Housing Discrimination Information
Both federal and Vermont state laws prohibit discrimination in housing. Following is a summary of federal and Vermont fair housing laws:
Who is Protected?
Federal fair housing law protects people on the basis of race and color, religion, sex, national origin, disability, and family status (presence of minor children in a household). Vermont fair housing law includes all of these categories, plus protects people on the basis of age, marital status, sexual orientation, and receipt of public assistance. You may not be denied a housing opportunity because of any of these categories. Most protected categories cover everyone. For example, you may not be denied housing because of sex whether you are a woman or a man. However, the protected category of disability only applies to people who have a disability (or perceived disability), and the family status category only applies to people who have, or are about to have, children in the home.
What is Prohibited?
Under fair housing law, a person may not be discriminated against in the sale or rental of a dwelling based on any of the protected categories (see “Who is Protected?”). Specifically, it is unlawful for any person to:
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Refuse to sell or rent, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling or other real estate to a person based on a protected category. This prohibition includes the practice of "steering", or showing a person only some available housing opportunities based on a protected category.
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Discriminate against or harrass a person in the terms, conditions or privileges of the sale or rental of a dwelling based on a protected category.
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Make, print or publish a statement regarding the sale or rental of a dwelling or other real estate that shows a preference, limitation or discrimination based on a protected category.
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Represent to a member of a protected category that a dwelling is not available when in fact it is.
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Deny or discriminate against a person in making a loan based on a protected category.
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Deny a person access to listing services based on a protected category.
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Refuse to make reasonable accommodations for a person with a disability that would ensure equal opportunity to enjoy a dwelling unit.
Exceptions
The provisions of the federal fair housing law do not apply to single family homes for sale by owner. The state law does not apply to buildings with three or fewer rental units if the owner (or in Vermont, a member of the owner's immediate family) resides in one of those units. Federal law exempts owner occupied buildings with four or fewer units. Under state law, the provisions regarding age and family status discrimination do not apply to housing complexes specifically designed for senior citizens that meet specific statutory criteria. Religious organizations in Vermont that own housing units (for "other than commercial purposes") may give preference to their members. In addition, under state law those who are selling or renting a dwelling are not required to do business with minors, and are not required to rent to a family with more people than are allowed in a unit by occupancy ordinances. State law specifically allows landlords to establish and enforce legitimate business practires to protect and manage the property, such as asking for references, credit checks, or noise regulations, as long as these practices are enforced consistently for all tenants. A landlord may restrict the presence of pets, but must grant a person with a disability a reasonable accommodation to have a service or aide animal, if the need for the animal is verified by a doctor.
Enforcement
If you believe you have been the subject of illegal discrimination, you may file a complaint with the Vermont Human Rights Commission, or call the federal Department of Housing and Urban Development (HUD). If, after an impartial investigation, the Commission or HUD determines that illegal discrimination occurred in housing, there will be an attempt to settle to complaint. If settlement attempts fail, the enforcement agency may then file a complaint with a court on behalf of the aggrieved individual. Alternately, a person may file a complaint directly with Vermont superior court (for alleged violations of state or federal fair housing law) or federal district course (for alleged violations of federal fair housing law).
Want to Know More?
Visit www.hrc.state.vt.us, call 800-416-2010 or e-mail the Vermont Human Rights Commission at human.rights@state.vt.us.
