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Des Moines Human Rights Commission
Fair Housing

Fair Housing Pamphlet

What is Fair Housing?

Fair Housing means families or individuals have an equal opportunity to reside in, to buy, or to rent housing of their choice, in the neighborhood of their choice, and for which they financially qualify. Everyone has the right to be treated according to the same rules as everyone else.

Fair Housing laws promote equal opportunity and prohibit discriminatory practices that can unfairly limit the housing choices of numerous groups.

The Des Moines City Ordinance makes the following practices, listed below, illegal based on a person's: Race, Religion, Creed, Color, Sex, National Origin, Ancestry, Family Status, Sexual Orientation, Physical or Mental Disability.

Who is covered under the Fair Housing Act?

Real Estate Operators, Rentals, Sub-leases, Insurance Companies and Agents, Zoning, Sales, Advertising, Building Developers, Financial Institutions, Leases, Group Homes, Hospice Facilities, Nursing Homes, Seasonal Bungalows, Shelters for battered women, Shelters for homeless people.

Properties not covered under Des Moines Housing Code

• An owner-occupied dwelling that contains no more than two families living independently of each other.
• An owner-occupied building, that qualifies for the homestead tax credit, that contains dwellings for no more than four families living independently of each other.
• A dwelling where opposite gender residents must share a common bathroom facility on the same floor of the building.
• A religious institution, with respect to any qualifications it may impose based on their religious beliefs.
• An owner-occupied, single dwelling, that contains less than four rooms.

Definition of a Disability

The Fair Housing act defines a person with a disability to include individuals with a physical or mental impairment that substantially limits one or more major life activities. Including:

• Individuals who are regarded as having such an impairment
• Individuals with a record of such an impairment

If you have a disability your landlord may not:

• Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for full enjoyment of the dwelling.
• Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for full enjoyment and use of the dwelling.

Accessible Multi-Family Housing

Under the Fair Housing Act, newer multi-family housing must be accessible. This applies to housing when:

• The building was built after March 13, 1991
• The building has four or more units
• The units are on the ground floor, or in a building with an elevator

Families with Children

It is illegal to refuse to rent or sell property to families, in which one or more children under the age of 18 live with:

• A parent
• A person who has legal custody of the child or children
• An individual who is assigned the role of parent or legal custodian with the parents written permission

Family Status also protects pregnant women and anyone securing legal custody of a child under the age of 18.

In "all-age" communities, rules, advertising, or signs that treat children differently or less favorably than adults, are illegal:

• Signs or community rules that require children to be under constant parental supervision in the community’s common areas may be discriminatory.
• “Adults only” hours or any age restrictive rules that limit children from access to the community’s common areas (laundry, pool, deck, tennis courts, parks) may be considered discriminatory.
• Rules that charge higher rents for families are illegal. (For example, asking additional rent for each child.)
• Occupancy limits (or the number of people per bedroom in a dwelling) are legally set by the local government.

Examples of Housing Discrimination

Steering: You have the right to choose where you live. An example of steering would be when a real estate agent shows a black person housing in a predominately black neighborhood and a white person housing in a predominately white neighborhood. Exaggerating drawbacks or failing to inform any person of desirable features of a dwelling of a community or communicating to any prospective purchaser or renter that he or she would not be comfortable or compatible with existing residents of a community are all violations of the law.

Failure to Allow Modifications: Property owners and managers must allow persons with disabilities to make reasonable structural changes, so that they can fully enjoy their homes.

Failure to Make Accommodations: Property owners and managers must make reasonable flexibility in rules and policies so that persons with disabilities may fully enjoy their homes.

False Denial or Availability: When a real estate or leasing agent tells you the property you are interested in is not available, when it actually is available for rent or purchase.

Blockbusting: Pressuring individuals to sell their homes because members of a protected class are moving into their neighborhood.

Refusal to Negotiate: It is illegal to refuse to deal, not return phone calls or ignore sales offers base on a person's protected class.

Financing Discrimination: Lending institutions such as banks, savings and loans, or mortgage lenders can not deny you a loan or discriminate in lending services they offer to qualified buyers.

Redlining: It is illegal to deny, limit, or impose different terms on mortgage loans or insurance coverage.

Advertising Discrimination: Any form of advertising for home or apartments, that indicates a limitation or preference based on ones race, color, national origin, ancestry, religion, creed, sex, family status, sexual orientation physical or mental disability.

Keep in Mind!

These are just some examples of common housing discrimination situations. If you have any questions at all, about a housing situation that happened to you, please call us. We are here to answer your questions and to decide if you do have a discrimination case. Even if we find that our services do not fit your needs, we can always direct you to someone who can better assist you.