Fair Housing in Nebraska
What Housing is covered?
The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.
Key Aspects of Fair Housing in Nebraska
- Protected Classes: Discrimination is illegal based on race, color, religion, national origin, sex, disability, and familial status (families with children).
- Covered Activities: It is unlawful to refuse to rent/sell, falsely deny housing availability, or set different terms/conditions based on protected status.
- Prohibited Practices: This includes discriminatory advertising, "blockbusting" for profit, and steering, where renters are directed toward or away from specific neighborhoods.
- Reasonable Accommodation: Housing providers must make reasonable accommodations in rules or policies to afford people with disabilities equal housing opportunity.
- Retaliation: It is illegal to coerce, threaten, or interfere with anyone exercising their fair housing rights.
How to File a Complaint:
If you believe you have experienced discrimination, you can:
- File with NEOC: Complaints must be filed within one year of the alleged discriminatory act.
- Contact the Fair Housing Center of Nebraska-Iowa Provides advocacy and assistance.
- File with HUD: Housing discrimination complaints can be filed through the U.S. Department of Housing and Urban Development.
Additional Protection if You Have a Disability:
- Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex or mental retardation) that substantially limits one or more major life activities.
- Have a record of such a disability or
- Are regarded as having such 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 the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.)
- Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.
Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.
Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.
However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.
Requirements of New Buildings:
In buildings that are ready for first occupancy after March 13, 1991, and have an elevator and four or more units:
- Public and common areas must be accessible to persons with disabilities
- Doors and hallways must be wide enough for wheelchairs
- All units must have: 1) An accessible route into and through the unit, 2) Accessible light switches, electrical outlets, thermostats and other environmental controls and 3) Kitchens and bathrooms that can be used by people in wheelchairs.
If a building with four or more units has no elevator and will be ready for first occupancy after March 13, 1991, these standards apply to ground floor units.
These requirements for new buildings do not replace any more stringent standards in State or local law.
Housing Opportunities for Families:
Unless a building or community qualifies as housing for older persons, it may not discriminate based on familial status. That is, it may not discriminate against families in which one or more children under 18 live with:
- A parent
- A person who has legal custody of the child or children, or
- The designee of the parent or legal custodian, with the parent or custodian's written permission.
Familial status protection also applies to pregnant women and anyone securing legal custody of a child under 18.
Exemption: Housing for older persons is exempt from the prohibition against familial status discrimination if:
- The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program or
- It is occupied solely by persons who are age 62 or older or
- It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates an intent to house persons who are 55 or older.
A transition period permits residents on or before September 13, 1998, to continue living in the housing, regardless of their age, without interfering with the exemption.
Local Fair Housing Representative
Local Fair Housing Representative for the City of Wahoo: Melissa Harrell, City Administrator/Treasurer, 608 N Linden, Suite B, P.O. Box 398 Wahoo, NE 68066 Phone: 402.443.3222
You have the right to fair housing - whether you are buying, renting, or applying for a loan. In this Connects program, host Tut Kailech discusses the history of housing discrimination in Nebraska and the U.S. The Nebraska Equal Opportunity Commission and other agencies present common scenarios and share advice for Nebraskans who suspect they have experienced housing discrimination. Welcome Homes: Fair Housing in Nebraska also includes information for buyers, renters, and housing providers.