Am I Welcome to Live Here? Analyzing the Impact of Discriminatory Advertising

Transcription

1 Am I Welcome to Live Here? Analyzing the Impact of Discriminatory Advertising Equal Housing is STILL the Issue April 18, 2013 Indianapolis, IN

2 Presenter Info Amy Nelson, Executive Director Fair Housing Center of Central Indiana 615 N. Alabama Street, Suite 426 Indianapolis, IN Phone: x Web: Find us on Facebook! Join our e-news list (register at

3 The information today is not legal advice. For legal advice, please consult an attorney.

4 Fair Housing Center of Central Indiana (FHCCI) The mission of the Fair Housing Center of Central Indiana (FHCCI) is to ensure equal housing opportunities by eliminating housing discrimination through advocacy, enforcement, education and outreach.

5 Federal Fair Housing Act Federal Fair Housing Act passed in 1968 as part of Civil Rights Act (Title VIII) Made it illegal to discriminate in the rental, sale or financing of housing due to race, color, national origin and religion In 1974, Act amended to protect due to gender In 1988, Act amended to protect families with children and people with disabilities

6 Federal Protections Defined Race includes all races - African-American, American Indian, Caucasian, etc. Color refers to the color of one s skin National Origin means the country where one was born Religion includes one s membership in an organized religious group Gender (Sex) includes male and female and gender identity (Obama Administration issued guidance includes gender identity)

7 Federal Protections Defined Disability (Handicap) includes physical, cognitive, intellectual and mental impairments if impairment substantially limits a major life function Familial Status is the presence of one or more children under the age of 18 in the household - it includes being a parent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child, as well as any person who is pregnant or who is in the process of acquiring legal custody of a child under 18

8 Federal Protections Defined Sexual Orientation (Obama Administration guidance provides protection from discrimination in federally subsidized housing; some Indiana localities also provide protection for all types of housing Indianapolis, Lafayette, South Bend, Bloomington, etc.)

9 Indiana Fair Housing Act Protects all the federal protections and also provides protection due to ancestry

10 Fair Housing Law Exemptions There are some exemptions under fair housing laws typically for smaller housing providers which allow discrimination in certain situations: Mrs. Murphy Exemption Owner Occupied Exemption Housing for Religious or Private Groups Housing for Older Persons Shared Living Exemptions Advertising is typically NOT one of the exempted fair housing regulations

11 Advertising To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on (protected class), or an intention to make any such preference, limitation, or discrimination

12 What is Covered? Print Advertisements Newspapers Yard or posted signs Flyers Housing Provider Initiated/Real Estate Website Online Advertising And others basically, anything in print about housing Verbal Advertisements Comments Statements

13 Law does not recognize intent due to impact of advertising Reasonable Reader Standard used to determine if discriminatory HUD Memo on Housing Developments with Names that Suggest Preferences HOPE Fair Housing v. Illinois Chinese American Residence for the Elderly Codes and symbols also unlawful Occupancy standard restrictions apply

14 Don t state or imply any preferences against members of a protected class: No Whites Adults Only, Families would not be happy Only Christians need apply No Indians Females preferred, no minorities No Wheelchairs LADIES PLEASE RENT FROM ME

15 Describe the property, not who might be living there. Don t: Mostly elderly building Jewish neighborhood Beautiful African American home Quiet building so families may not enjoy Hispanic businesses nearby African Americans and Arabians tend to clash with me so that won t work out Lots of Muslims in building so preferred Perfect for young couples or students

16 Use of human models: Any models should reflect the population of the metropolitan community different ethnicities, races, genders, with and without disabilities, across age groups When using models of different races, depict them as enjoying equal social status Don t engage in selective advertising Keep records, receipts that reflect broad, nondiscriminatory ad campaign Describe the property, not the people!

17 May state whether accessible to those with disabilities, not available to those who smoke or persons with pets or anything not protected under fair housing laws Don t: No Guide Dogs No Scooters or Wheelchairs No kids OK: Walk to Bus Stop/Wheelchair Ramp No smoking No pets but service animals welcome Handicap accessible

18 Real Estate Terms OK: Jogging trails Family Room and Master Bedroom Walk In Closet Bachelor Pad Walking Distance to Grocery Updated see HUD Achtenberg memo for guidance on bachelor pad and mother in law suite: Achtenberg-Sect-804-Advertising-Memo pdf

19 Advertising Exemptions Housing for Older Persons Housing or lodging at private clubs not open to the public Housing provided by religious organizations which limits occupancy to same religious group Shared Living Exemption same gender only allowed in ads Housing that is restricted to persons with disabilities

20 Advertising Exemptions-HOPA Applicable to familial status discrimination ONLY, housing qualifies when: It is specifically designed for and occupied by elderly persons under a Federal, State or local government program, or It is occupied solely by persons who are 62 or older, or It houses at least one person who is 55 or older in at least 80 percent of the occupied units.

21 Advertising Exemptions-Religious Groups and Private Clubs Religious groups are allowed to limit the sale, rental, and occupancy of dwellings (not for commerce) to members of their religion, as long as membership in the religion is not restricted by race, color or national origin. Private clubs are allowed to restrict housing to their members as long as they do not intend to sell or rent the property for commercial purposes and the sale or rental of housing is incidental to the primary purpose of the club.

22 Advertising Exemptions-Shared Living Situations involving shared areas of bedrooms, bathrooms, etc. Can reference gender ONLY in advertisements same gender, i.e., male seeking male, female seeking female Gender reference allowed for privacy and modesty purposes in housing in which there is shared living Cannot reference other protected groups in advertisements even if exempt under Owner Occupied Exemption

23 Advertising Case Study What (if anything) is wrong with these ads???? (And these are real ads!)

24 Sign posted at busy intersection in Richmond, VA July 2011 Does it matter if graffiti versus a housing provider s intent?

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26 1. Cozy, central 2 bdrm duplex, great for singles, couples, retired. W/D, lots of storage, references, $995. Avail April. 2. Apt for rent. Nice deck, 2 bdrm. $575 for 1 person; $800 for 2 people bdrm, garage, retirement condo, heated atrium for family events, $ bdrm duplex in quiet neighborhood. Perfect for couple with one child. $825/mo. + utilities. Avail Jan Bedroom, garage, ca, dw, refrig. & range. Sept. 1, $930/mo. No smokers, pets, minors or deadbeats.

27 6. 2 bed deluxe elev. bldg. Fireplace, gar. parking, storage space. No pets, no Republicans. Avail. Immed. 7. For Sale/Rent: 10 acre lot in original part of GAV. 32K. Build close to the Ranch. The Community your home. Hallowed spheres your adventure bed/2 bath house for rent. $975/mo, sec dep, references. Perfect for family. Close to school and park. No smokers, no pets, no Sec. 8, and no lawyers.

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31 Cases National Fair Housing Alliance v. Poulikidas (IN) Ad placed for condo for rent on Craigslist included language that professionals, professional students, [and] couples were desired. The ad was up for five to six weeks and two single mothers called and told they couldn t rent the condo. The ALJ determined that the ad was in violation of fair housing laws by indicating a preference against families with children. Respondent required to pay attorney fees and expenses of the complainant.

32 White tenant at complex had his young daughter, who was African American, visiting him. After his daughter tried to swim in apartment complex pool, landlord posted this sign Gunn v. Hein, Cincinnati, OH case June 2011 OCRC Charge - Pending

33 Covenant Cases NAACP et al. v. New Bedford Standard-Times (MA) In May, 2010, an ad announcing land for sale appeared in the New Bedford Standard-Times and was placed by a law office noting the legal description as: "...shall not be sold, leased or rented to any person other than of the Caucasian race or to any entity of which any person other than of said race shall be a member, stockholder, officer or director." The law firm who placed the ad later apologized for the language which they claimed they had quoted from the property s deed and did not condone. Lawsuit filed against newspaper alleging violation of fair housing advertising regulations status unknown.

34 Pitts v. Mathews (VA) In 2002, an African American female was informed by a home owner that the home she was interested in and listed by the owner could only be sold to whites due to a restrictive covenant. The owner noted, "This house is going to be sold to whites only," and "It's not for colored." He also said it was his intention to keep the area right here all white. Language noted: No part of the property hereby conveyed shall be occupied, sold, leased, or otherwise disposed of to any person not of the Caucasian race, nor to any corporation or association composed of or controlled by persons not of the Caucasian race. This restriction shall not prevent domestic servants from living on sold land, while in the employ of the owner. Fair housing complaint filed alleging advertising and other violations. Cause ruling issued by state and default judgment awarded for complainant.

35 Online Advertising Study 2009 report by the National Fair Housing Alliance In one year, NFHA and its members identified over 7,500 online housing advertisements which appeared to be in violation of fair housing laws. Advertising has moved from traditional newspaper advertising to online sites that traditionally don t have filters to restrict problematic language or staff training requirements on fair housing laws.

36 Resources HUD Achtenberg Memo HUD Part 109 Rescinded from law but still used for guidance HUD Memo on Name Preferences FHCCI Roommate/Housemate Fact Sheet FOR RENT: NO KIDS! How Internet Housing Advertisements Perpetuate Discrimination, National Fair Housing Alliance, August 11, All available at go to Education tab and Advertising Section

37 Reminders & How You Can Help Fight Housing Discrimination! Refer people who may be victims of housing discrimination to our office Volunteer for our testing program Contact us with questions or training opportunities! Visit our website for more information Sign up for our e-newsletter and facebook page Thank you for attending!