FAIR HOUSING AND LANDLORD/ TENANT BASICS 1 Fair Housing Resource Center, Inc. 1100 Mentor Avenue Painesville, Ohio, 44077 P: (440) 392-0147 F: (440) 392-0148 www.fhrc.org
THE FAIR HOUSING ACT Title VIII of the Civil Rights Act of 1968, commonly known as the Fair Housing Act, prohibited discrimination based on race, color, religion, sex and national origin. In 1988, Congress passed the Fair Housing Amendments Act and expanded the coverage of Title VIII to include familial status and disability as additional protected classes. Ohio codified the Federal Fair Housing Act in 4112.02 of Revised Code. In order to understand how the Fair Housing Act works, you must know the following: The protected classes The types of housing covered The prohibited act Fair Housing Resource Center Inc. 2
THE FAIR HOUSING ACT Types of housing covered: The Fair Housing Act applies to rental housing, home sales, lending, the insurance industry and more. Under specific exemptions, the Act does not apply to owner- occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members. 3
PROTECTED CLASSES RACE OR COLOR RELIGION Specifically designed to prohibit race discrimination in home sales, rental housing, insurance and lending industries. Housing providers and lenders disguise their discrimination by giving false information about the availability of housing. In addition, by giving false reasons as to why they are unwilling to lend, sell, or lease to an individual. Religious discrimination covers instances of overt or subtle discrimination against members of a particular religion, as well as less direct actions such as zoning ordinances which are designed to limit the use of private homes as places of worship. 4
PROTECTED CLASSES SEX ( Male or Female) National Origin Sexual discrimination is exhibited in the sale or rental of housing based on your gender. Sellers, landlords, real estate professionals, etc., may not decide where you live based on your gender. Women, who are poor with limited housing options are usually victims. This also covers sexual harassment in exchange for housing or real estate related services. National Origin discrimination covers instances when individuals are discriminated against because of their birthplace, ancestry, culture, surname, or linguistic characteristics associated with a specific ethnic group (i.e., Hispanic, Chinese, Middle Eastern origins). On September 15, 2016 HUD released a new rule for individuals with LEP. The rule prevents individuals from discriminating intentionally/ unintentionally because of race, national origin or another protected characteristic. 5
FAMILIAL STATUS Familial Status Military Status (Ohio) Familial Status discrimination is exhibited when a family with children is outright denied housing or when a housing provider imposes special requirements or conditions on a family with children. For example, families with children are clustered in a single location of a complex. Military status discrimination is exhibited when a family is denied outright based off of their military status or when a housing provider imposes special requirements or conditions on a individuals or family based off their military status. An example: refusing to rent to a family because of fear of deployment during the middle of a lease agreement. 6
Disability Discriminate in the terms, conditions, or privileges of the sale/rental of housing accommodations to any person or in the provision of services/ facilities to any person in connection with the housing accommodations because of a disability of any of the following: Make an inquiry as to the nature or severity of an individuals disability. Refuse to grant a reasonable accommodation/ modification. Otherwise deny or make housing unavailable. 7
FAIR HOUSING ACT Prohibited Acts: Section 4112.02 of the Ohio Revised Code and the Federal Fair Housing Act prohibits discrimination in the following practices: Refusal to sell, rent or negotiate Differentiating in terms of conditions Advertising Make an Inquiry Denial of availability Steering Blockbusting Retaliation 8
Fair Housing and Disability 14
FAIR HOUSING ACT AND DISABILITY Definition of Disability: Federal laws define a person with a disability as "Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment." Rights for Disabled Individuals: It is unlawful for a housing provider to refuse to rent or sell to an individual due to a disability. A housing provider may not impose different application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions than those required of or provided to persons who are not disabled. Even if a landlord does not refuse to rent to you, the housing provider may still violate the Fair Housing Act by asking illegal questions about your disability. 10
FAIR HOUSING ACT AND DISABILITY WHAT CAN YOU ASK? The following inquires may be made of all applicants for the sale/rental of housing accommodations, regardless of whether they have disabilities: An inquiry into an applicants ability to meet the requirements of tenancy (i.e. yard maintenance) An inquiry to determine whether an applicant is qualified for housing accommodations (i.e. income) An inquiry to determine whether an applicant currently uses a controlled substance An inquiry to determine whether an applicant at any time has been convicted of or pleaded guilty to any offense (i.e. misdemeanor, felony) 11
FAIR HOUSING ACT AND DISABILITY What are Reasonable Modifications? A structural modification that is made to allow persons with disabilities the full enjoyment of the housing and related facilities. Examples of the above would be the installation of a ramp into a building or grab bars in a bathroom. The above modifications are usually made at the tenant s expense. 12
FAIR HOUSING ACT AND DISABILITY What are Reasonable Accommodations? A change in rules, policies, practices or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling, unit or common place. A housing provider may not refuse to rent to an otherwise qualified individual with a mental disability because he or she is uncomfortable with the individual s disability. The above would be a direct violation of the Fair Housing Act because it denies a person housing solely on the basis of their disability. 13
FAIR HOUSING ACT AND DISABILITY Making a Reasonable Accommodation / Modification Request. A tenant is responsible for making requests to the housing provider. A tenant may need to supply supporting documentation as proof of a covered disability. The request must be related to the tenant s disability and can be made at anytime. 14
FAIR HOUSING ACT AND DISABILITY Denying a Reasonable Accommodation / Modification Request. There are only two reasons a housing provider may deny a request for a reasonable accommodation: The request creates an undue burden on the housing provider. The request is for a fundamental alteration of the structure. 15
16 ASSISTANCE ANIMALS AND HOUSING
FAIR HOUSING ACT AND DISABILITY Assistance Animals And Housing: Questions surrounding assistance animals often arise from scenarios involving housing with no-pet policies. Confusion about rights and obligations still exist even when state and federal laws have been implemented. Assistance animals are not "pets," but rather assistive aids such as wheelchairs, hearing aids, or prescribed medication. Both federal and state laws will generally require a landlord to make an exception to its "no pet" policy so that a disabled tenant with an assistance animal can enjoy the full use of his or her dwelling. 17
FAIR HOUSING ACT AND DISABILITY 18
FAIR HOUSING ACT AND DISABILITY Types Of Assistance Animals Any animal that is recommended to a disabled individual in order to help with his or her disability is an assistance animal. These animals are often referred to as service animals, work animals, therapy pets or companion pets. Although the lingo may be confusing, it is best to know at least the following categories of assistance animals: Animals for the physically-impaired; guide dogs, seizure-alert animals, balance support animals Animals for the mentally-impaired or elderly; therapy animals or companion animals What Types Of Assistance Animals Qualify? The Fair Housing Act does not specify any particular type of animal in order to qualify as an assistance animal. Assistance animals could be dogs, cats, birds, fish, rabbits, etc. The Act is also silent with respect to breed, weight, and size. Assistance animals are not only exempt from no pet policies, but also from pet restrictions. Examples: No Pets Allowed Cats Only Small Animals Under 35 lbs. A disabled individual shall not be charged a pet deposit or other monthly charge for merely keeping and housing an assistance animal. 19
FAIR HOUSING ACT AND DISABILITY What Assistance Animals Do. Assistance animals are recommended to serve a full spectrum of disability-related needs such as visual, audio, and mobility impairments. However, it is becoming increasingly common for individuals with mental illness or developmental impairments to use assistance animals as a form of alternative therapy. A seeing-eye dog is an assistance animal that most people recognize. However, there are many more diverse uses for an assistance animal. For example, a therapeutic assistance animal may be recommended for an individual who suffers from anxiety or depression. Therapeutic assistance animals serve to aid the symptoms of a disability in a similar manner as conventional medicine or counseling. 20
FAIR HOUSING ACT AND DISABILITY Validating The Assistance Animal An individual s decision to utilize an assistance animal instead of receiving a different form of therapy or medication is the private decision between the individual and his or her healthcare provider. However, the individual and the animal must satisfy all three (3) of the following key requirements in order to be protected under the Fair Housing Act: The individual must have a disability as defined by the Act; The animal must serve a need that is directly related to the disability; and The request to have the animal must be reasonable. 21
FAIR HOUSING ACT AND DISABILITY Documentation Needed To Support The Assistance Animal: Not all disabled individuals are required to provide documentation to support their disability. The only time that documentation can be requested is when the disability is not obvious or apparent. In most cases, a housing provider or other related housing market professionals will ask the disabled individual for documentation to support the disability, as it is defined by the Act, and the need for the assistance animal. Individuals with assistance animals should be prepared to gather the supportive documentation from their physician, therapist, counselor or other healthcare professionals. A disabled individual does not need to reveal the nature or severity of the disability, and it is unlawful for a housing provider to ask for such information. 22
23 BASIC LANDLORD/TENANT RIGHTS
FAIR HOUSING AND TENANT SCREENING A landlord has the freedom to chose their tenants, as long as they provide equal housing opportunities for all. Screening your applicants can be complicated, yet you can successfully choose your applicant without violating the rights of others. Below are non-discriminatory inquires that you can ask on your application in direct correlation with your business interests: Name and SSN of the adult responsible for the rent; Amount / Sources of income; Rental history; Number of persons in the household; Employer / Supervisor information; Location of bank accounts; Name of emergency contact. One inquiry that is inappropriate for your lease: Name and age of all occupants 24
BASIC LANDLORD/TENANT RIGHTS REPAIR REQUESTS A landlord may be held accountable for duties under either the Ohio Landlord Tenant Law, the local housing codes, the rental agreement, or if there are any conditions which materially affect health and safety. If a landlord does not meet his/her duties, then the tenant may give the landlord a written notice of the conditions which need to be corrected. This notice must be delivered to the person or at the place where the tenant normally pays rent. The tenant should keep a copy. If the landlord fails to remedy conditions within a reasonable time, not to exceed 30 days, then the tenant may: 1. Deposit the rent with the Clerk of Court if the need for repair affects health and safety; 2. Request the court to order the repairs made or Terminate the rental agreement. 25
BASIC LANDLORD/TENANT RIGHTS Right of Access A landlord must provide 24-hour advance notice prior to entering a tenant s unit unless the entry is for emergency purposes. Landlords may not enter in an unreasonable manner or make repeated requests for entry which have the effect of harassment. Tenants may seek injunctive relief from the courts when landlords abuse the right of access. However, once a landlord gives 24 hour notice, tenants cannot unreasonably withhold access to the unit. Rent Increases and Late Charges There is no rent control in Ohio, except in subsidized housing programs. In the case of a month-to-month agreement, landlords must give a full thirty (30)days notice before raising the rent. In the case of lease, landlords may not raise the rent during the term of the lease agreement. A landlord may not assess a tenant a fee for late payment of rent without a written agreement between the parties that permits the fee. Tenant Violation A landlord may give a tenant notice that he/she is not complying with the requirement imposed on the tenant by the Landlord Tenant Law, and request the tenant to correct the condition within thirty (30) days. Generally, a landlord may only terminate a tenancy for a violation of tenant s duties that materially affect health and safety. Landlord Violation A tenant may give a landlord notice to comply with a duty imposed on him/her by the Landlord Tenant Law, the rental agreement, or the local building, housing, health or safety codes, and request that he/she correct the condition(s) within 30 days. (See Getting Repairs & Escrowing Rent) Lease Breaking If a tenant moves before the end of a lease, he/she may be held liable for rent due under the agreement until the unit is re-rented. 26
BASIC LANDLORD/TENANT RIGHTS Eviction A Landlord may bring an eviction action against a tenant for many reasons but the most common reason for an eviction is failure to pay rent. To bring an eviction action, the landlord must first serve the tenant with a written three (3) day Notice to Vacate. This notice can be served via: U.S. mail, personal service, and/or leaving it at the tenant s residence. If the tenant does not move out after three days, the landlord may file an eviction action with the local Clerk of Court. The Clerk will schedule a hearing, and the tenant will receive a summons and complaint from the Court at least five days before the hearing. The time between filing and the hearing is usually between 2-3 weeks. 27
BASIC LANDLORD/TENANT RIGHTS Eviction Continued At the hearing, the landlord and tenant will present their evidence in support and in defense of the eviction action and the Court will make a decision. The eviction process is generally a two hearing process. During the first hearing, the Court decides whether a tenant may stay in possession of the unit, or has to leave the unit. If a tenant is forced to leave, the Landlord is issued a Writ of Restitution which is a court order allowing the Landlord to receive possession of the property at a specified date in the future. If there is an issue regarding money damages and a request was made in the initial complaint, the court will schedule a second hearing to determine what monies are owed to the landlord and the tenant. This does vary depending on the municipality the hearing is filled with. 28
BASIC LANDLORD/TENANT RIGHTS EVICTION SELF HELP / ABANDONMENT Eviction Self Help Ohio Revised Code Section 5321.15 prohibits what are known in Ohio as self help evictions. A self help eviction is when the landlord locks the tenant out and/or disposes of the tenant s property without going through the statutory eviction process listed in Ohio Revised Code Section 1923.04. Landlords who engage in self help evictions can be found liable for actual damages (the value of the items lost) and attorneys fees. Abandonment Landlords have inserted clauses in lease agreements which state that the tenant will be presumed to have abandoned the apartment if certain listed conditions occur. These clauses are not enforceable. The reason with abandonment clauses is that Ohio Revised Code Section 5321.06 prohibits the enforcement of any clause in a rental agreement which conflicts with Ohio Revised Code Section 5321.15. Further, Ohio Revised Code Section 5321.14 prohibits the enforcement of any clauses in rental agreements which a court deems unconscionable. Unconscionable clauses are thoseclauseswhichare so one sided, unfair, or overreaching that a court will not enforce them. Many abandonment clauses fit into this definition. Ohio Courts have defined abandonment as the absolute unequivocal relinquishment of a right or status without regard to self or any other person. It is a virtual throwing away without regard as to who may take over or carry on. It is a total discarding of what existed or went before; and evidence thereof must be direct, affirmative or reasonably beget the exclusive inference of throwing away. Hamilton v. Harville (1989), 63 Ohio App.3d 27. Thus to simply rely upon a clause in a lease that an apartment will be considered abandoned after the tenant has not been seen for two weeks is unwise. If a tenant is current on his rent, if the tenant s personal items are still at the rented premises, if items of value or sentimental value remain behind, this is strong evidence that the tenant was simply away and may be returning. 29
BASIC LANDLORD/TENANT RIGHTS Security Deposit The Ohio Landlord Tenant Law permits a landlord to collect a security deposit to cover the costs of any unpaid rent or damages to the property that are beyond normal wear and tear. A security deposit is any amount of money or property which a tenant gives to a landlord to secure performance by the tenant under the rental agreement. This could include last month s rent paid in advance or a pet or key deposit. If the total security deposit is more than one month s rent, and the tenant stays more than six (6) months, the landlord must pay interest on the amount that is greater than one month s rent at a rate of 5% per year. The landlord is required to return the security deposit to the tenant within thirty (30) days after termination of the rental agreement and delivery of possession (returns keys). The landlord must provide a written, itemized list of any costs for repairs or unpaid rent that are deducted from the security deposit, Also, a tenant is required to provide the landlord with a forwarding address to which the security deposit and/or written itemization may be sent. If a landlord retains the tenant s security deposit after thirty (30) days and the tenant has provided the landlord with a forwarding address, the tenant may bring an action against the landlord for: 1) the portion of the security deposit that has been wrongfully withheld, 2) statutory damages equal to the amount wrongfully withheld, and 3) reasonable attorney s fees. 30
BASIC LANDLORD/TENANT RIGHTS Retaliation The Ohio Landlord Tenant Law forbids a landlord from retaliating against a tenant by increasing the rent, decreasing the services, or evicting, or threatening to evict, a tenant who has: complained to a governmental agency regarding code violations that materially affect health and safety; complained to the landlord about fulfilling his/her duties; or joined a tenant organization. A landlord who engages in retaliation may be held liable for any actual damages to the tenant and for reasonable attorney's fees. Tenant on Tenant Issues Tenants have a right to what is called peaceful enjoyment in their premises. The code 5321.05(A)(8) of the Ohio Revised Code requires a tenant to conduct themselves and their guests in a manner that does not disturb his neighbors peaceful enjoyment of the premises. If a landlord is made aware of disputes between tenants they can be held liable. In circumstances where tenant on tenant disputes occur a landlord should: 1. Sit down with each tenant to determine thecorrectiveactionneededtoresolve the issues. 2. Determine the overall issue and attempt a resolution. Give tenant a 30 day warning notice to correct action. 3. If issues still persist, after 30 days then file eviction against responsible tenant. It is important to make sure that you do everything in your power to rectify any tenant on tenant harassment once it is brought to your attention. 31
DON T BECOME A VICTIM As a housing provider or working with the public, it is your duty to educate yourself on the changing market and the industry requirements. Discrimination can be avoided! If in doubt- Call your local Fair Housing organization! 32