Fair Housing and National
Origin
Federal and state laws forbid discrimination in housing transactions because of national origin.
What does “national origin” coverage mean?
Your national origin refers to your birthplace, ancestry, language, and/or customs. It is illegal for a landlord to deny housing or treat someone differently in a housing transaction because:
Fair housing laws apply to rental housing, home sales, home lending, home insurance, and advertising. No one can deny housing, limit access to housing, discourage someone seeking a home or create different rules, fees, or standards because of the national origin of a household.
Some typical examples of discrimination based on national origin include steering tenants of a particular national origin to one section of an apartment complex, refusing to make repairs to units occupied by people of a particular national origin, or prohibiting or limiting a tenant’s guests because of the national origin of the tenant or his/her guests.
Can a landlord discriminate against people who do not speak English?
No. However, there is no legal requirement for landlords to provide translation for their tenants. If a tenant does not speak English, it is up to the tenant to find someone to help him/her communicate with a landlord. In order to be clear on what their rights and responsibilities are, tenants who do not speak fluent English should get help reading their rental agreement from a trusted family member or friend before they sign it. It is also good to prepare a list of names and phone numbers of translators to give to the landlord.
Can a landlord require a social security number from a perspective tenant on an application?
Using a social security number as part of a background check on a perspective tenant is considered a standard rental practice as long as the landlord requires a social security number from all perspective tenants. If a landlord is requiring social security numbers ONLY from tenants of a particular national origin, that would constitute a fair housing violation. Landlords often use a person’s social security number to chick past rental, credit, and criminal history. If a tenant does not have a social security number, the landlord should accept a work visa number or student visa number. Tenants should NEVER use a false social security number.
What recourse do tenants have is other tenants harass them because of their national origin?
Landlords have a legal responsibility to protect tenants from being harassed based on their national origin. If a tenant is harassed because of his national origin and the landlord is aware of this harassment, the landlord has the responsibility to intervene. All tenants have the legal right to peaceful enjoyment of their homes. Continued harassment could be grounds for eviction.
Do fair housing laws apply only to US citizens?
Anyone living in the United States has fair housing protections. If someone is living in the U.S. illegally, they still have the right to file a fair housing complaint but may choose not to since the information will become public record. Any person calling the Fair Housing Council of Oregon will receive confidential information and assistance.
How can I learn more about my fair housing rights? Call the Fair Housing Council of Oregon (FHCO) at 503-223-8197 or 1-800-424-3247.
