Discrimination & fair housing refers to laws, policies and practices addressing unequal and biased treatment of people based upon prohibited classifications, e.g. race or color, national origin, religion, sex, familial status (having one or more children under the age of 18) or disability.
The U.S. Department of Housing and Urban Development (HUD) issued this guidance making it clear that residents who are denied or evicted from housing as a result of domestic violence may have basis to file a discrimination complaint with HUD under the federal Fair Housing Act.
This article discusses how you can use civil rights legislation to prevent homelessness in the case of domestic violence.
Lost Housing, Lost Safety: Survivors of Domestic Violence Experience Housing Denials and Evictions across the Country
This report is the analysis of surveys conducted among homeless women and low-income domestic violence survivors.
This report makes recommends to improve the state of fair housing in the U.S. Additionally, the 2005 report specifically addresses the nature and extent of racial segregation in the U.S. Advocates may find this report helpful for understanding FHIP and for baseline data on housing discrimination. The piece also concretely connects anti-oppression and economic advocacy work as it describes how racial discrimination and segregated housing are tied to wealth accumulation and social wellbeing across race and ethnicity.
Discrimination in Metropolitan Housing Markets: National Results from Phase 1, Phase 2, and Phase 3 of the Housing Discrimination Study (HDS)
The Housing Discrimination Study 2000 (HDS 2000) represents the most ambitious effort to date to measure the extent of housing discrimination in the United States against persons because of their race or color. It is the third nationwide effort sponsored by HUD to measure the amount of discrimination faced by minority home seekers. The previous studies were conducted in 1977 and 1989.
This Q&A discusses discrimination in housing and the legal avenues that DV survivors can use. This includes information regarding the Fair Housing Act and when to contact an attorney.
The article focuses primarily on federal law and cases discussing sex discrimination, but also includes a listing of state law citations for state and local fair housing and laws prohibiting eviction or discrimination against tenants because of domestic violence.
Available from: Contact the NRCDV at 800-537-2238.
Press Release and Fair Housing Act Court Ruling Prohibiting Discrimination Against Domestic Violence Victims
The court ruling provides that discrimination against a victim of domestic violence, if proven, can be sex discrimination under the Fair Housing Act. Advocates may find this press story and court ruling helpful for public education purposes and for seeking non-punitive reactions by private and public landlords in their responses to survivors of domestic violence.
Press Release: Victim of Domestic Violence who faced Eviction Reaches Settlement With St. Louis Housing Authority
This press release describes a settlement between a survivor of domestic violence and the St. Louis Housing Authority. An ex-boyfriend and father stalked, harassed, and threatened the survivor, including breaking her apartment windows. She reported this damage to the police and the apartment manager and also obtained a protection order. After she showed the protection order to the apartment manager the survivor/tenant received a lease violation and a denial of her request to transfer apartments.
The article also covers advocacy strategies, both through negotiation and litigation, in the absence of specific federal, state, and local laws covering survivors. The scope of the article includes private housing as well as leases in public and subsidized housing. Advocates may find this article useful for understanding what legal strategies may be employed by lawyers attempting to assist survivors with penalty-free, expedited, early lease termination.
The Impact of the Violence Against Women Act of 2005 (VAWA) on the Housing Rights and Options of Survivors of Domestic and Sexual Violence
This Q&A document explains the key housing provisions of VAWA 2005, including housing-related grant programs, amendments to public housing and section 8 regarding eviction defense, eligibility, and portability, HMIS changes, and new planning requirements.