The Fair Housing Amendments Act of 1988 represents a pivotal expansion of the original 1968 legislation, fundamentally altering the landscape of housing opportunity in the United States. This critical update specifically addressed two primary deficiencies in the original law by adding explicit protections for families with children and individuals with disabilities. By doing so, the amendments transformed the Fair Housing Act from a general anti-discrimination statute into a more robust framework ensuring equal access to housing for vulnerable populations. Understanding the specific inclusions of this 1988 update is essential for property managers, real estate professionals, tenants, and anyone seeking to navigate the complex legal framework of housing rights.
Key Additions to the Original Legislation
Prior to 1988, the Fair Housing Act prohibited discrimination based on race, color, religion, sex, or national origin. The 1988 amendments significantly broadened this scope by adding two new protected categories to the list. These additions were not merely symbolic; they carried specific legal obligations for housing providers and established a clear framework for enforcement. The act explicitly made it unlawful to refuse to rent or sell a dwelling, or otherwise deny housing opportunities, based on these protected characteristics.
Protection for Families with Children
The first major inclusion was the protection of families with children. This provision specifically prohibits discrimination against tenants or buyers who are under the age of 18, are pregnant, or are in the process of securing legal custody of a child. This change was a direct response to the common practice of enforcing "no children" policies in apartment complexes and other rental properties. The amendment ensures that families have the same access to housing options as adult-only households, preventing landlords from steering families to less desirable units or charging them higher fees solely based on the presence of children.
Protection for Individuals with Disabilities
The second critical addition was the inclusion of individuals with disabilities as a protected class. This section of the law recognizes that physical or mental impairments should not limit a person's ability to secure safe and adequate housing. The definition of disability under the act is broad, encompassing conditions that substantially limit one or more major life activities. This protection mandates that housing providers make reasonable accommodations in rules, policies, or services to afford individuals with disabilities an equal opportunity to use and enjoy a dwelling.
Required Accommodations and Modifications
A crucial component of the 1988 amendments is the requirement for housing providers to make reasonable accommodations for residents with disabilities. An accommodation is a change in rules, policies, or services that allows a person with a disability to have an equal opportunity to use and enjoy their home. For example, this could mean allowing a tenant with a mobility impairment to have a reserved parking space closer to the building, even if a "no pets" policy is in place for an assistance animal. Furthermore, tenants may request reasonable modifications to the physical unit at their own expense, such as installing grab bars in a bathroom or lowering kitchen cabinets, provided the changes are necessary for the disabled person to use the property.
Enforcement and Legal Recourse
The amendments also strengthened the enforcement mechanisms of the Fair Housing Act. The Department of Housing and Urban Development (HUD) was granted expanded authority to investigate complaints and pursue legal action against violators. Individuals who believe they have been discriminated against can file a complaint with HUD or file a private lawsuit in federal court. The legal framework established by the 1988 amendments allows for the recovery of damages, including compensatory damages for emotional distress, punitive damages, and attorney's fees. This created a significant deterrent against discriminatory practices and provided tangible remedies for those who had been wronged.
