the basics of the fair housing act presented by: sarah fisher idaho human rights commission...
TRANSCRIPT
THE BASICS OF THE FAIR HOUSING
ACTPresented 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?”
Fair Housing Basics
4. What makes discrimination illegal?
5. Who must comply?
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
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)
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?
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)
What makes discrimination illegal?
Discrimination can mean a failure to reasonably
accommodate a person’s disability
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
Illegal Discrimination Can Be…
Charging a higher rent amount
for tenants with children
Making a tenant follow stricter rules because he is
Russian.
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
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
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
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
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
This Means…Property OwnersProperty ManagersProperty Maintenance StaffReal Estate Brokers or AgentsHomeowners/Condominium
AssociationsHousing Authority StaffHousing Developers and
ContractorsMortgage Lenders and
Financial InstitutionsAdvertising Media
Specific Fair Housing Issues
Sexual Orientation
Family Status
Advertising
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.
How?Under Disability:
A gay man is evicted because his landlord believes he will
infect other tenants with HIV/AIDS.
How?Under Sex/Gender:
A property manager refuses to rent an apartment to a
prospective tenant who is transgender.
Familial Status What is familial status?
Do’s and Don’tsOccupancy
HOPA
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
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
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
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
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
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
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
HOPA - Continued
62+ HousingHousing facility or community
intended for and solely occupied by persons 62 years
and older
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
Questions???
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
Advertising GuidelinesExamples of Permissible phrases Master bedroomDesirable NeighborhoodFemale roommate wantedMother-in-law suiteNo smokingFamily room
http://www.hud.gov/offices/fheo/library/part109.pdf
Advertising GuidelinesExamples of Phrases to AvoidWhite family homeAdult CommunityRoselawn Catholic Home (without a non-discrimination statement)
What about “no pets”?
Advertising - Continued
THE KEY:DESCRIBE THE PROPERTY
NOT THE TENANTS!
Questions???
Who Do I Contact?
Intermountain Fair Housing Council
5460 West Franklin Road, Suite MBoise, ID 83705
1-208-383-0695 (Phone)
Who Do I Contact?
Idaho Commission on Human Rights
317 West Main StreetBoise, ID 83735-0660
www.humanrights.idaho.gov