Housing discrimination against military members is unlawful in the United States. It is illegal for a landlord to refuse to rent to a military member based on their military status. This includes refusing to rent to military members who are active duty, reserves, or National Guard. It is also illegal for a landlord to discriminate against military members in terms of the terms of their lease, such as by charging them higher rent or requiring them to pay a larger security deposit. Furthermore, it is illegal for a landlord to retaliate against a military member for exercising their rights under the Servicemembers Civil Relief Act (SCRA). This means that a landlord cannot evict a military member for refusing to pay rent that is in violation of the SCRA or for taking other actions that are protected by the SCRA.
Military Equal Opportunity Considerations
Landlords are prohibited from discriminating against military personnel when renting housing based on federal, state, and local laws. These laws include the Fair Housing Act, state fair housing laws, and local ordinances. The Fair Housing Act prohibits discrimination based on race, color, religion, national origin, sex, familial status, and disability. The Department of Housing and Urban Development (HUD) includes military status as a protected class under the Fair Housing Act.
What constitutes Military Status
- Active duty service members, including the National Guard and Reserves when activated
- Veterans
- Spouses and families of active duty service members and veterans
Examples of Prohibited Military Discrimination
- Refusing to rent to someone because they are a service member, veteran, or family member
- Setting different terms or conditions for renting to someone because of their military status
- Harassing or retaliating against someone because of their military status
Exceptions to the Military Equal Opportunity Rule
- Owner-occupied dwellings with four or fewer units
- Housing operated by religious organizations and private clubs
- Housing that is designated for seniors or persons with disabilities
Consequences of Military Discrimination
- Fines
- Back rent
- Damages
- Injunctions
How to File a Complaint of Military Discrimination
- Contact HUD
- File a complaint online
- Call HUD’s toll-free number
- Visit a HUD office
Additional Laws and Legal Cases
In addition to the Fair Housing Act, there are other laws and legal cases that support the rights of military personnel to fair housing. These include:
- The Servicemembers Civil Relief Act (SCRA)
- DoD Instruction 1350.06
- United States v. Hunter, 459 F.2d 205 (4th Cir. 1972)
Penalties for Discrimination under SCRA
Violation Penalty Refusing to rent to a service member Up to $25,000 Setting different terms or conditions for renting to a service member Up to $25,000 Harassing or retaliating against a service member Up to $25,000 Landlords must be aware of their obligations under the federal and state fair housing laws and treat military personnel fairly and equitably.
Servicemember Civil Rights Act (SCRA) Restrictions
The Servicemember Civil Relief Act (SCRA), is a federal law established in 2003 to protect military members from certain civil proceedings, including rental agreements, during their active duty service. The SCRA extends specific rights and protections to service members to ensure their housing stability and prevent financial hardships while fulfilling their military obligations.
SCRA Restrictions on Rental Agreements
- Prohibition of Termination or Eviction: Landlords cannot terminate a lease or evict a service member during their active duty and for a period of 90 days after their service ends, unless the landlord can demonstrate a material breach of the lease by the service member.
- Rent Cap: While a service member is on active duty, their rent cannot exceed the rent they were paying when they entered active duty, plus any allowable increases permitted by the lease agreement.
- Termination of Lease: Service members have the right to terminate their lease if they receive orders for a permanent change of station or deployment for more than 90 days. They must provide their landlord with a copy of their orders and a 30-day notice of termination.
- Security Deposit: Landlords cannot increase the security deposit required from a service member without their consent. If the security deposit was paid before the service member entered active duty, it cannot be increased during their active duty or for 90 days after their service ends.
The SCRA also provides additional protections to service members, such as a stay of civil proceedings (including certain eviction proceedings), protection against default judgments, and limitations on interest rates for certain debts. These protections are intended to safeguard the financial and housing stability of service members while they serve our country.
Table of SCRA Protections for Renters
Protection Description Prohibition of Termination or Eviction Landlords cannot terminate a lease or evict a service member during active duty and for 90 days after service ends, unless there is a material breach of the lease. Rent Cap Rent cannot exceed the amount paid when the service member entered active duty, plus allowable increases. Termination of Lease Service members can terminate their lease if they receive orders for a permanent change of station or deployment for more than 90 days. Security Deposit Landlords cannot increase the security deposit without the service member’s consent or during active duty. Stay of Civil Proceedings Certain civil proceedings, including eviction proceedings, can be stayed while the service member is on active duty. Protection Against Default Judgments Courts cannot enter default judgments against service members without first appointing an attorney to represent them. Interest Rate Limitations Interest rates on certain debts, such as mortgages and car loans, are capped at 6% while the service member is on active duty. Note: The SCRA also provides additional protections and rights to service members beyond those listed in the table. Service members who believe their rights under the SCRA have been violated should seek legal advice from an attorney or contact their local legal assistance office.
The Fair Housing Act and the Military
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing based on several factors, including military status. This means that landlords cannot refuse to rent to military personnel based on their status as service members.
The FHA applies to all housing, including apartments, houses, condos, and townhomes. It also applies to housing that is rented or sold by a private landlord or a public housing authority. The FHA does not only protect military members who are currently serving. It also protects veterans and their families.
Discriminatory Practices
- Refusing to rent or sell housing to military personnel.
- Charging military personnel higher rent or security deposits.
- Imposing different terms and conditions on military personnel than on other tenants.
- Harassing military personnel or retaliating against them for asserting their rights under the FHA.
Exceptions
There are a few exceptions to the FHA’s prohibition on discrimination against military personnel. Landlords can refuse to rent to military personnel if they meet one of the following criteria:
- The landlord is a private individual who rents out a single-family home in which they also live.
- The landlord is a religious organization that rents out housing to members of its religion.
- The landlord is a private club that rents out housing to its members.
Even if a landlord meets one of these exceptions, they cannot discriminate against military personnel based on their military status. For example, a landlord cannot refuse to rent to a military member because they are a member of a military family, receive military benefits, or have a service-connected disability.
Remedies for Discrimination
If a military member believes that they have been discriminated against in housing, they can file a complaint with the Department of Housing and Urban Development (HUD). HUD will investigate the complaint and take appropriate action, which may include issuing a cease-and-desist order, imposing fines, or awarding damages to the military member.
Military members can also file a lawsuit against a landlord who has discriminated against them. In a lawsuit, the military member can seek damages, injunctive relief, and other remedies for the discrimination.
Additional Resources
Protected Class Prohibited Discrimination Race Refusing to rent or sell housing to someone because of their race Color Refusing to rent or sell housing to someone because of their skin color National Origin Refusing to rent or sell housing to someone because of their country of origin Religion Refusing to rent or sell housing to someone because of their religion Sex Refusing to rent or sell housing to someone because of their sex Familial Status Refusing to rent or sell housing to someone with children Disability Refusing to rent or sell housing to someone with a disability Military Status Refusing to rent or sell housing to someone because they are a member of the military .
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