the basics of the fair housing act presented by: sarah fisher idaho human rights commission...

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THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

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Page 1: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

THE BASICS OF THE FAIR HOUSING

ACTPresented by:Sarah Fisher

Idaho Human Rights Commission

208-334-2873

Page 2: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Fair Housing Basics

1. What is Fair Housing? 2. What are the Federal

protected “bases?”3. What is covered?

“issues?”

Page 3: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Fair Housing Basics

4. What makes discrimination illegal?

5. Who must comply?

Page 4: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

What is Fair Housing? Fair housing is the right of

all people to be free from discrimination in the rental, sale, or financing of housing.

Fair Housing means Equal Access

Page 5: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

The Federal Fair Housing ActProhibits discrimination in public

and private housing on the bases of:

Race/ColorSex (Gender)ReligionNational OriginDisabilityFamilial Status (Presence of

children under 18, pregnant female, securing custody, and designee of custodian)

Page 6: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Virtually ALL housing related transactions are covered, including: Renting or buying Terms or conditions, Rules & policies, contractsReasonable accommodations Mortgage lending, appraisals, and insurance

Advertising

What issues are covered under the Act?

Page 7: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

What makes discrimination illegal?

Discrimination means being treated differently than others

Not all discrimination is illegal

Illegal Discrimination = Covered Issue + Covered Basis

Refusing to rent (Issue) housing to someone because she is a

woman (Basis)

Page 8: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

What makes discrimination illegal?

Discrimination can mean a failure to reasonably

accommodate a person’s disability

Page 9: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

What makes discrimination illegal?Discrimination can mean a

landlord’s neutral policy, when put into practice, has a greater negative effect on one group of people of a certain protected class more than another group

of people

Page 10: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Illegal Discrimination Can Be…

Charging a higher rent amount

for tenants with children

Making a tenant follow stricter rules because he is

Russian.

Page 11: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Illegal Discrimination Can Be…

Charging a pet deposit or a fee for a service animal.

Requiring a qualified applicant to meet higher standards because she is African-American

Page 12: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Illegal Discrimination Can Be…

Evicting a disabled tenant because she requires a reasonable accommodation and needs a ramp for her disability

Telling applicants that an available apartment has been rented once it is known they are Muslim

Page 13: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Illegal Discrimination Can Be…

Retaliating against a tenant who has filed a Fair Housing complaint

Failing to take action if a tenant complains that another tenant is harassing them because they are Mexican

Page 14: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Who must comply with the Fair Housing

Act?Can include, but is not limited to: Any person and/or entity involved in the rental or sale of a dwelling or the advertisement of a dwelling

Page 15: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Who must comply with the Fair Housing

Act? Any person and/or entity involved in the design and construction of new dwellings

Any person and/or entity involved in other real estate related transactions such as mortgage lending, property/hazard insurance, zoning, municipal services

Page 16: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

This Means…Property OwnersProperty ManagersProperty Maintenance StaffReal Estate Brokers or AgentsHomeowners/Condominium

AssociationsHousing Authority StaffHousing Developers and

ContractorsMortgage Lenders and

Financial InstitutionsAdvertising Media

Page 17: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Specific Fair Housing Issues

Sexual Orientation

Family Status

Advertising

Page 18: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

The Fair Housing Act and Sexual Orientation

Sexual Orientation and Gender Identity are not protected

classes under the Fair Housing Act. 

However, a lesbian, gay, bisexual, or transgender person’s experience with

sexual orientation or gender identity housing discrimination

may still be covered by the Fair Housing Act.

Page 19: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

How?Under Disability:

A gay man is evicted because his landlord believes he will

infect other tenants with HIV/AIDS. 

Page 20: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

How?Under Sex/Gender:

A property manager refuses to rent an apartment to a

prospective tenant who is transgender. 

Page 21: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Familial Status What is familial status?

Do’s and Don’tsOccupancy

HOPA

Page 22: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Defining Familial Status

The presence of one or more children under the age of 18 in the household

Parent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child

Pregnant woman or someone in the process of acquiring legal custody of a child

Page 23: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Do’s and Don’ts:Do not refuse to rent to qualified

families with children unless you are a Housing for Older Persons (HOPA)

Do not refuse to rent to qualified families with children because of safety hazards –

Do not limit families with children to certain floors of buildings or to certain areas within housing complexes

Page 24: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Do’s and Don’ts:Do not establish rules that

target children

Follow existing health and safety laws when setting age limits for pool use or spa equipment

Page 25: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

OccupancyUnder some circumstances, a housing provider’s occupancy policy may have an unfair and

larger negative impact on families with children and

may, therefore, constitute a violation of the Fair Housing

Act

Page 26: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Occupancy – The Keating Memo

Keating Memo discusses reasonable occupancy policiesTwo persons per bedroom, as a

general rule, is reasonableHOWEVER, reasonableness is not

solely determined by the number of people permitted in each bedroom

http://www.hud.gov/offices/fheo/library/occupancystds.pdf

Page 27: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

The Keating Memo - Continued

Reasonableness of an occupancy policy is also determined by:Size of bedrooms and unitAge of childrenConfiguration of unitOther physical limitations of housing

State and local law

Page 28: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Housing for Older Persons Act (HOPA)The Fair Housing Act prohibits discrimination in housing based on family status (presence of children)

There are three exceptions to this rule found in the Housing for Older Persons Act:

– State or Federal housing programs designated by HUD Secretary to be specifically for the elderly

http://www.hud.gov/offices/fheo/seniors/index.cfm

Page 29: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

HOPA - Continued

62+ HousingHousing facility or community

intended for and solely occupied by persons 62 years

and older

Page 30: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

HOPA-Continued55+ Housing-criteria to qualify:

Housing facility or community where at least 80% of its occupied units is occupied by at least one person aged 55 or older

Intent to operate as housing designed for persons 55 and older

Process to verify age of occupants

Page 31: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Questions???

Page 32: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

AdvertisingThe Fair Housing Act prohibits

the making, printing, and publishing of any notices,

statements or advertisements with respect to the sale or rental of a dwelling which indicates any preference,

limitation or discrimination because of a protected class

covered under the Act

Page 33: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Advertising GuidelinesExamples of Permissible phrases Master bedroomDesirable NeighborhoodFemale roommate wantedMother-in-law suiteNo smokingFamily room

http://www.hud.gov/offices/fheo/library/part109.pdf

Page 35: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Advertising - Continued

THE KEY:DESCRIBE THE PROPERTY

NOT THE TENANTS!

Page 36: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Questions???

Page 37: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Who Do I Contact?

Intermountain Fair Housing Council

5460 West Franklin Road, Suite MBoise, ID 83705

1-208-383-0695 (Phone)

Page 38: THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208-334-2873

Who Do I Contact?

Idaho Commission on Human Rights

317 West Main StreetBoise, ID 83735-0660

[email protected]

www.humanrights.idaho.gov