildings with not more than four families living independently; rental of rooms in a house if owner resides in the house; religious institutions; private clubs; single-sex dormitories. Aggrieved person may file Complaint with North Carolina Human Relations Commission within one year of discriminatory act. North Carolina Human Relations Commission website: http://www.doa.state.nc.us/doa/hrc/hrc.htm

North Dakota

ND Cent. Code, § 14-02.5 - Under statute, a person may not discriminate against an individual in the terms, conditions, or privileges of sale or rental of a dwelling or in providing services or facilities in connection with a sale or rental of a dwelling because of race, color, religion, sex, disability, age, familial status, national origin, or status with respect to marriage or public assistance

Ohio

§4112-6-01 - Housing discrimination charges: notice of filing, answer, commencement of investigation, time limitations, publication of agreements.

Oregon

OR ST § 659A.421 - Statute prohibits discrimination on the basis race, color, sex, marital status, source of income, familial status, religion or national origin when selling, renting, or leasing real property.

Pennsylvania

Housing & Commercial Property Division- Prohibits discrimination in housing or commercial real estate because of a person's race, color, sex, religion, national origin, ancestry, handicap or disability, guide dogs, support animals, age (40 and above), pregnancy, familial status (families with children under age 18), intimidation, use of a guide or support animal due to blindness, deafness or physical disability or because the user is a handler or trainer of such animals Complaints must be filed within 180 days of the alleged act of discrimination.

PHRAct Section 5(h)

Rhode Island

RI Gen. Law § 34-37-2 - Statute provides that the right of all individuals in the state to equal housing opportunities and regardless of race, color, religion, sex, sexual orientation, gender identity or expression, marital status, country of ancestral origin, disability, age, familial status, or regardless of the fact that a tenant or applicant, or a member of the household, is or has been, or is threatened with being, the victim of domestic abuse, or that the tenant or applicant has obtained, or sought, or is seeking, relief from any court in the form of a restraining order for protection from domestic abuse

South Carolina

S.C. Code Ann. §§ 31-21-10, et. seq. - Act provides for fair housing based on race, color, religion, sex, familial status, or national origin. Aggrieved person may file Complaint within 180 days with Human Affairs Commission. South Carolina Human Affairs Commission website: http://www.state.sc.us/schac/

South Dakota

SD ST § 20-13-20 - Unlawful to discriminate against any person because of that person's race, color, creed, religion, sex, ancestry, disability, familial status or national origin, in the terms, conditions, or privileges of the sale, rental, lease, assignment, sublease or other transfer of any real property or housing accommodation

Tennessee

Tenn. Code Ann. §§ 4-21-601 ? 4-21-607 - Act provides for fair housing based on race, color, creed, religion, sex, handicap, familial status or national origin. Tennessee Fair Housing Council website: http://tennessee.fairhousing.com/

Vermont

9 V.S.A. § 4503 - Unlawful for any person to discriminate against, or to harass any person in the terms, conditions or privileges of the sale or rental of a dwelling or other real estate, or in the provision of services or facilities in connection therewith, because of the race, sex, sexual orientation, age, marital status, religious creed, color, national origin or handicap of a person, or because a person intends to occupy a dwelling with one or more minor children, or because a person is a recipient of public assistance.

Virginia

VA. Code Ann. §§ 36-96.1, et. seq. - Act provides for fair housing throughout the Commonwealth, to all its citizens, regardless of race, color, religion, national origin, sex, elderliness, familial status, or handicap, and to that end to prohibit discriminatory practices with respect to residential housing by any person or group of persons. Complaints shall be filed within one year of alleged act of discrimination. Virginia Fair Housing Office website: http://www.fairhousing.vipnet.org/index.htm

Washington

WA ST § 49.60.222

West Virginia

W. Va. Code §§ 5-11A-1, et. seq. - Act prohibits discrimination against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, ancestry, sex, familial status, blindness, handicap or national origin. Aggrieved person may file Complaint with Human Relations Commission not more than one year after Act.

Wisconsin

W.S.A. 106.50

W.S.A. 106.50 - Open Housing