It’s been a long-held belief that while real estate agents and property managers must adhere to both Fair Housing Laws and the Americans with Disabilities Act, private citizens were exempt.
When it comes to advertising, that is a false belief.
When James Prater, a private home seller in Michigan, posted a homemade sign reading “Terms: No Foreigners, Iraq Vet,” alongside the for sale sign on his front lawn, it didn’t take long before the sign was reported to the U.S. Department of Housing and Urban Development.
The complaint is now being investigated by that agency. In addition, the Michiga department of Civil Rights has filed a complaint against Mr. Prater, because his actions are in violation of the State Civil Rights act.
Discriminatory advertising is illegal at both the State and Federal level.
This case is being pursued as an example, since authorities believe that allowing even one such sign sends a message to the community that discrimination in advertising is legal, accepted, and merely an extension of one’s First Amendment right to free speech.
Mr. Prater is a retired Sergeant in the US military and served in Iraq in 2007 and 2008. His biases may have root in his personal experiences, but Civil Rights Director, Agustin V. Arbulu says that does not give him a right to discriminate against anyone who may wish to purchase his house. He says that in today’s political climate, it’s imperative for authorities to challenge outright discrimination.
Mr. Prater does have an attorney and is mounting a defense. Authorities, however, believe he is likely to be found in violation and subject to fines.
What else is covered?
The Fair Housing Act, which was passed in 1968, protects renters and homebuyers from discrimination on the basis of race, color, national origin, religion, sex, disability, and the presence of children.
Who is exempt from Fair Housing Laws?
Private owners acting on their own behalf who own no more than 3 single-family homes. However, the exemption only covers the actual sale or renting of property. Discriminatory advertising is not covered by this exemption.
In addition, when State laws are more restrictive than Federal laws, as in not granting any exemptions, State laws prevail
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