The Fair Housing Act protects people from discrimination when renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities. The Fair Housing Act prohibits discrimination in housing because of race, color, national origin, religion, sex, familial status, or disability.
The Fair Housing Act covers most housing. In very limited circumstances, the act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.
THDA works to ensure that its housing and assistance programs are compliant with the Fair Housing Act, and HUD’s requirements and regulations regarding fair housing, through program administration and monitoring, education, outreach and training. For more information on fair housing, see HUD’s Fair Lending Guide.
Examples of Discrimination under the Fair Housing Act
The following are possible examples of discrimination if they occur based on membership in a protected class (race, color, national origin, religion, sex/gender, familial status, or a disability):
- Refusing to sell, rent or lease housing to an interested tenant or buyer
- Applying different sale, rental or occupancy terms for different people
- Lying about or misrepresenting the availability of housing when housing is in fact available
- Providing inferior conditions, terms, facilities, or privileges in connection with housing
- “Blockbusting” or encouraging people to leave an area based on their protected class
- Refusing to permit reasonable modifications when accommodations may be necessary for a person to use and enjoy their dwelling
- Steering customers to a certain neighborhood, refusing to serve certain customers by real estate professionals
- Redlining or limiting lending in a particular area because of the demographics of that area or imposing different terms or conditions on a loan
- Harassing tenants and homeowners in connection with housing accommodations
- Zoning laws that have an unfair effect on protected classes
Additional Protections for Persons with a Disability
If you are receiving benefits or services through a THDA program and you (or another person in the household) are a person with a disability in need of a specific accommodation to successfully participate, please call (615) 815-2165 or email a request to RARequest@thda.org.
Other Civil Rights Legislation and Rulemaking Related to Fair Housing
The Civil Rights Act of 1968, more popularly known as the “Fair Housing Act,” was passed with bipartisan support from Congress and signed into law by President Johnson on April 11, 1968.
In addition to the Fair Housing Act, other laws and important guidance related to fair housing include the following (select the links to learn more):
- Title VI of the Civil Rights Act of 1964
- Section 504 of the Rehabilitation Act of 1973
- Title II of the Americans with Disabilities Act
- Joint Statement of HUD and the DOJ, Reasonable Accommodations under the Fair Housing Act
- Joint Statement of HUD and the DOJ, Reasonable Modifications under the Fair Housing Act
- Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (Federal Register/ Vol. 72, No. 13 / January 22, 2007 /Notices)
- Nondiscrimination on the basis of disability in state and local government services
- Equal Credit Opportunity Act
- Tennessee Human Rights Act & Disability Act
Consolidated Planning & Fair Housing
The State of Tennessee, as a recipient of federal block grant funds, is required to take meaningful action to further fair housing choice. The Department of Housing and Urban Development (HUD) requires that states and localities that receive community planning and development block grant funding assess the affordable housing and community development needs within their jurisdiction and establish priorities through a Consolidated Plan. THDA serves as the lead agency working collaboratively with other state agencies that are recipients of HUD block grants, the Department of Economic and Community Development (ECD), and the Department of Health (TDOH), to engage in consolidated planning every five years.
A formal assessment of potential impediments to fair housing choice is completed as part of the Consolidated Planning process. This assessment informs the development of a Fair Housing Plan with actions and strategies to eliminate or reduce the negative effects of the impediments. The Fair Housing Plan is a component of the State of Tennessee 2020-2024 Consolidated Plan