Office of Human Rights

Discrimination - Fair Housing

There are several basic areas in this section:

• Fair Housing in Pinellas
• What is Fair Housing?
• What is Covered?
• What is Prohibited?
• In Addition...
• Additional Protection if You have a Disability
• Requirements for New Buildings
• Housing Opportunities for Families: 55+ and 62 and over Housing Communities
• What to Tell the Office of Human Rights
• Where to Write or Call
• If You are disabled...
• What Happens When You File a Complaint?
• Conciliation
• What if you need help Quickly?
• What Happens after a Complaint Investigation
• The Administrative Hearing
• Federal District Court
• You May File a Suit
• Other Tools to Combat Housing Discrimination
• also visit the Making Homes Affordable website

Fair Housing in Pinellas:

The Department of Housing and Urban Development ("HUD"), which has the authority and responsibility to enforce the anti-discrimination provisions of Title VIII, has determined that the Pinellas County Office of Human Rights fair housing ordinance is substantially equivalent to Title VIII. As such, HUD will refer your complaint to the Pinellas County Office of Human Rights agency for investigation and notify you of the referral. That agency must begin work on your complaint within 30 days or HUD may take it back

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What is Fair Housing?

The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, and Pinellas County Chapter 70 prohibit discrimination in housing because of:

• Race or color
• National origin
• Religion
• Sexual Orientation (Complaints Jurisdictional to Chapter 70 PCC only)
• 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)
• Handicap (Disability)

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What Housing Is Covered?

The Fair Housing Act and Pinellas County Ordinance Chapter 70 cover most housing. In some circumstances, the Act and local ordinance exempt owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

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What Is Prohibited?

In the Sale and Rental of Housing:

No one may take any of the following actions based on race, color, national origin, religion, sex, sexual orientation, familial status or handicap:

• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Make housing unavailable
• Deny a dwelling
• Set different terms, conditions or privileges for sale or rental of a dwelling
• Provide different housing services or facilities
• Falsely deny that housing is available for inspection, sale, or rental
• For profit, persuade owners to sell or rent (blockbusting) or
• Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

In Mortgage Lending:

No one may take any of the following actions based on race, color, national origin, religion, sex, sexual orientation (Chapter 70 only), familial status or handicap (disability):

• Refuse to make a mortgage loan
• Refuse to provide information regarding loans Impose different terms or conditions on a loan, such as different interest rates, points, or fees
• Discriminate in appraising property
• Refuse to purchase a loan or
• Set different terms or conditions for purchasing a loan.

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In Addition:

It is illegal for anyone to:

• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right,
• Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or handicap. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act and Pinellas County Ordinance Chapter 70.

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Additional Protection If You Have a Disability:

If you or someone associated with you:

• Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
• Have a record of such a disability or
• Are regarded as having such a disability

Your landlord may not:

• Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
• Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
  • Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.
  • Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.

However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.

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Requirements for New Buildings:

In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:

• Public and common areas must be accessible to persons with disabilities
• Doors and hallways must be wide enough for wheelchairs

 

All units must have:

 

• An accessible route into and through the unit
• Accessible light switches, electrical outlets, thermostats and other environmental controls
• Reinforced bathroom walls to allow later installation of grab bars and
• Kitchens and bathrooms that can be used by people in wheelchairs.

 

If a building with four or more units has no elevator and was ready for first occupancy after March 13, 1991, these standards apply to ground floor units.

These requirements for new buildings do not replace any more stringent standards in State or local law. For more information on new construction requirements, see:

 

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Housing Opportunities For Families: 55+ and 62 and over Housing Communities:

 

Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:

 

• A parent
• A person who has legal custody of the child or children or
• The designee of the parent or legal custodian, with the parent or custodian's written permission.

 

Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.

 

Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:

 

• The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program, or
• It is occupied solely by persons who are 62 or older, or
• It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent to house persons who are 55 or older.

 

If You Think Your Rights Have Been Violated THE OFFICE OF HUMAN RIGHTS is ready to help with any problem of housing discrimination. or to get to the page where the print form is located:

 

You may write THE OFFICE OF HUMAN RIGHTS a letter, or telephone the OFFICE OF HUMAN RIGHTS at (727) 464-4880 or (727) 552-2590. You have one year after an alleged violation to file a complaint with HUD or the Office of Human Rights, but you should file it as soon as possible.