HUD’s Office of Fair Housing and Equal Opportunity (FHEO) published a new FAQ compilation called “Immigration Status and Housing Discrimination, Frequently Asked Questions.” The three-page FAQ answers eight fundamental questions.

Everyone is protected by the Fair Housing Act. A person’s immigration status does not affect their fair housing rights or responsibilities. For example, a landlord cannot charge a different rent because of a person’s national origin. National origin is one of the “protected classes” under the Act, along with race, color, religion, sex, disability and familial status (for example, families with children). National origin discrimination means treating someone differently in housing because of their ancestry, ethnicity, birthplace, culture or language.

Landlords are allowed to ask for identity documents and carry out credit checks to determine whether a potential renter is able to pay the rent. However, procedures must be consistent. If a landlord asks for information from one person or group, the landlord must ask everyone for the same information.

In a related development, HUD reached an agreement with the owner of an apartment complex in Clanton, Alabama after a complaint was filed by the Central Alabama Fair Housing Center (CAFHC). The voluntary agreement settles allegations that the owner, Chilton Associates, had a policy of discriminating against prospective tenants based on national origin by requiring prospective Hispanic tenants to provide documentation of their immigration status while not asking the same of non-Hispanic applicants.

As part of the settlement, impacting Chilton Associates’ 9,406 units across eight southern states, Chilton will develop a plan to market housing to limited English proficiency populations, provide translation services and administer fair housing training to its employees and contractors.

The FAQ, available in English and Spanish, is attached.

Click here to view a HUD media release regarding the Chilton Associates settlement.