Fight Hate: What Constitutes a Violation of the federal Fair Housing Act
The federal Fair Housing Act provides both criminal and civil remedies for housing-related hate crimes. Examples of housing-related hate activity might be a cross burning outside the home of new residents or vandalism to their property because of their race or a threatening telephone call to the real estate agent who sold the home.
The strongest protections and remedies for housing-related hate crimes and activity can be found in the federal Fair Housing Act, which was enacted by a bi-partisan Congress just days after the 1968 assassination of Dr. Martin Luther King Jr. The Fair Housing Act, and its subsequent amendments, make it illegal to discriminate in housing related transactions because of race, color, religion, sex, national origin, disability or familial status (the presence of children under the age of 18).
For housing-related hate crimes, this Act provides both a civil remedy in the form of monetary compensation for injury-including emotional distress, and injunctive relief-and a criminal remedy including fines and jail time for the perpetrator. In a hate crime case, civil and criminal remedies may both apply. State and local fair housing and criminal laws may provide additional protections, for example, several states have laws covering hate crimes based on sexual orientation. You should always check state and local laws for additional protections.
Violation Example 1
"Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the Fair Housing Act." 24 C.F.R.(c)(5)
Possible Penalty
With no bodily injury to the victim, the violator may be fined not more than $1,000, or imprisoned not more than one year, or both. 42 U.S.C. § 3631
Violation Example 2
"Coercing a person, either orally, in writing or by other means, to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling or in connection with a residential real estate-related transaction because of race, color, religion, sex, handicap, familial status, or national origin." 24 C.F.R. § 100.400(c) (1)
Possible Penalty
If bodily injury results, the violator shall be fined not more than $10,000, or imprisoned not more than ten years, or both. 42 U.S.C. § 3631
Violation Example 3
"Threatening, intimidating or interfering with persons in their enjoyment of a dwelling because of the race, color, religion, sex, handicap, familial status, or national origin of such persons, or of visitors or associates of such persons." 24 C.F.R.(c)(2)
Possible Penalty
If death results, the violator shall be subject to imprisonment for any term of years or for life. 42 U.S.C. § 3631
Violation Example 4
"Threatening an employee or agent with dismissal or an adverse employment action, or taking such adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate-related transaction, because of the [protected class] of that person or of any person associated with that person." 24 C.F.R. §100.400(c)(3)
Possible Penalty
Damages awarded in a civil lawsuit or administrative complaint which could include compensatory damages - both actual costs incurred and damages for intangible injury such as emotional distress - and punitive damages and/or civil penalties.
Violation Example 5
"Intimidating or threatening any person because that person is engaging in activities designed to make other persons aware of, or encouraging such other per-sons to exercise rights granted or protected by this part." 24C.F.R.§100.400(c)(4)
Possible Penalty
Injunctive relief which can be broad and creative. For example, in one case a judge required the violators to sell their house, move from the neighborhood and agree never to return.The Fair Housing Act was used to redress the injury to victims in the following real life examples of hate crimes:
- White youths threw a Molotov cocktail at the house of an African American family who had just moved into the neighborhood. Each member of the African American family was awarded a significant amount of damages by a judge, and the wrongdoers were also prosecuted for attempted arson under state criminal laws.
- A white landlord who received threatening calls after she showed her apartment to an African American family successfully brought a case under the Fair Housing Act and received damages from the caller, who was also prosecuted by the Department of Justice for making the threats.
- A young boy whose father had AIDS was harassed and called names, and neighbors threatened him because they thought he had AIDS. A federal lawsuit for damages was brought on his behalf under the Fair Housing Act and it was successfully settled.
- When a white neighbor threatened to harm a new African American resident, displayed a baseball bat on national television, claiming she was going to use it against African Americans, she was prosecuted under federal criminal laws, as well as sued for monetary damages.
- A Portuguese family was victimized by a cross burning because neighbors thought they were black. The neighbors were prosecuted and jailed, and a case for damages was successfully brought against them.
It is important to also note that fair housing laws allow for intervention and remedial action at the harassment stage, and thus can play a major role in preventing hate crimes.
