Is Military Status a Protected Class in Fair Housing?
The answer to this question is yes, military status is a protected class in fair housing. In the United States, the Fair Housing Act (FHA) prohibits discrimination based on certain protected classes, including military status. This means that housing providers, including landlords, property managers, and real estate agents, cannot discriminate against individuals or families based on their military status.
What is Military Status?
Military status refers to an individual’s current or past military service, including:
- Active duty
- Reserve duty
- National Guard duty
- Veterans
- Military retirees
- Spouses and dependents of military personnel
What Protections are Afforded to Military Personnel Under the Fair Housing Act?
Under the FHA, housing providers are prohibited from discriminating against individuals or families based on their military status. This includes:
- Refusing to rent or sell a dwelling: Housing providers cannot refuse to rent or sell a dwelling to an individual or family because of their military status.
- Refusing to negotiate for rent or sale: Housing providers cannot refuse to negotiate the terms of a rental or sale agreement because of an individual’s military status.
- Setting different terms or conditions: Housing providers cannot set different terms or conditions for renting or selling a dwelling based on an individual’s military status.
- Refusing to make reasonable accommodations: Housing providers must make reasonable accommodations for individuals with disabilities, including those who are veterans or have served in the military.
Examples of Military Status Discrimination
Here are some examples of military status discrimination that are prohibited under the FHA:
- A landlord refuses to rent an apartment to a veteran because of their military service.
- A real estate agent refuses to show a property to a family because the father is on active duty in the military.
- A property manager raises the rent for a veteran who is receiving disability compensation.
- A landlord refuses to make repairs to a dwelling occupied by a family with a veteran member.
Exemptions to the Military Status Protection
There are some exemptions to the military status protection under the FHA. For example:
- Single-family homes sold or rented by the owner: If a single-family home is sold or rented by the owner, rather than through a real estate agent or property manager, the FHA’s protections may not apply.
- Small landlords: Small landlords who own fewer than four rental units may not be subject to the FHA’s protections.
Consequences of Violating the Military Status Protection
If a housing provider violates the military status protection under the FHA, they can face serious consequences, including:
- Legal action: Individuals who are victims of military status discrimination can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or file a lawsuit in federal court.
- Penalties and fines: Housing providers who violate the FHA can be fined up to $100,000 for a first-time violation, and up to $200,000 for subsequent violations.
- Injunctive relief: The court can issue an injunction to stop the housing provider from engaging in further discriminatory practices.
Conclusion
In conclusion, military status is a protected class in fair housing under the Fair Housing Act. Housing providers must not discriminate against individuals or families based on their military status, and individuals who are victims of such discrimination have the right to seek legal action and relief. It is essential for housing providers to understand their obligations under the FHA and to take steps to ensure that they are providing equal housing opportunities to all individuals, regardless of their military status.
Table: Fair Housing Protections for Military Personnel
| Protection | Description |
|---|---|
| Refusal to Rent or Sell | Housing providers cannot refuse to rent or sell a dwelling to an individual or family because of their military status. |
| Refusal to Negotiate | Housing providers cannot refuse to negotiate the terms of a rental or sale agreement because of an individual’s military status. |
| Different Terms or Conditions | Housing providers cannot set different terms or conditions for renting or selling a dwelling based on an individual’s military status. |
| Reasonable Accommodations | Housing providers must make reasonable accommodations for individuals with disabilities, including those who are veterans or have served in the military. |
Additional Resources
For more information on the Fair Housing Act and military status discrimination, please visit the following resources:
- U.S. Department of Housing and Urban Development (HUD): www.hud.gov
- Fair Housing Act: www.hud.gov/fairhousing
- Military.com: www.military.com/money/military-housing.html
