Chapter 2: Discrimination

A. Disabled Tenants
B. Familial Status
C. Sexual Orientation
D. Identifying Discrimination
E. What to Do

Fair Housing laws protect you from discrimination by landlords, managers, agents, owners, and neighbors.

Federal Law

It is illegal to discriminate in any housing transaction on the basis of race, color, sex, family status, religion, national origin or mental or physical disability.

Oregon Law

In addition to the above, in Oregon it is illegal to discriminate because of your marital status or your source of income (provided the source is not illegal or criminal). (659.033)

Note: Landlords may, however, reject a couple who are unmarried, unrelated, and of the opposite sex if the rental requires the use of a common bath or bedroom. (659.033)

In Portland, Eugene, and Corvallis, it is also illegal to discriminate because of your sexual orientation or age. In Ashland, it is illegal to discriminate because of sexual orientation.

The fair housing laws exist to prevent the unfair treatment of protected classes by landlords. It does not, however, mean that landlords need to waive or change the rules for them. Fair landlords apply the same criteria when screening and working with all types of tenants. For example, a family with children which doesn't meet the minimum income level set by a landlord for all applicants would not be discriminated against if the landlord denied the application.

A. Disabled Tenants

A "disability" is a physical or mental impairment which substantially limits one or more of a person's functions, such as caring for oneself, doing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and/or working.

It is illegal to discriminate based on mental or physical disability. It is also illegal to discriminate against people because they have a hearing-ear or seeing-eye dog or other assistance animal, or to charge an additional non-refundable fee or excessive deposit for the animal. (346.610-346.660)

These protections also make it illegal to discriminate because a person is afflicted with AIDS or the HIV Virus.

Note: Landlords may not disclose if an occupant or former occupant is infected with or has died from AIDS or the HIV virus.

Other state and federal laws expand the rights of disabled tenants so that landlords must make "reasonable" accommodations in rules, policies, practices and services as necessary to allow a disabled person equal opportunity to use and enjoy a dwelling. (Civil Rights of Disabled People, (659.430) and the federal fair housing act, (42 U.S.C. 3601 et. Seq.))

Landlords must also permit reasonable modifications to the premises, at the tenant's expense, to make the dwelling useable for the tenant. The tenant may be required to restore the premises to the original condition at the end of the tenancy only if it is reasonable to do so. For example, a wheel chair ramp may have to be removed, but widened doors would not have to be narrowed.

Although federal regulations forbid requiring a deposit because of changes, they permit the landlord to require the tenant to open an "escrow" account, with interest going to the tenant, to ensure the funds are there to pay for any modifications, which the tenant can be required to move at the end of the tenancy.

Note: These protections do not protect a person who currently uses illegal or controlled drugs, or who has been convicted for the illegal distribution and manufacture of drugs. They do, however protect those who are recovering from addiction. Landlords should use the same criteria that they use on all other applicants concerning threats to the health, safety or property of the premises and occupants.

Right to Privacy
Applicants do not have to disclose their type of disability unless they are trying to get specific housing intended for disabled people. Landlords are not entitled to ask for or find out details of the specific health condition of the applicant or tenant.

B. Familial Status

The state and federal laws prohibit discrimination of families with children (i.e., because the tenant has a child, has or is securing legal custody of a child, or is pregnant). A child is a person under 18 years of age.

Renting to Minors
State law says a contract with someone under 18 is legal and binding only in the area of housing and utilities. It is not required by law but landlords may choose to rent to a minor, which is defined as someone who is:

• An un-emancipated and unmarried person living apart from their parent or legal guardians;]
• 16 or 17;
• under 16 and the parent in physical custody of a child or children;
• under 16 and pregnant with a child who will be living in their physical custody.
  

Minors should be held to the same screening, application, and responsibility standards as all other applicants and tenants.

An exception to the protections for familial status allows landlords to have "older person housing" which is:

1. publicly funded for elderly persons as defined in state or federal programs;

2. intended for and solely occupied by persons 62 or older; or

3. Intended and operated for occupancy by households including at least one person 55 or older, but only if:

• At least 80% of the units are occupied by at least one person 55 or older; and
• The owner has published and adhered to policies and procedures, which show intent to provide housing for persons 55 or older.
  

Federal law excludes "mom and pop" landlords from the familial status protections, although state law does not. "Mom and pop" landlords are defined as those who occasionally rent a single-family home, or nothing larger than a four unit building. They must also live in one of the units.

C. Sexual Orientation

There is no statewide law forbidding discrimination on the grounds of homosexuality, heterosexuality, or bisexuality. However certain cities have taken steps to protect such individuals including Portland, Eugene, Corvallis and Ashland. In these cities, discrimination is prohibited in housing, public accommodations and employment.

D. Identifying Discrimination

Most discrimination happens without the victim having the slightest suspicion that discrimination has occurred. Examples of illegal discrimination may include:

• saying that there is no vacancy when there is one;
• requiring a credit check or charging a higher rent or deposit only for members of a protected class (minorities, families, disabled, etc.); 
• trying to discourage a member of a protected class in any way (i.e., There are no other people of color here; you may feel more comfortable somewhere else); or 
• any other distinction in the terms or conditions of the rental.
  

E. What to Do

If you feel you have been discriminated against, the supposed violation should be reported. Depending on the type of discrimination, there are several ways to seek help.

The Oregon Fair Housing Council can provide additional assistance and may set up a test to determine if discrimination is actually happening.

For federally protected groups: call the Fair Housing Enforcement division of the U.S. Department of Housing and Urban Development (1-800-669-9777).

For complaints about race, color, religion, gender, national origin, marital status, and the city-specific age and sexual orientation regulations, call the Civil Rights Division of the Oregon Bureau of Labor and Industries (503-731-4075).

You can also seek legal assistance and file complaints in federal or state courts. Even if you don t have proof, file a complaint, especially if you feel you have been discriminated against during the application process. Quick action may result in preventing the landlord from renting the unit to someone else until your case is resolved.

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