Fair Housing Information
(also known as Equal Opportunity Housing)
Affirmatively Furthering Fair Housing
It is the policy of the City of Lexington to support equal housing opportunity as a fundamental guiding principle. All residents, regardless of race, color, religion, national origin, sex, disability, family status, age, marital status, sexual orientation, gender identity, receipt of public assistance, or being a victim of domestic violence, sexual assault, or stalking, may enjoy fair, equal and affordable access to housing opportunities.
What Housing is Covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four 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.
What is Prohibited?
In the Sale and Rental of Housing
No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:
• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Make housing unavailable
• Deny a dwelling
• Set different terms, conditions or privileges for sale or rental of a dwelling
• Provide different housing services or facilities
• Falsely deny that housing is available for inspection, sale, or rental
• For profit, persuade owners to sell or rent (blockbusting) or
• Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing
In Mortgage Lending
No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (disability):
• Refuse to make a mortgage loan
• Refuse to provide information regarding loans
• Impose different terms or conditions on a loan, such as different interest rates, points, or fees
• Discriminate in appraising property
• Refuse to purchase a loan or
• Set different terms or conditions for purchasing a loan.
In Addition
It is illegal for anyone to:
• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right
• Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right
• Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.
Additional Protection if You Have a Disability
If you or someone associated with you:
• Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
• Have a record of such a disability or
• Are regarded as having such a disability your landlord may not:
• Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
• Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
• Example: A building with a “no pets” policy must allow a visually impaired tenant to keep a guide dog.
• Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.
Housing Opportunities for Families
Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:
• A parent
• A person who has legal custody of the child or children or
• The designee of the parent or legal custodian, with the parent or custodian’s written permission.
Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18. Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:
• The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program or
• It is occupied solely by persons who are 62 or older or
• It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent to house persons who are 55 or older.
A transition period permits residents on or before September 13, 1988, to continue living in the housing, regardless of their age, without interfering with the exemption.
Requirements for New Buildings
In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:
• Public and common areas must be accessible to persons with disabilities
• Doors and hallways must be wide enough for wheelchairs
• All units must have:
o An accessible route into and through the unit
o Accessible light switches, electrical outlets, thermostats and other environmental controls
o Reinforced bathroom walls to allow later installation of grab bars and
o Kitchens and bathrooms that can be used by people in wheelchairs.
If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground floor units.
These requirements for new buildings do not replace any more stringent standards in State or local law.
If You Think Your Rights Have Been Violated
HUD (U.S. Department of Housing and Urban Development) is ready to help with any problem of housing discrimination. If you think your rights have been violated, the Housing Discrimination Complaint Form is available for you to download, complete and return, or complete online and submit, or you may write HUD a letter, or telephone the HUD Office nearest you. You have one year after an alleged violation to file a complaint with HUD, but you should file it as soon as possible.
What to Tell HUD
• Your name and address
• The name and address of the person your complaint is against (the respondent)
• The address or other identification to the housing involved
• A short description to the alleged violation (the event that caused you to believe your rights were violated)
• The date(s) to the alleged violation
Where to Write or Call
Send the Housing Discrimination Complaint Form or a letter to the HUD Office nearest you or you may call that office directly.
Kansas City Regional Office of FHEO
U.S. Department of Housing and Urban Development
Gateway Tower II
400 State Avenue, Room 200
Kansas City, Kansas 66101-2406
(913) 551-6958
1-800-743-5323
TTY (913) 551-6972
http://portal.hud.gov/portal/page/portal/HUD/topics/housing_discrimination
If You Are Disabled
HUD also provides:
• A toll-free TTY phone for the hearing impaired: 1-800-927-9275.
• Interpreters
• Tapes and braille materials
• Assistance in reading and completing forms
What Happens When You File a Complaint?
HUD will notify you when it receives your complaint. Normally, HUD also will:
• Notify the alleged violator of your complaint and permit that person to submit an answer
• Investigate your complaint and determine whether there is reasonable cause to believe the Fair Housing Act has been violated
• Notify you if it cannot complete an investigation within 100 days of receiving your Complaint
Additional Contacts if You Think Your Rights Have Been Violated
Nebraska Equal Opportunity Commission (NEOC):
http://www.neoc.ne.gov/comp/comp.htm
The NEOC operates three offices: Lincoln, Omaha, and Scottsbluff. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday (except State Holidays). Please call or write for any further information.
Lincoln (Main Office)
Nebraska State Office Building
301 Centennial Mall South, 5th Floor
P.O. Box 94934
Lincoln, NE 68509-4934
Telephone: (402) 471-2024
Toll Free Number: 1-800-642-6112
Fax: (402) 471-4059
Omaha
Downtown Education Center/State Office Building
1313 Farnam Street, 3rd Floor
Omaha, NE 68102-1836
Telephone: (402) 595-2028
Toll Free Number: 1-800-382-7820
Scottsbluff
Panhandle State Office Complex
4500 Avenue “I”
P.O. Box 1500
Scottsbluff, NE 69363-1500
Telephone: (308) 632-1340
Fax: (308) 632-1341