What is the purpose of the Fair Housing Act in Tennessee?
The Fair Housing Act, a federal law passed in 1968 and later amended, aims to prevent housing discrimination in the sale and rental of housing, including activities like seeking mortgages or housing assistance. In Tennessee, landlords and other housing providers must abide by this act to ensure clients are treated fairly and to foster a more inclusive housing environment, avoiding legal trouble and penalties.
Which characteristics are protected under the Fair Housing Act in Tennessee?
The Federal Fair Housing Act protects individuals based on seven characteristics: race, color, sex, nationality, religion, disability, and familial status. While some states have expanded this list with additional protected classes, Tennessee has not added more specific provisions that mirror the federal act. However, the Tennessee Human Rights Act and Tennessee Disability Act also prohibit housing discrimination and list "Creed" as a protected class under state law. Familial status includes individuals under 18 living with a parent or guardian, pregnant individuals, and those securing custody of children under 18.
What are some examples of actions that are considered discriminatory under fair housing laws in Tennessee?
Discriminatory actions based on protected characteristics can include a wide range of behaviors such as refusing to sell, rent, or lease housing; applying different terms or conditions; misrepresenting availability; providing inferior services or privileges; steering individuals to specific neighborhoods; refusing reasonable modifications for people with disabilities; redlining (limiting lending based on demographics); harassing tenants; evicting a tenant; asking discriminatory questions during screening (like marital status or number of children); stating a unit is unavailable when it is; treating tenants differently; denying an application; breaking a lease; and using discriminatory language in marketing materials.
What government body enforces the Fair Housing Act in Tennessee?
In Tennessee, the primary government body responsible for handling housing discrimination cases is the Tennessee Human Rights Commission. This commission investigates claims of discrimination in various areas, including housing, employment, and public administration.
Are there any situations where the Fair Housing Act does not apply in Tennessee?
Yes, there are limited exceptions to the Fair Housing Act in certain circumstances in Tennessee. These exceptions include housing operated by private clubs and religious organizations, single-family homes sold or rented by the owner without using a real estate agent, and owner-occupied buildings that have a maximum of four units.
What are the potential consequences for violating fair housing laws in Tennessee?
Violating fair housing laws in Tennessee, even if unintentionally, can lead to significant civil penalties. For first violations, the penalty can be up to $16,000. This amount increases for repeat violations, reaching up to $65,000 for a third violation. If the case is brought by the Justice Department, the penalty can be as high as $150,000. Besides financial penalties, violations can also damage a landlord's reputation.
On what basis can a landlord legally reject a prospective tenant in Tennessee?
Landlords in Tennessee have the right to choose tenants, but this process must be free from discrimination based on the protected classes under the Fair Housing Act. Legal reasons for rejecting a prospective tenant can include evaluating their credit history, tenancy history, employment history, credit rating, and income level.
Where can someone file a complaint if they believe they have experienced housing discrimination in Tennessee?
If you believe you have been a victim of housing discrimination in Tennessee, you can file a complaint with several organizations. These include the Tennessee Fair Housing Council, the Tennessee Human Rights Commission, and the U.S. Department of Housing and Urban Development's (HUD) Office of Fair Housing and Equal Opportunity (FHEO). Additionally, resources like the Legal Aid Society of Middle Tennessee and the Cumberlands provide information on tenant rights and assistance, particularly for those facing eviction.
