The Affects of Fair Housing on Social Service Programs

1. The Affects of Fair Housing on Social Service Programs Amber Young, LMSW & Stephanie Bloom, LMSW

2. *Disclaimer* • All information shared in this presentation is intended solely to impart standard, universal information about Fair Housing. • Because Fair Housing enforcement is so region specific and open to interpretation, this information should not take the place of legal counsel.

3. Fair Housing History in Boise Community House, Inc. VS. City of Boise

4. Fair Housing History in Boise • In 2013 the Intermountain Fair Housing Council was awarded a $324,630 Private Enforcement Initiative Grant to provide a statewide, full-service fair housing enforcement program. Fair housing investigation and enforcement activities will include systemic investigations and site design and construction assessments.

5. Why learn about Fair Housing? It protects many people from discrimination It protects housing providers from a complaint It can protect you! Clients are more educated and have greater assistance with filing complaints than ever before.

6. Basics • Definition of Fair Housing- “The right of all people to be free from discrimination in the rental, sale or financing of housing.” • Protected classes • Race • Color • National origin • Religion • Gender • Disability

7. Basics- continued • Familial status (includes children under 18, parents, step parents, adoptive parents, guardians, foster parents, custodians of a minor, pregnant women, or someone in the process of acquiring legal custody of a child) • In 2012, HUD approved a rule that sexual orientation and gender identity and expression should not be taken into consideration for eligibility for all McKinney-Vento-funded housing programs, as well as to other housing assisted or insured by HUD. • States are able to add extra provisions, as well. • Example: 12 states and the District of Columbia include source of income as a protected class.

8. Video Protected Classes • https://www.youtube.com/watch?v=8J8KwmdX9X0 • http://www.youtube.com/watch?v=MeQd69pZTaI

9. Who must comply? • Participants in the advertisement, sale, rental or financing process related to housing. • 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. • Shelters (One exception: true emergency shelter without a storage space or any reserved spaces and no federal funding)

10. Enforcement Over 4 million housing violations occur each year!!!

11. Enforcement 2012 Types of Complaints Filed • 55% Disability • 25% Race • 20% National origin

12. Definition of a Disability • A physical or mental impairment which substantially limits one or more major life activities or a record of such an impairment or being regarded as having such an impairment.

13. Disability Video • https://www.youtube.com/watch?v=wFk2G9Q7aiU

14. Reasonable Modification • A physical change to the existing property that is necessary for a disabled person to have full enjoyment of the premises of a dwelling. • Most likely is at the expense of the program. * Consult ADA and Fair Housing for further clarification of expense.

15. Reasonable Accommodation • A change, exception or adjustment to the rules, policies, practices, or services as necessary for a disabled person to have full enjoyment of the premises of a dwelling. • Requires entering into an “Interactive Dialogue”.

16. Requesting an Accommodation • Client’s responsibility: • Make the request for accommodation (obvious vs. not obvious) • Cooperate with providing information regarding their need for the accommodation in order to have an equal opportunity to use and enjoy your housing unit. • Management may: • Request supporting information from the tenant to document the need for the accommodation (not to provide a description of their disability).

17. Denying an Accommodation An accommodation may be denied for 3 reasons 1. It poses an undue financial burden; 2. It alters the fundamental purpose of the program; 3. Granting the request would be a direct threat to other residents and/or staff. *If an accommodation is denied, the provider should discuss with the requester whether there is an alternative accommodation that would effectively address the requester's disability-related needs without a fundamental alteration to the provider's operations and without imposing an undue financial and administrative burden.

18. Animals • https://www.youtube.com/watch?v=stjdnQYYEKg

19. Animals • Pet: An animal kept primarily for amusement or company. • Assistance Animals: An animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability.

20. Animals, continued • DO NOT require participants with an obvious disability/assistance animal need to file a reasonable accommodation. • No Pet Lease Agreement or security deposit. • They will be responsible for the conduct of that animal and must comply with the service and companion animal rules, including but not limited to: 1.Maintaining the animal under control at all times when outside the housing; 2. Preventing the animal from causing damage to the housing, grounds; 3. Cleaning up all animal waste; 4. Not allowing the animal to disturb the quiet use and enjoyment of other tenants. • No limit on specific breeds, animals or quantity, unless City Code specifies restrictions.

21. Children Video https://www.youtube.com/watch?v=PvTcWw3bVMo

22. Children • You cannot have rules specifically for children • Safety-reactionary not preventative • Strive to provide a safe environment for all

23. How Fair Housing SavvyAre You? • Language Assistance Plans? How do you handle people who speak other languages? • Case: Domestic Violence shelter • Case: Nampa Shelter • Case: Chickens? • Case: Idaho, Inc.

24. Do’s: • Trainings-Staff & Volunteers • Bare necessity eligibility criteria & pre-screening data collection. Put standardized screening and intake criteria in writing and use them to evaluate all applicants; • Waiting lists- screen, evaluated and select in chronological order.

25. Do’s: • Policies and procedures reviewed by a local attorney and TSA lawyers • Documentation, documentation! • Best practice-Document a reasoning for each rule • Good intentions won’t protect you in court!

26. What can you do? • Ask yourself, • “Do we have any policies that blatantly break Fair Housing law?” • “Do our clients know how to make a request for reasonable accommodations?” • “Do our staff and volunteers know how to answer questions about Fair Housing?” • “Do you have a Language Assistance Plan?”

27. Resources • http://www.fairhousingfirst.org/faq/mfhousing.html • http://portal.hud.gov/hudportal/documents/huddoc?id=2012charges.pdf • http://housingrights.org/renters/agencies.htm

28. Contact Info Stephanie Bloom, LMSW Stephanie.bloom@usw.salvationarmy.org

29. Questions?