Legally Speaking A look at national origin discrimination under the Biden Administration By Judy Drickey-Prohow
Anyone who has taken a fair-housing class knows
HUD’s rationale for this approach is based on the plain language of the FHA. That language makes it unlawful to discriminate against
that the Fair Housing Act (FHA) prohibits landlords
any person in connection with the rental of a dwelling or the terms
from discriminating against any person because of
and conditions of tenancy because of that person’s national origin. Nothing in the FHA limits the protections of that law only to persons
that person’s national origin.
who have legal status in the U.S. As a result, it follows that everyone – regardless of their legal status – is entitled to the protections of the FHA as long as that person is in the country.
For years this prohibition was interpreted to mean only that apartment owners could not fail or refuse to rent to anyone or discriminate against anyone in connection with the terms and conditions of their housing because of the country from which the applicant or the applicant’s ancestors came. Like all things involving fair housing, the interpretation of what constitutes national origin discrimination has expanded over the last several years, most commonly to include other issues such as discrimination against a person because of the food he/she eats, the clothing the person wears, the language the person speaks, and how different cultures celebrate holidays and festivals. With the inauguration of Joseph Biden as President of the United States, another issue is making its way to the forefront of fair housing. That issue involves discrimination against a person because of the person’s immigration status. This issue is not entirely new. The outlines of it were made during
The position that HUD has taken in the past, and is again taking, is
the presidential administration of Barack Obama, but during the four
that properties may not take a person’s immigration status into ac-
years that Donald Trump held that office, HUD was directed not to
count when they are asked to allow a person to rent there, or when
follow the original guidance.
interacting with them in the course of their residency.
HUD is now regrouping, with an emphasis on the intersection of
The old HUD guidance on this, which is being resurrected now, made
immigration and fair housing, and is looking to actively challenge
it clear, for example, that owners are not permitted to inquire about a
those situations where owners have engaged in conduct that creates
person’s legal status either at the time of the application or any other
barriers to housing accessibility.
Apartment News | July/August 2021
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