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The Fair Housing Law

The Fair Housing Law. Hot Topics Over 50 Years Later. Disclaimer.

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The Fair Housing Law

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  1. The Fair Housing Law Hot Topics Over 50 Years Later

  2. Disclaimer The information shared in this seminar is a focus of Federal Fair Housing and Virginia Fair Housing Law, and should not be used as legal advice. For legal advice, contact the company attorney, or seek an attorney that is familiar with the Fair Housing Law.

  3. The Actual Signing of … THE FEDERAL FAIR HOUSING ACT of 1968 TITLE VIII OF THE CIVIL RIGHTS ACT

  4. Martin Luther King Jr.

  5. What is a “Protected Class”? The term “protected class” is an anti-discrimination term that is used in state and federal law. It refers to a group of people who share a common characteristic and need protection from discrimination and harassment.

  6. The Federal Fair Housing • The Fair Housing Act of 1968 (FHA) (42U.S.C.A. §§ 3601-3631) is also known as Title VIII of the civil rights act of 1968. Congress passed the act in an effort to impose a comprehensive solution to the problem of unlawful discrimination in housing based on • Race (1968) • Color (1968) • Sex (1974) • National Origin (1968) • Religion (1968) • Familial Status (1988) • Disability (1988)

  7. The Virginia Fair Housing Law (§ 36.96.1) It is the policy of the Commonwealth of Virginia to provide for fair housing throughout the Commonwealth, to all its citizens, regardless of • race, • color, • religion, • national origin, • sex, • elderliness, • familial status, • or handicap, and to that end to prohibit discriminatory practices with respect to residential housing by any person or group of persons, in order that the peace, health, safety, prosperity, and general welfare of all the inhabitants of the Commonwealth may be protected and insured. This law shall be deemed an exercise of the police power of the Commonwealth of Virginia for the protection of the people of the Commonwealth.

  8. Exemptions Under the FHA & VFH Law • An owner with three (3) or less single family homes. • An owner residing in an “owner occupied” building consisting of 4 units or less (Mrs. Murphy). • An owner of a single family home rented or sold without the use of a real estate agent or broker. • Religious organizations (non-public) housing, without discriminating based on race, color, national origin, sex, familial status, handicap & elderliness. • Educational institutions (housing) exempt from sex/gender discrimination. • Elderly communities are exempt from “familial status” discrimination.

  9. DISABILITY OR HANDICAP • Refers to individuals with mental or physical disabilities to have a choice of housing regardless or their disabilities.

  10. The Definition Of Disability • (i) a physical or mental impairment that substantially limits one or more of such person's major life activities; • (ii) a record of having such an impairment; • Or, (iii) being regarded as having such an impairment.

  11. Disability + Change = Equality • Reasonable Accommodations • Reasonable Modifications

  12. Assistance Animals – Example of Reasonable Accommodations

  13. According to the law, what can a provider do before granting an individual’s request for an assistance animal? The housing provider may ask the following questions: • (I) Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substantially limits one or more major life activities? • (2) Does the person making the request have a disability-related need for an assistance animal? In other words, does the animal work, provide assistance, perform tasks or services for the benefit of a person with a disability, or provide emotional support that alleviates one or more of the identified symptoms or effects of a person's existing disability?

  14. Assistance, Emotional Support and Companion Animals • NO DEPOSIT OR RENT IS REQUIRED. • No specialized training, certificate is required. (Only verification that animal provides a “necessary” service related to the resident’s disability.) • They can be any size, breed or weight. • Must not be a threat to other residents or property. • Requires residents to follow “pet rules” that may include: noise control, leash, license, shot records, clean up after. • Resident must have control of and take care of the animal. • Residents are responsible for damages to property.

  15. Guide to Reasonable Accommodations Requests for Assistance Animals • http://www.townhall.virginia.gov/L/GetFile.cfm?File=C:\TownHall\docroot\GuidanceDocs\222\GDoc_DPOR_6045_v2.pdf

  16. A Hot Topic of Concern Under Disability is… Hoarding 6% of the world’s population Hoarding is more than collecting! HOARDING Landlords must make a Reasonable Accommodation! Elderly women more likely to hoard! Early intervention!!!

  17. One Thing is True… Behind all of the accumulation of items… there is a HUMAN BEING… That never intended to hoard!!!

  18. The FHA on Reasonable Modifications “ One type of disability discrimination prohibited by the Act is a refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.” Joint Statement on Reasonable Modifications

  19. Reasonable Modifications • A modification is a physical change to the structure of a building, including a dwelling unit and common areas. • In privately funded properties, tenants are required to pay for modifications. In programs receiving federal financial assistance (i.e., public housing authorities) landlords are required to pay for modifications. • Restorations on the inside of the dwelling ONLY, may be required. • An escrow account may be required the expense to restore the property to offset the cost .

  20. Maternity Leave Discrimination • U.S. penalizes lenders over maternity-related mortgage discrimination • Any denial or delay of a mortgage application, according to fair lending regulations, violates the federal Fair Housing Act, which prohibits any form of unequal treatment based on gender or familial status. LA Times

  21. Housing’s Version of #Metoo

  22. A Woman’s Choice – Sexual Favors or Lose their Homes -BBC http://www.bbc.com/news/world-us-canada-42404270

  23. HUD’s Final Rule on Harassment Harassment in housing threatens a resident’s safety and privacy in her own home. In HUD’s experience enforcing the Fair Housing Act, low-income women—often racial and ethnic minorities and persons with disabilities—may be particularly vulnerable to sexual harassment in housing. HUD’s final rule on harassment in housing includes: Formal uniform standards for evaluating claims of hostile environment and quid pro quo harassment in the housing context. • Quid Pro Quo Harassment involves subjecting a person to an unwelcome request or demand and making submission to the request or demand a condition related to the person’s housing. • Hostile Environment Harassment involves subjecting a person to unwelcome conduct that is sufficiently severe or pervasive such that it interferes with or deprives the person of the right to use and enjoy the housing. Clarification as to when housing providers and other covered entities or individuals may be held directly or vicariously liable under the Fair Housing Act for illegal harassment or other discriminatory housing practices. HUD September 2016

  24. Domestic Violence & Fair Housing

  25. FAMILIAL STATUS

  26. Discriminatory Concerns for Families with Children • Occupancy • Curfews • Rules

  27. Fair Housing and Disparate Impact Standard • What is Disparate Impact Standard According to The Fair Housing Law? • A facially neutral housing practice is one that does not appear to be discriminatory on its face; rather it is one that is discriminatory in its application or effect

  28. Breaking News HUD to Landlords: Rent to ex-convicts or else face the consequences. (April 16, 2016)

  29. Other Regulated Related Industries • Advertising • Accessible Housing (Construction) https://www.fairhousingcoach.com/article/virginia-complex-settles-accessibility-case-600k-plus-retrofits • Mortgage Banking • Homeowners and Rental Insurance

  30. Document! Document! Document! Not only does thorough documentation help protect housing and shelter providers from allegations of misconduct, it also helps provide residents and guests with a sense of fairness and equity. • Under the Fair Housing Act complainant(s) may file a complaint with HUD one year after an alleged discriminatory practice. • Under the Virginia Fair Housing Law, a person has one(1) year or 365 days to file a complaint, and two (2) years or 730 days to file a lawsuit.

  31. Are there any questions?

  32. Presenter Mahalia I. Dryden-Mason aka MALLY Fair Housing Training Specialist Mally.Mason@dpor.virginia.gov (804) 367-4873

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