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

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 it. Read more the pdf.
Reasonable Accommodations
- Outlined in detail below.

Reasonable Accommodations

Reasonable Accommodations for persons with a disability in rules, policies, practices or services if it may be necessary for you to have full access to our programs or for you to use the housing on an equal basis with non-disabled persons. Learn more about OHA’s Reasonable Accommodations Process.

A reasonable accommodation 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.

A person with a disability is any person who:

Has a physical or mental impairment that substantially limits one or more of the major life activities of an individual; or
Has a record of having such impairment; or
Is regarded as having such impairment

Through HUD Section 504, OHA ensures that a “qualified” person with a handicap:

Is afforded an opportunity equal to that afforded to others
Is provided housing and benefits as effective as those afforded to others
Is not provided different or separate housing or benefits unless necessary to provide the person with a handicap with housing and benefits that are as effective as those provided to others

OHA’s employees are responsible for ensuring that the agency does not discriminate against a person with a disability by refusing to make a reasonable accommodation that may be necessary to allow that person equal access under any of the programs administered by OHA.

Requesting Reasonable Accommodation

A reasonable accommodation request(s) may be made by or on behalf of a person with a disability to any OHA staff. If a participant or applicant indicates that an exception, change, or adjustment to a rule, policy, practice or service is needed because of a disability, the OHA must treat that information as a request for a reasonable accommodation even if no formal written request is made.

Verbal requests are the most common types of requests. In cases such as these, the participant is provided a “Request for a Reasonable Accommodation” form (RA form #OHA290104). Be advised that if the participant or applicant does not complete the “Official RA form,” it does not negate or cancel out the fact that a reasonable accommodation request was made.

Reasonable Accommodation VAWA Notice of Occupancy Rights