<P> Nonexclusionary discrimination practices refer to "actions and practices that occur within an already established housing arrangement, most often entailing racial harassment, differential treatment of tenants, or disparate application of contractual terms and conditions of residency ." Individuals and families already housed experience ongoing intimidation, differential treatment, and harassment, and nonexclusionary discrimination often results in distress for victims since the victim is often legally bound to the home and usually has direct contact with the perpetrator on a regular basis . Landlords and owners are still responsible for the majority of this type of housing discrimination, but neighbors and banking and lending institutions participate more . For instance, even without institutionalized exclusionary power, residential neighbors can harass and intimidate tenants . </P> <P> Most nonexclusionary discrimination cases involve applying discriminatory terms and conditions within the victim's current residential setting . The majority of these cases involve terms, conditions, and privileges relating to a current rental arrangement . These cases are often seen as unfairly raising the rent of a select group or allowing certain tenants privileges, like using a facility after hours or being lenient on pet policies . Many nonexclusionary discrimination cases involve the failure to provide equal access to services and facilities, such as purposely delaying or completely forgoing fixing a broken pipe . More terms and conditions cases involve discriminatory financing, loans, and appraisals of the individual or family's property, which is when the discriminatory actor takes advantage of the victim financially . </P> <P> Other forms of nonexclusionary discrimination include the use of harassment, intimidation, and coercion toward victims . This includes racial slurs and threats of violence, both of which create an uneasy environment in which the victims live . These forms can cause excessive anxiety and stress for the individual or family affected . If an individual holding a position of an authority, such as the landlord, is responsible for the nonexclusionary discrimination, the victim is left with a feeling of powerlessness and lack of ability to get help . </P> <P> Exclusionary and nonexclusionary describe the various disparate treatments that housing providers or agents can place upon renters and buyers . In addition to these types of housing discrimination, certain policies that do not discriminate on its face have also been found to cause housing discrimination in the United States . Disparate impact is a facially neutral housing policy that negatively impacts minorities or other protected groups of people . Disparate impact was not always looked at in the housing context . It was first applied in housing discrimination in 2015 when the Court found Congress had intended to include liability for disparate impact discrimination in the Fair Housing Act and its recognition is consistent with the central purpose of the Act since it was amended in 1988 . After that case, HUD began recognizing many types of disparate impact treatment . For example, HUD published a statement concluding that blanket prohibitions against tenants with criminal convictions would constitute disparate impact housing discrimination because incarceration rates in the United States are disproportionate between minorities and non-minorities . Disparate impact remains controversial as some feel that their freedom in implementing policies and rules is now limited due to the fear of unintended consequences of rules that originally had no discriminatory intent . </P>

Residential segregation and housing discrimination in the united states