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Civil Rights Legislation
Federal fair housing law consists of the Civil Rights Act of 1866 and Title VIII of the Civil Rights Act of 1968, otherwise known as the Fair Housing Act. The act, as amended in 1988, provides that no one can be discriminated against in the sale, rental, or financing of residential dwellings on the basis of these protected classes:
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In addition, the Civil Rights Act of 1866 provides that all U.S. citizens have the same rights to "inherit, purchase, sell, hold, and convey real and personal property." The U.S. Supreme Court has interpreted this act to prohibit all forms of racial discrimination with regard to real estate; even discrimination by private individuals. Penalties can include punitive as well as actual damages.
Fair housing laws in some states and municipalities may include additional protected classes, such as sexual preference, age, or sources of income. For information on Massachusetts fair housing laws, contact the Massachusetts Commission Against Discrimination or visit the U.S. Department of Housing and Urban Development online. The site also has a listing of state HUD offices. The handicapped category under the Fair Housing Act includes not only obvious physical handicaps, but mental handicaps, alcoholism, and AIDS. Current abusers of controlled substances are not covered.
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