Fair Housing Act
Fair Housing Act
The Fair Housing Act, a federal law, 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.
The Fair Housing Act prohibits discrimination in housing because of:
- Race or color
- National Origin
- Religion
- Sex (including gender identity and sexual orientation)
- Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18)
- Disability
In California, the Fair Housing laws, Fair Employment and Housing Act (FEHA) make sure that everyone has an equal chance to rent or buy a home. Affordable Housing Providers are not allowed to treat people unfairly because of things like race, religion, family status, disability, or other protected reasons.
One important rule is about Source of Income. This means that Affordable Housing Providers cannot say “no” to someone just because of where their money comes from.
For example:
- If someone pays rent with a job paycheck, that’s a source of income.
- If someone pays rent with Social Security, a housing voucher (like Section 8), or other benefits, that’s also a legal source of income.
Affordable Housing Providers must look at all legal income sources fairly. They can check if a tenant can afford the rent, but they cannot refuse someone only because they use a housing voucher or other lawful assistance.
Violations include but are not limited to:
- Refusal to sell, rent, or lease rooms, apartments, condos or houses to protected individuals
- Sexual harassment involving unwanted sexual advances or requiring sexual favors for housing rights or privileges
- Refusal to make reasonable accommodations in housing rules, policies, practices, or services where necessary to afford a disabled person equal opportunity to use and enjoy a dwelling
- Offering inferior terms, conditions, privileges, facilities or services in connection with the housing accommodation
- Policies, practices, terms, or conditions that result in unequal access to housing or housing-related services
The California law protects individuals from illegal discrimination by housing providers based on the following:
- Race, color
- Ancestry, national origin
- Citizenship, immigration status*
- Primary language
- Age
- Religion
- Disability, mental or physical
- Sex, gender
- Sexual orientation
- Gender identity, gender expression
- Genetic information
- Marital status
- Familial status
- Source of income
- Military or veteran status
- *Covered under the Unruh Civil Rights Act, which applies to most housing accommodations in California.
How OHA Promotes Equal Access To Housing
OHA provides equal access to its programs by providing:
- Limited English Proficiency
- The Limited English Proficiency Initiative provides funding for creating and promoting translated materials and other programs to support the assistance of persons with limited English proficiency in utilizing the services provided by the Oakland Housing Authority. [Find the OHA Administrative Plan; Chapter 2, Part 3 on the Policies and Procedures Page
- Fair Chance Ordinance
- OHA follows the CA FHEO and City of Oakland Fair Chance Ordinance. Watch a video about Fair Chance Ordinance about it. Read the Fair Chance Ordinance pdf for more information.
- Reasonable Accommodations
- Outlined in detail below.
Reasonable Accommodations
Reasonable Accommodations is a change, exception or adjustment to a rule, policy practice or service that may be necessary for the person with a disability to have an equal opportunity to the Housing Authority’s programs and services. Learn more about OHA’s Reasonable Accommodations Process and how to apply.
If you need assistance, and are using a TDD device, please call (510) 587-7119.
For more information on Reasonable Accommodations, or if this is a domestic violence, dating violence, sexual assault, or stalking related request, please contact the Fair Housing Specialist:
Melissa Benik
(510) 874-1546
reasonableaccomodationvmb@oakha.org
Violence Against Women Act
The Violence Against Women Act (VAWA) is a law that provides protections for survivors of domestic violence, dating violence, sexual assault, and/or stalking from being discriminated against by certain housing providers because of the abuse committed against them. Despite the name of the law, VAWA’s protections apply regardless of sex, sexual orientation, or gender identity. For more information, please see the Domestic Violence Resources.
Please contact the Fair Housing Specialist at:
Melissa Benik
(510) 874-1546, For TDD call 510-587-7119
reasonableaccomodationvmb@oakha.org
