Fair Housing for Service Coordinators Ron Budynas Chief Operating Officer, Wesley Living NAHPe, CPO, CDP, SCHM, CGPM, FHC 1
Who Does Fair Housing Protect? The protected Classes 2
There are 7 protected classes for fair housing Fair Housing Act of 1968 - (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 Color Religion National Origin 3
Number 5 Sex Fair Housing Amendment act of 1974 established Sex and a protected class. 4
Number 6 Disability - The Fair Housing Amendment Act of 1988 was established to enforce harsher penalties for those who sale or rent property and discriminate against people who have disabilities. It was signed into law in September 1988. 5
Number 7 Familial Status - Fair Housing Amendment Act of 1988, the housing must include at least one person who is age 55 or older in at least 80 percent of the occupied units to market as elderly. 6
Not a protected class as such LGBT Federal Register/Vol. 77, No. 23, Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity February 3, 2012 7
Race Refers to a family, tribe, or group of people coming from the same common ancestors. African American American Indian Indian Caucasian Cherokee Japanese 8
Color The actual color of a person s skin 9
Religion/Creed Refers to all aspects of religious belief, observance, and practice Catholic Protestant Muslim Hindu Atheist Buddhist 10
National Origin Refers to the country in which a person was born, or from which the person s ancestors came. German Puerto Rican Spanish Egyptian Asian 11
Sex Includes gender (male or female), gender identity (special protection), and gender expression (special protection). Also includes, but is not limited to, pregnancy, childbirth, or conditions related to pregnancy or childbirth. 12
Disability Refers to both physical and mental disabilities. Complicated 13
Familial Status Refers to a situation where there is one or more persons under age 18 who reside with a parent, legal guardian, etc. This also applies in the case of pregnancy or for people who are in the process of gaining legal custody of a person under age 18. 14
State added protected classes Each state may add protected classes by state statute: Veterans Income source Age Marital Status 15
Discrimination the unjust or prejudicial treatment of different categories of people or things Or in our case the 7 protected categories In short, the personal characteristics defined by these classes cannot be the basis of discrimination by landlords, home-sellers, or lenders. 16
Protection Department of Housing and Urban Development/Department of Justice HUD Fair Housing Web Site The Fair Housing Organizations Initiative (FHOI) provides funding that builds the capacity and effectiveness of nonprofit fair housing organizations by providing funds to handle fair housing enforcement and education initiatives more effectively. FHOI also strengthens the fair housing movement nationally by encouraging the creation and growth of organizations that focus on the rights and needs of underserved groups, particularly persons with disabilities. Legal Aid 17
Protection Continued The Private Enforcement Initiative (PEI) offers a range of assistance to the nationwide network of fair housing groups. This initiative funds nonprofit fair housing organizations to carry out testing and enforcement activities to prevent or eliminate discriminatory housing practices. 18
Protection Continued The Administrative Enforcement Initiative (AEI) helps State and local governments who administer laws that include rights and remedies similar to those in the Fair Housing Act implement specialized projects that broaden an agency's range of enforcement and compliance activities. No funds are available currently for this program 19
Protection Continued The Education and Outreach Initiative (EOI) offers a comprehensive range of support for fair housing activities, providing funding to State and local government agencies and non-profit organizations for initiatives that explain to the general public and housing providers what equal opportunity in housing means and what housing providers need to do to comply with the Fair Housing Act. 20
Agencies and complaint processes Person makes contact with supporting organization HUD Usually refers to a state contracted agency but may handle the complaint 21
Agencies and Complaint Process Continued State Agency Receives complaints from HUD, individuals, and advocates Begins the formal investigation May refer or bring charges against offenders to be settled in arbitration or federal court 22
Agencies and Complaint Process Continued Legal Services Legal services will make contact with owner/agent with formal complaint and request Owner/agent should respond or negotiate for a resolution If complainant is not satisfied, Legal Services will file a formal complaint to a regulatory agency listed above. Will represent complainant through legal process for no fee 23
Penalties Assessed against the organization Assessed against the person Surviving a complaint/investigation 24
Disparate Impact A practice that impacts a protected class and indirectly or directly causes discrimination. The justice system Originated in a suite filed in Texas regarding the availability of Low Income Housing Tax Credits 25
Reasonable Accommodation A change to a normal process or policy to allow an individual with disabilities the opportunity to enjoy all the benefits of tenancy. House Rules Application processes Eviction Processes Collection Processes Parking Spaces Pet Rules 26
Reasonable Modification The physical change to an apartment of premises to allow an individual with disabilities the opportunity to enjoy the benefits of tenancy. Roll in showers Ramps at entry doors Handicap height commodes Handicap height cabinets Lighting 27
Reasonable Accommodation/Modification Cannot create a service that the owner does not provide Cannot create a financial burden Cannot modify the structure of a building Cannot create an unsafe condition Must have a Nexus to the disability 28
Fair Housing is nothing more than Good Business Practices Isn t it or shouldn t it be our goal to give our customers what they want? 29
Marketing No symbols No Pictures Decorations must be generic and not associated with any group or religion Any marketing must be all inclusive of any group 30
Summary Fair Housing protects 7 classes of people Fair Housing protects those classes of people against discrimination Fair Housing is statutory in nature 31
Questions? 32