One of the main purposes of the Fair Housing Act, when Congress passed it in 1968, was to prohibit racial discrimination in the sale and rental of housing. Yet more than 30 years later, racial discrimination is still a problem. The majority of the Department of Justice`s model cases or practices involve allegations of racial discrimination. Sometimes housing providers try to cover up their discrimination by giving false information about housing availability, either by saying that nothing is available or by directing housing applicants to specific areas based on their race. People who receive such false or misleading information may not know that they have been discriminated against. The Ministry of Justice has initiated numerous cases alleging this type of discrimination based on race or colour. In addition, the ministry`s Fair Housing Assessment Program aims to expose this type of hidden discrimination and hold those responsible accountable. Most of the Ministry`s mortgage cases under the Fair Housing Act and the Equal Credit Opportunity Act have involved discrimination on the basis of race or colour. Some of the Department`s cases also alleged that municipalities and other local government agencies violated the Fair Housing Act by denying permits or zoning changes for subdivisions, or by barring them from predominantly minority neighborhoods because the prospective residents were supposed to be predominantly African-American. The Fair Housing Act defines discrimination against persons with disabilities in housing as meaning that some new apartment buildings are not «designed and constructed» to be accessible and usable by persons with disabilities, particularly wheelchair users. The law stipulates that all newly constructed residential buildings of four or more dwellings intended to be occupied in first possession after March 13, 1991 must have certain characteristics: an obstacle entrance on an accessible road, accessible areas for use by the public and the public, doors wide enough to accommodate wheelchairs, accessible pathways in and through each unit, switches, outlets and thermostats in an accessible location, reinforcements in bathroom walls for grab bar installations, and usable kitchens and bathrooms configured to allow a wheelchair to maneuver around the room. Developers, builders, owners and architects responsible for the design or construction of new apartment buildings may be held liable under the Fair Housing Act if their buildings do not meet these design requirements. The Department of Justice has taken numerous enforcement actions against those who have not done so.
Most cases have been resolved through Orders in Council of Approval that provide for various types of facilitations, including: retrofitting to inaccessible features where and where it is not accessible – alternatives (financial funds or other construction requirements) that allow for the accessibility of other housing; training on accessibility requirements for those involved in the construction process; A mandate that all new housing projects meet accessibility requirements and financial assistance for those harmed by violations. In addition, the ministry has worked to promote accessibility through building codes. The Fair Housing Act prohibits discrimination against families with children under the age of 18 at home, with some exceptions. The law not only prohibits the outright denial of housing to families with children, but also prevents housing providers from imposing special requirements or conditions on custodial tenants. For example, landlords may not accommodate families with children in only one part of a complex, unreasonably restrict the total number of people who can live in an apartment, or restrict their access to recreational services for other tenants. In most cases, the amended Fair Housing Act prohibits a housing provider from refusing to rent or sell to families with children. However, some facilities may be designated as housing for seniors (55 years of age). These types of housing, which meet the standards of the Aged Housing Act 1995, can function as «housing for the elderly». The Department of Housing and Urban Development (HUD) has issued additional regulations and guidelines detailing these legal requirements. The Fair Housing Act prohibits discrimination on the basis of disability in all types of real estate transactions. The Act defines persons with disabilities as persons with mental or physical disabilities that significantly restrict one or more important activities of life. The term mental or physical impairment can include conditions such as blindness, hearing loss, reduced mobility, HIV infection, intellectual disability, alcoholism, drug addiction, chronic fatigue, learning disabilities, head injuries, and mental illness.
The term main life activity can include sight, hearing, walking, breathing, performing manual tasks, self-care, learning, speaking or working. The Fair Housing Act also protects people who have or are deemed to have such a disability. Current users of illicit controlled substances, persons convicted of illegal manufacture or distribution of a controlled substance, sex offenders and young offenders are not considered disabled under the Fair Housing Act because of this status. The Fair Housing Act does not protect persons with or without disabilities who pose a direct threat to persons or property of others. However, the determination of whether a person poses such a direct threat must be made individually and must not be based on general assumptions or speculation about the nature of a disability. The Ministry of Disability Protection`s implementation of the Fair Housing Act has focused on two main areas. One is to ensure that zoning and land use by-laws are not used to interfere with housing choices for these individuals, including by unnecessarily restricting community or group housing arrangements, such as group homes. The second area is to ensure that newly constructed apartment buildings are constructed in accordance with the accessibility requirements of the Fair Housing Act so that they are accessible and usable by persons with disabilities and in particular wheelchair users. There are other federal laws that prohibit discrimination against persons with disabilities, including the Americans with Disabilities Act, which is enforced by the Disability Rights Section of the Civil Rights Division. The Fair Housing Act prohibits discrimination on the basis of sex in housing.
In recent years, the Ministry has focused on combating sexual harassment in housing. Women, especially the poor, who have few housing options, often have little choice but to tolerate the humiliation and humiliation of sexual harassment or risk having themselves and their families evicted from their homes. The ministry`s enforcement program targets landlords who create an unsustainable living environment by demanding sexual favours from tenants or creating a sexually hostile environment for them.