Fair Housing and Land Use Rights

Did you know that civil rights also protect certain property and housing rights? 

For example, the Fair Housing Act prohibits a land owner from refusing to sell or rent to an individual because of that individual’s protected class (race, religion, disability, family status, etc.). In Colorado the land owner also cannot discriminate in housing decisions based on an individuals’ veteran/military status or source of income.

The Religious Land Use and Institutionalized Persons Act (RLUIPA) protects a landowner’s right to use property for religious uses unless the government has a compelling government interest to regulate the activity. Even then, the regulation must be narrowly tailored and the least restrictive means to achieve the compelling interest. While governments may use their zoning power to regulate the use of land, they cannot pass zoning laws that violate either RLUIPA or the Fair Housing Act.

Additionally, government zoning processes and decisions must comply with the Americans with Disabilities Act. That may mean allowing a reasonable accommodation for zoning regulations to let individuals have emotional support animals that are prohibited by a zoning district, or to use the property to house disabled individuals, like a sober home. 

Types of land use and housing rights we can help enforce:

• Discriminatory housing practices such as refusing to rent or sell based on race, religion, disability, or family status (such as having young kids).

• Restrictions on a religious organization using their property for religious purposes.

• Refusing to grant a reasonable accommodation to zoning regulations. 

• Zoning regulations or decisions that prohibit the use of residential property for disabled individuals, such as prohibiting the use of properties as a sober home.