human rights project!

Human Rights Project!

Housing Discrimination in the United States

By: Sarah Wiczek & Dana Melink

Article 25 in the Universal Declaration of Human Rights:Article 25.(1) Everyone has the right to a standard of

living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Who is being discriminated? Race Religion Ethnic background or nationality Sex Family status (kids, married, exc.) Mental or physical disability

Statistics(2002) 25,246 complaints 30% race 27% disability 15% family status 12% nationality HUD estimates 2 million cases actually

happen every year

What Does This Mean For Fair Housing? Everyone is entitled to adequate housing

regardless of age, economic status, group or other affliction or status, and enjoyment of this right

People can’t be denied shelter

What do we mean by “adequacy”?The following are factors regarding housing: Legal security of tenure- security against forced

eviction, harassment, or other threats. Availability of services, materials, facilities and

infrastructure- housing must have safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities-including food storage and garbage disposal

What do we mean by “adequacy”?...continued Habitability- Adequate space, physical

security, shelter from weather, and protection from health threats

Accessibility- Accessible to all, including disadvantaged groups of society

Location- Has access to work opportunities, health care, schools, child care, and other social facilities.

What do we mean by “adequacy”?...continued Affordability- cost of house shouldn’t

threaten other basic needs. Cultural Adequacy- housing can illustrate

cultural expression

Who protects these rights? The Department of Housing and Urban

Development or “HUD” HUD is responsible for creating national

policies and programs to enforce fair housing laws.

What can you do if you’re being discriminated? Register a complaint to HUD HUD will determine if they are in harm HUD will decide if either they are or a state or

local agency can act on the complaint If necessary, the case will go to an administrative

hearing, where you have the right to be represented.

At the hearing, the judge will determine whether you are entitled to actual damages, including humiliation, pain and suffering.

US Supreme Court Cases Jones v. Mayer Co. (1968)

The court held that federal law bans all racial discrimination (private or public), in sale or rental of property

Village or Arlington Heights v. Metropolitan Housing Development Corp. (1977) The court declared that proof of a racially

discriminatory intent is required in claim that race was a motivating factor in a land zoning decision

What are some acts regarding fair housing? Age Discrimination Act of

1975 Prohibits discrimination on the

basis of age in programs or activities receiving federal financial assistance

Fair Housing Act (1968) Prohibits discrimination in the

sale, rental, and financial of dwellings, and in other house related transactions, based on race, color, national origin, religion, sex, familial status, and disabilities