Do you have questions about fair housing requirements? Although the U.S. Department of Housing and Urban Development (HUD) has withdrawn some of the formal guidance documents that explain how HUD interprets and applies existing federal housing laws, the federal fair housing laws remain in force, along with the State Fair Housing Act. Depending on the specific law in question, enforcement of fair housing laws may be handled at the federal or state level, through an administrative agency, or by a private lawsuit.
It is important for brokers to understand their legal obligations and to continue to adhere to fair housing laws. Highlighted below are some key distinctions to consider when evaluating legal authority in housing matters:
Statutes
- Laws enacted by the legislature at the federal and state levels
- Establishes your rights and responsibilities
- Used in court to settle legal disputes
- Brokers and other real estate professionals must comply with the federal and state Fair Housing Act
Administrative Codes
Case Law
- The courts’ interpretation of statutes
- Example: Federal and State court opinions addressing fair housing lawsuits.
- Sets precedent for how similar cases may be interpreted
- Used in court to settle legal disputes between the parties to the lawsuit
Agency Guidance
- Agency interpretation of how the law should be applied
- Clarify agency interpretation of the law and enforcement priorities
- Shapes procedural compliance
- NOT specifically enforceable by law, but indicative of the agency’s position on the law and rules.
Letters
- Provides issue-specific agency interpretation
- Addresses compliance expectations
- Intended to be persuasive and influential
- NOT specifically enforceable by law, but indicative of the agency’s position.