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The Role of the Resident Services Coordinator in Fair Housing

Ruben Rivera-Jackman, MNPL, GMH-S, PSCDirector of Resident Services

Ruben.Jackman@shag.org - (206) 701-5435

Americans with Disabilities Act of 1990 (ADA) Prohibits discrimination against

persons with disabilities in all services, programs and activities made available by state and local governments (Title I) and in all buildings open to the public (Title III).

Title IV of the Civil Rights Act of 1964

Prohibits all recipients of federal financial assistance from discriminating based on race, color or national origin.

The Housing and Community Development Act of 1974

Prohibits recipients of federal funding from discriminating on the basis of sex (gender). (42 USC 5309)

Section 504 of the Rehabilitation Act of 1973

Prohibits discrimination against persons with disabilities in any program or service receiving federal financial assistance.

In addition, this law requires providers to take additional steps to accommodate people with disabilities, such as paying for certain structural changes to increase the accessibility of housing and common areas.

Federal law that addresses domestic violence, dating violence and stalking.

Creates protections and rights for survivors of DV using Public Housing or S8 Housing.

VAWA affects many aspects of a Affordable Housing Provider’s operations including banning discrimination in screening and admissions procedures and setting guidelines for evictions of perpetrators of DV.

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Requires those who deny an applicant based in whole or in part on any information obtained from a consumer credit agency to provide oral, written or electronic notice of the denial to the applicant.

Such notice must include information about the agency that supplied the report and a statement explaining the individual’s rights to obtain a copy of the report and to dispute any contents of the report.

The Privacy Act of 1974

Established guidelines protecting an individual’s SSN and other personal information from misuse by federal agencies.

Since then additional federal and state laws have been passed to protect personal data from abuse by individuals and companies in the private sector.

Protects individual medical information and imposes privacy requirements on healthcare providers.

The Federal Fair Housing Act of 1968 and 1988 Amendments (FHA)

Passed in 1968 and 1988 prohibits discrimination in the sale, rental and financing of dwellings on the basis of race, color, religion and national origin.

The 1988 amendments prohibit discrimination based on disability and familial status (the presence of children under 18 in a household).

Expanded DOJ’s enforcement authority and established HUD’s ability to bring actions on behalf of the victims of housing discrimination.

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Does not protect a person whose disability

Would constitute a direct threat to the health and safety of other individuals. (example: hoarding, MH, alcohol/drug addiction )

Must be supported with recent, credible, objective evidence.

Would result in substantial physical damage to the property of others. (example: hoarding, MH, alcohol/drug addiction )

Certain questions are permitted only if they are asked of all applicants

Whether the person can meet the requirements of ownership or tenancy.

Whether the person is qualified for housing that is designated only to persons with disabilities or to persons with particular types of disabilities.

Certain questions are permitted only if they are asked of all applicants

In assisted housing, HUD permits designated housing for people with physical disabilities, developmental disabilities, or chronic mental illness.

Illegal Inquiries• To inquire whether a person has a disability.• To make an inquiry as to the nature or severity

of a person’s disability.• Do you have a disability?• Do you take medications?• Why do you receive SSI?• Have you been in a drug rehab program?• Are you able to live independently?• Are you sure you can live alone?

Federal, state, and local fair housing laws ensure that all individuals have equal housing opportunities.

New York State Human Rights Law prohibit discrimination by housing providers (including owners, real estate agents, managing agents, building superintendents, cooperative and condominium boards) and lenders (including banks and mortgage companies).

The New York State Human Rights Law protects all of the same characteristics as the federal Fair Housing Act but also makes it illegal to discriminate based on creed, age, sexual orientation, marital status, or military status.

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In New York State, fair housing laws cover most housing, with three main exceptions:1. One or two family owner-occupied

buildings;2. Room rentals in housing for

individuals of the same sex; and3. Room rentals in owner-occupied

housing.

Aware of the federal and state laws that apply to fair housing and reasonable accommodations.

Understand Fair Housing laws to ensure their site operates without discrimination.

Understand the housing provider’s policies and procedures to ensure these laws are followed.

Dependent on the circumstance, may or may not be involved in situations related to fair housing and/or reasonable accommodation laws.

May be involved in distributing notices related to Fair Housing and/or Reasonable Accommodation requests and may need to respond to specific resident requests for information, or assist a resident in completing a request.

Know who the 504 Coordinator is, what forms and procedures are required, and contact information.

Provides that no otherwise qualified individual with handicaps in the U.S. shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Section 504 of the Rehabilitation Act of 1973

A change, exception, or adjustment to a rule, policy, practice or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.

To provide persons with disabilities equal opportunity and access to participate in housing programs through modification of policies, procedures or structures.

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A reasonable accommodation must be requested.

Can be made at any time, by the person with disability, family member, or by someone else acting on their behalf.

Does not have to be in writing, can be oral, or by any other effective method.

Should be documented in writing, maintain records, and track outcomes.

1. Does not impose an undue financial and administrative burden.

1. Does not fundamentally alter the nature of the Affordable Housing Provider’s operation.

2. Decisions must be made on a case by case basis.

There must be an identifiable relationship or nexus between the requested accommodation and the individual’s disability.

The requested accommodation must remedy the disabled individual's inability to use and enjoy the dwelling.

A physical impairment that includes but is not limited to a physiological disorder, contagious disease, cosmetic disfigurement or anatomical loss in one or more systems.

The disability could be neurological, musculosketal, respiratory, cardiovascular, digestive, reproductive, genito-urinary, hemic, lymphatic, skin or endocrine.

Mental impairment or psychological disorder.

The disability may include, but is not limited to, mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disorders.

Disability impedes with major life activities such as: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Not an exhaustive list; other life activities may also be considered major.

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May request documentation of the need, only to extent necessary to verify disability, and make a determination of whether the accommodation is needed.

May not request or acquire confidential medical records, or inquire into the nature, or severity of individual’s disability.

Not required to provide medical records as proof of disability.

A letter from the person’s doctor or other qualified professional stating that they have disability that satisfies the eligibility requirement is sufficient documentation.

Any and all other professionals who may provide verification include, but are not limited to the following: Rehabilitation center MH provider social worker Disability agency Any other qualified service provider that

can verify the disability

Resident may request

1. A structural change or modification to their dwelling unit.

The Affordable Housing Provider retains the right to investigate any alternative methods of providing the requested accommodation.

The requested accommodation that is the most appropriate should be accepted.

Resident may request

2. Structural change or modification in the public and common areas of a housing development and community.

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If a number of potential accommodations satisfy the needs and are equally effective, the AH provider retains the right to select the accommodation that is most convenient and cost-effective.

Transfer Bench Tub Cut-Out Roll-in-Shower

Resident may request:

3. A change in the affordable housing provider’s rules, policies or procedures. (e.g., how the affordable housing provider communicates with the residents)

ACOP

The Affordable Housing Provider may select a change in procedure or policy, rather than to make a structural change, when the procedure changes would be equally effective.

(Example: a change to the transfer policy vs. unit modification)

If the requested accommodation constitutes a fundamental alteration in the nature of the operation or program, the request may be denied.

Examples: request to provide case management, transportation, chore services, food preparation, or any other service that alters the fundamental mission, nature or operations of the Affordable Housing Provider.

If the requested accommodation creates an undue financial and/or administrative burden for the affordable housing provider, the request may be denied.

Public Housing Agencies (PHAs)

Cities and towns that receive funds such as CDBG

Section 8 and other PHA program and activities

Private, HUD-assisted Affordable Housing Providers

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Student housing

Military housingNon-profits developing housing activities

with: Section 811, HOME, CDBG, HOPWA, HOPE, Homeless Programs, Emergency Shelter Grants, Supportive Housing Programs, Shelter Plus Care, and SRO Moderate Rehab Programs.

Any organization that receives any funds from HUD

HUD defines assistive animals as “animals that serve persons with disabilities by assisting those individuals in some identifiable way by making it possible for them to make more effective use of their housing.”

Not considered pets.

Most often are dogs and cats but may be other species, including: monkeys, snakes, ferrets, hamsters, birds, potbelly pigs, ducks, etc.

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Must be allowed to accompany the resident at all times, in public and common areas, except where animals are prohibited for safety reasons: community room kitchen when food is present, swimming pool or sauna areas.

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Affordable housing providers cannot restrict the breed, size or weight, unless prohibited by local jurisdiction or municipality. (i.e.: Pit Bull or Rottweiler)

May wear special collars or harnesses, but in some States, may not be required to have special licenses, be certified, or have any visible identification.

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Provide emotional support and companionship

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Provides support and assistance to individuals with psychological disabilities.

Alleviates symptoms associated with depression, anxiety, stress, PTSD, social phobias, panic attacks, and difficulties with social interactions.

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Has a technical meaning under the ADA, and the distinction can matter in housing management.

Under the ADA, a person may be accompanied anywhere by his or her service animal (a dog or a miniature horse) without the grant of a reasonable accommodation.

Serves as a travel aide for a person who is legally blind.

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Alerts a person with hearing loss or deafness when a sound occurs, such as an alarm, ringing telephone, or a knock on the door.

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Helps a person who has a mobility or health disability. Examples: fetch/carry items, open doors, ring doorbells, activate elevator buttons, pull wheelchairs, steady a person while walking, and help someone get up after a fall, etc.

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Warns a person of an impending seizure, or provides aid during a seizure, such as going for help, or standing guard over the person.

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Assists people with cognitive or psychological disabilities.

Bring a phone during a crisis, call 911 or the suicide hotline, turn on the lights in a dark room, bring medications, bark for help in an emergency, assist a person with panic disorder in coping with crowds, etc.

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Growing evidence suggests that contact with animals speeds recovery times, combats depression and lowers blood pressure and cholesterol levels.

Over 50% of all nursing homes, clinics and hospitals use animals in a therapeutic capacity.

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Pet Deposit: $100.00

Companion/service animal deposit: $0

May require that all animals have current license and/or wear ID tag.

May require that all animals have current inoculations; distemper, rabies, etc.

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May require that pets not exceed height/weight.

May not restrict breed type, weight, height or size of companion/service animal, except where prohibit by local jurisdiction. (Waiver)

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May require that all residents are liable for damages caused by their animal including the cost of cleaning of carpets and/or fumigation of units.

May require that all residents retain control of their animal while their animal is in common area(s).

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May require that all animals be kept on a leash, in a carrier, or otherwise in direct control of owner or handler.

May require that all dogs and cats must be spayed or neutered.

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All dogs and cats must be licensed in all unincorporated King County and the following cities: Algona, Auburn, Beaux Arts, Bellevue, Black Diamond, Bothell*, Burien, Carnation, Clyde Hill, Covington, Duvall, Enumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Mercer Island, North Bend, Pacific, Redmond, Sammamish, SeaTac, Shoreline, Snoqualmie, Tukwila, Woodinville and Yarrow Point. (Mercer Island only requires dog licenses.)

* NOTE: King County pet licenses are required in the entire City of Bothell, including the portion of the city that is in Snohomish County.

The following cities issue their own pet licenses. Please contact them directly for pet license information if you live in their city limits: Seattle, Renton, Des Moines (206-870-6549), Medina (425-454-9222), Newcastle (425-649-4444) or Normandy Park (206-248-7603).

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Fear of, or minor allergies to animals is not considered a disability.

The affordable housing provider is not obligated to accommodate residents with minor allergies under the RA process.

Residents who suffer severe allergic reactions that cause respiratory distress may request a reasonable accommodation to be moved to another unit within their building or transferred to another building.

(Refer to: your Agency’s RA and Transfer Policy)

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Residents are responsible for the safe removal of their animal’s waste products.

Residents should carry equipment to clean up after their animal’s feces.

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When a resident is not able to pick up after their animal, assistance with cleanup should be arranged with family, friends or animal advocates. (PAWS)

The affordable housing provider may designate certain areas off limits to pets or service and companion animals, but cannot infringe upon the right of a person with disabilities to full enjoyment of the amenities of the community.

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All animals must be on a leash, in a carrier, or otherwise in direct control of owner or handler at all times.

When around people or other animals, all animals must be well behaved, no jumping, snarling, growling, nipping, excessive barking, etc.

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May ask the resident to remove any animal that is unruly or disruptive i.e.: aggressively jumping, growling, snarling, nipping, and barking from common areas or building.

If animal’s behavior creates a lease violation, resident may be given verbal and/or written warnings, notices, etc.

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If unruly, disruptive, aggressive behavior occurs repeatedly, the affordable housing provider may request that the resident not bring the animal into common areas until steps have been taken to mitigate the behavior, or ask that the animal be removed from the premises. (10, 30-day notices)

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www.hud.gov

www.hudclips.gov

Chapter 2 of the HUD Handbook 4350.3 REV-1, CHG-4 is a good reference resource

U.S. Dept. of Housing & Urban Development

Fair Housing, 909 First Avenue, Suite 205 Seattle, WA 98104

King County Office of Civil Rights

206-296-7592, TTY 206-296-7596 Civil-Rights.OCR@kingcounty.gov

Washington State Human Rights Commission711 S. Capitol Way, Suite 402, Olympia, WA 98504

Tenants Union of Washington State

Tenant Rights Hotline: 206-723-0500 - www.tenantsunion.org

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15305 44th Ave. WLynnwood, WA, 98087425.787.2500www.paws.org

Pet Partners875 124th Ave NESuite 101Bellevue, WA 98005Phone: (425) 679-5500Office HoursMonday - Friday8:30am - 4:30pm PST

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