{
  "id": "95-710",
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  "number": "95-710",
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  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
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      "id": 449468,
      "date": "2016-02-02",
      "retrieved": "2016-04-06T17:19:58.437693",
      "title": "The Fair Housing Act (FHA): A Legal Overview",
      "summary": "The Fair Housing Act (FHA) was enacted \u201cto provide, within constitutional limitations, for fair housing throughout the United States.\u201d The original 1968 act prohibited discrimination on the basis of \u201crace, color, religion, or national origin\u201d in the sale or rental of housing, the financing of housing, or the provision of brokerage services. In 1974, the act was amended to add sex discrimination to the list of prohibited activities. The last major change to the act occurred in 1988 when it was amended to prohibit discrimination on the additional grounds of physical and mental handicap, as well as familial status. However, legislation that would amend the FHA is routinely introduced in Congress, including S. 1858/H.R. 3185, H.R. 501, and H.R. 3145 in the 114th Congress. \n\nKey Takeaways\nThe FHA prohibits discrimination on the basis of \u201crace, color, religion, sex, handicap, familial status, or national origin....\u201d\nIn general, the FHA applies broadly to all sorts of housing, public and private, including single family homes, apartments, condominiums, mobile homes, and others. The act\u2019s coverage also extends to the secondary mortgage market.\nHowever, the act includes some exemptions. For example, the FHA does not \u201climit[] the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.\u201d\nWhile the FHA prohibits discrimination based on sex, the FHA does not prohibit discrimination on the basis of sexual orientation or gender identity. However, certain forms of discrimination against members of the LGBT (lesbian, gay, bisexual, transgender) community can violate the FHA.\nIn June 2015, the Supreme Court held in Texas Department of Housing and Community Affairs v. Inclusive Communities Project that, in addition to intentional discrimination, disparate impact claims are cognizable under the FHA\u2014a view previously espoused by HUD and the 11 U.S. Courts of Appeals to render opinions on the issue. \nAlthough plaintiffs historically have faced fairly steep odds of getting their disparate impact claims past the preliminary stages of litigation, much less succeeding on the merits, the \u201ccautionary standards\u201d stressed by the Inclusive Communities Court might result in even fewer successful disparate impact claims being raised in the courts and swifter disposal of claims that are raised.\nIn July 2015, HUD issued final regulations designed to implement an FHA mandate that executive agencies administering HUD programs, as well as HUD-grantees and other recipients of HUD funding, affirmatively further the FHA\u2019s goals of reducing segregation and housing barriers.\nThe FHA may be enforced in varying ways by the Attorney General, by the Department of Housing and Urban Development (HUD), and by victims of discrimination. Potential remedies available under the act include actual damages, punitive damages, equitable relief, and reasonable legal costs. Violators also may be assessed civil penalties.",
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      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc806584/",
      "id": "95-710_2008Jun11",
      "date": "2008-06-11",
      "retrieved": "2016-03-19T13:57:26",
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      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc812617/",
      "id": "95-710_2003May06",
      "date": "2003-05-06",
      "retrieved": "2016-03-19T13:57:26",
      "title": "The Fair Housing Act: A Legal Overview",
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