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Online Housing Discrimination

As more and more people use the Internet to find rental housing, purchase a home or condo, or acquire a home loan or homeowners' insurance, it is important to remember that the fair housing laws apply to both print advertisements and offers found on-line. Federal, state, county, and local fair housing laws can sometimes be confusing - many wonder what kinds of properties are exempt, who should they call when they feel discriminated against, and exactly what kinds of behavior are prohibited?

What do fair housing laws say about the Internet?
Federal fair housing laws prohibit discrimination in the rental and sale of housing on the basis of a person's "protected class," which means a person's race, color, religion, sex, national origin, disability, or familial status (families living with minor children).  State, county, and/or local laws prohibit discrimination on the basis of additional "protected classes" or categories, including but not limited to age, marital status, disability, sexual orientation and military status.

While there are numerous similarities between federal, state, county, and local laws, there are two facts that deserve special attention while looking for housing on-line:

1. Under the federal Fair Housing Act, it is illegal to make discriminatory statements or publish discriminatory communications or advertisements.  While owner-occupied buildings of 4 units or fewer are exempted from some provisions of the Fair Housing Act, all housing providers are prohibited from making discriminatory statements, posting discriminatory notices, or using discriminatory advertisements.  

2. The Cook County Human Rights Act and the Chicago Fair Housing Ordinance prohibit all housing providers - no matter how large or small the property - from housing discrimination.

What does all of this mean?
In short, no one is allowed to state a preference or a limitation based on race, color, religion, sex, national origin or familial status, no matter how large or small the property. 

Print and on-line advertising that expresses a preference or limitation/exclusion based on race, color, religion, sex, national origin, disability, or familial status (families living with minor children) violates federal law.  For example, an ad that states "adults only" violates the prohibition against familial status discrimination, as does an ad that states "no kids."  A landlord may not deny someone an apartment because that person lives with a minor child.  Also, an ad that states "no Jews" would violate the ban on discriminatory advertising, but so would an ad that states "Christian tenant desired." 

How can I file a complaint?
Does your complaint fall under one of the protected classes? Are you being discriminated against because of your race, color, religion, sex, sexual orientation, national origin, age, ancestry, marital status, disability, military discharge status, source of income, or because you have children?

If the answer is yes, then contact the Chicago Lawyers' Committee for Civil Rights at 312-630-9744. Be ready to give a detailed account of your experience, including dates, occurrences, names, and any actions you have taken.

Keep all documents and correspondence between you and the housing provider, mortgage lender, or insurance company with which you have been in contact. If you were trying to buy or rent a home or apartment, have the address of the unit in question, as well as the realtor or landlord’s contact information.

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Authored by justin • Last updated on November 9, 2009

Tagged as
  • civil rights
  • classified ads
  • discrimination
  • fair housing
  • searching online
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