Fair Housing News Serving the City of Philadelphia, Bucks, Chester, Delaware, Lehigh, Fall 2013 Montgomery and Northampton Counties The Fair Housing Council of Suburban Philadelphia newsletter was made possible by funding from: U.S. Department of Housing and Urban Development Delaware County Office of Housing and Community Development Montgomery County Department of Housing and Community Development The Philadelphia Foundation Bucks County Department of Community and Business Development The Patricia Kind Family Foundation Citizens Bank Foundation In This Issue Call for More Accessible Affordable Housing HUD and DOJ Issue Fair Housing Guidance on Disability Issues Update to PAR Fair Housing Guidelines Fair Housing Case Review: HUD Charges & Settlements FHCSP Awarded HUD Enforcement & Education Grants Fair Housing Back in the Day: 1965-1966 Call for More Accessible Affordable Housing Written by Alexis Gurinko Alexis Gurinko is an advocate for people with disabilities through the Lehigh Valley Partnership for a Disability Friendly Community and the former board president of the Lehigh Valley Center for Independent Living. I strongly urge my fellow citizens, Congress and housing developers to provide much more accessible and affordable housing for people with disabilities, not just in the Lehigh Valley but all over the USA. Such housing is very limited in this country. Consequently, there are so many people with disabilities who need and are waiting for such apartments. They are mentally alert and can live on their own with assistance of daily aides. This population includes persons with birth defects, disabling diseases and those who have been victims of car accidents, industrial accidents, hunting accidents, domestic violence, and injuries received fighting wars. I am physically disabled, having had cerebral palsy (a neuromuscular condition) since birth, which confines me to get around in a motorized wheelchair and inflicts me with a speech difficulty but does not affect my intelligence at all. Yet, despite my severe physical disability, I made many accomplishments in my life. One of my major accomplishments is being the founder of Lexie's Dream Apartments in Bethlehem, where I have lived for 11 years with 15 other residents with disabilities who have separate apartments of their own. Unfortunately, 24 years ago, when I left my parents' home, this wasn't the case. Back then, I was forced to live in a nursing home for almost 13 years because of the level of physical assistance that I needed in my daily life and because there were no other options for me to live independently in the community. In the nursing home, my daily needs were regimented to specific times of the day for getting up in the morning, eating meals, going to bed at night, and even going to the bathroom. To make things worse, everything was "hurry up and wait" for this assistance because of the nursing home's limited staff. When I needed help other than for these essentials of life or at times outside the routine, I was very lucky to receive the extra help. Life there was merely an obvious existence, where residents were treated like clones, not for their individual contributions and needs. (Continued on page 5)
Page 2 Fall 2013 FHCSP Board of Directors Lisa Gaffney President Deborah Cooper Vice President Jennifer Perry Treasurer Frankie Baughn Secretary Nelson Acevedo Michael Bannon Stephanie Cehelsky Kristi Dennis Elizabeth Moreira, Esq. FHCSP Staff James Berry Executive Director Rachel Wentworth Assistant Director Lynne Ellison Office Manager/ Bookkeeper Megan Bolin Outreach & Communications Coordinator Emma Ward-Williams Test Coordinator Contact FHCSP Fair Housing Council of Suburban Philadelphia 455 Maryland Dr., Suite 190 Fort Washington, PA 19034 Phone: 267-419-8918 Toll Free: 866-540-FAIR (3247) Fax: 267-419-8932 information@fhcsp.com www.fhcsp.com New Fair Housing Guidance on Disability Related Issues HUD/DOJ Joint Statement on FHA Design & Construction Requirements The U.S. Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) released guidance in April 2013 reinforcing the Fair Housing Act requirement that multifamily housing be designed and constructed so that it is accessible to persons with disabilities. The new guidance is designed to assist design professionals, developers and builders in understanding and meeting their obligations and to assist persons with disabilities in understanding their rights under the Fair Housing Act. The guidance, in question-answer format, responds to 63 questions relating to different design and construction requirements for new multi-family housing including: Can a non-elevator building have more than one ground floor? Do the Fair Housing Act s design and construction requirements apply to the alteration or renovation of nonresidential buildings into residential buildings? Must there be accessible pedestrian routes from site arrival points to building entrances serving covered dwelling units? Can a builder meet the Fair Housing Act s design and construction requirements by building a specific number or percentage of fully accessible dwelling units? HUD Notice on Assistance Animals for Persons with Disabilities HUD issued notice in April 2013 reaffirming that housing providers must provide reasonable accommodations to persons with disabilities who require assistance animals. HUD s Notice on Service Animals and Assistance Animals for People with Disabilities in Housing and HUD Funded Programs discusses how the Fair Housing Act and the American with Disability Act (ADA) intersect regarding the use of service or assistance animals by persons with disabilities. HUD s new notice explains housing providers obligation under the Fair Housing Act, including the requirement to provide reasonable accommodations to people with disabilities who require assistance animals. Pet restrictions cannot be used to deny or limit housing to (Continued on page 3)
Page 3 Fall 2013 (Continued from page 2) people with disabilities and housing providers must grant reasonable accommodations in such instances, in accordance with the law. The guidance also described the Department of Justice s revised definition of service animal under the ADA, as well as housing providers obligations when multiple nondiscrimination laws apply. The Americans with Disabilities Act requires equal access for people with disabilities using trained service dogs in public accommodations and government facilities. Under the Fair Housing Act, housing providers have a further obligation to accommodate people with disabilities, who because of their disability, require trained service dogs or other types of assistance animals to perform tasks, provide emotional support, or alleviate the effects of their disabilities. HUD Guidance on Assisting Individuals Moving Out of Institutions and Into Housing In June 2013, HUD issued guidance to support state and local Olmstead efforts to increase the integrated housing opportunities for individuals with disabilities who are transitioning from, or at serious risk of entering, institutions and other restrictive, segregated settings. Olmstead refers to the 1999 Supreme Court landmark decision, Olmstead v. L.C., which affirmed that the unjustified segregation of individuals with disabilities is an illegal form of discrimination. Following the Olmstead decision, many states are working hard to assist individuals living in institutions and other segregated settings to move to integrated, community-based settings where they can receive the health care and long-term services and supports they need. Many of these efforts, though, are confounded by a lack of integrated and affordable housing options for persons with disabilities. HUD s new guidance encourages public housing agencies and other HUD-assisted housing providers to consider the housing needs of their individual communities and their state and to partner with state and local governments to provide additional community-based, integrated housing opportunities. HUD s guidance is consistent with efforts across federal agencies and in many states to provide appropriate health care and related supportive services for individuals with disabilities to live in the most integrated settings possible and to fully participate in community life. The guidance is meant to affirm HUD s commitment that individuals with disabilities, like all persons, should have meaningful choice and selfdetermination in housing and in the health care and related support services they receive. There is a tremendous need for affordable housing where individuals with disabilities are able to live and be part of the very fabric of their communities, said Secretary Shaun Donovan. HUD is committed to offering housing options that enable individuals with disabilities to live in the most integrated settings possible and to fully participate in community life. Visit www.fhcsp.com to read these and other fair housing notices and memorandums from HUD and DOJ. Need help with your specific fair housing issue? Contact FHCSP for technical assistance. The U.S. Department of Housing and Urban Development (HUD) estimates that each year 2.5 million people are victims of housing discrimination. The Fair Housing Act prohibits discrimination in housing on the basis of: Race Color Religion National Origin Sex Disability Familial Status (Presence of children under 18 in a household, pregnant women or anyone securing legal custody of a minor child) The Fair Housing Act covers all housing related transactions, including: What Is Fair Housing? Rentals Sales Mortgage lending Homeowner s insurance Advertising Zoning & Land Use Appraisals If you or someone you know feels victimized by housing discrimination, contact FHCSP at: Phone: 267-419-8918 Toll Free: 866-540-FAIR (3247) information@fhcsp.com FHCSP can help investigate your complaint and assist you in determining what action should be taken.
Page 4 Fall 2013 Who is FHCSP? Established in 1956, FHCSP is the oldest fair housing council in the nation FHCSP Mission To educate and advocate for equal access to quality, affordable housing for everyone in Eastern Pennsylvania Counties Served Bucks Chester Delaware Lehigh Montgomery Northampton Philadelphia Services FHCSP is a Qualified Fair Housing Enforcement Organization as designated by HUD, and additionally provides education for both consumers as well as the housing industry Update to PAR Fair Housing Guidelines On June 14, 2013, the Pennsylvania Association of Realtors (PAR) released updated fair housing guidelines the result of a partnership between the PAR Diversity Committee and the Pennsylvania Human Relations Commission. The new guidelines provide information, resources and solutions on various fair housing topics including advertising, marketing, meeting clients, qualifying buyers, showing properties and handling offers. All real estate professionals are required to comply with Federal and local fair housing laws, regulations and ordinances, in addition to the Realtor Code of ethics. Pennsylvania and federal civil rights laws make it illegal to discriminate against someone in a housing related transaction on the basis of age (40 and over), ancestry, color, handicap (including persons with physical, mental and developmental disabilities), familial status (presence of children under 18 in a household, pregnant women or anyone securing legal custody of a minor child), national origin, race, religion, sex, use of guide animal due to blindness/ deafness and the handling/training of service animals. Consumers covered under fair housing laws are referred to as the protected classes and in some circumstances can include LGBT (lesbian, gay, bisexual, transgender) households, refugees, domestic violence victims, former drug addicts that have successfully completed rehabilitation, atheists and hoarders. While housing discrimination based on one s sexual orientation is not explicitly covered under Federal fair housing laws, many local communities have passed anti-discrimination ordinances making the practice illegal. Article 10 of the National Association of Realtors Code of Ethics prohibits discrimination based on sexual orientation. In 2013, consumers are less likely to encounter blatant and more hostile forms of discrimination, but rather subtle differences in treatment. In many cases, real estate professionals violate fair housing laws because they do not fully understand their responsibilities. As emerging issues and new laws continually change the requirements for compliance, it s critical that Realtors have a firm understanding of their responsibilities. It s important to know the various sets of rules and how to structure your practice to ensure that you re following the rules at all times. Realtors and brokers may act with the best of intentions without realizing that their actions and words may be misinterpreted by consumers. -Fair Housing Guidelines, Pennsylvania Association of Realtors, Fair Housing Guidelines, 2013 (Continued on page 5)
Page 5 Fall 2013 PAR Updates Fair Housing Guidelines (Continued from page 4) The updated PAR Fair Housing Guidelines tackle complex situations including managing client expectations when they conflict with fair housing responsibilities, intimidation/harassment issues, and providing reasonable accommodations when a consumer with a disability requests it. Fair housing concepts are highlighted using example scenarios and a list of words and phrases are included to help real estate professionals understand how to avoid discriminatory advertising. David Dean, chair of PAR s Diversity Committee commented on the guidelines stating that as Realtors, we want to help our clients. But when a client asks which houses are located in the good school districts, or do you think I ll be comfortable in that neighborhood, we need to remember that these are decisions clients need to make on their own so we re not crossing any lines. Visit www.fhcsp.com to read the PAR press release and updated guidelines. Call for More Accessible Affordable Housing (Continued from page 1) While there, I was motivated to spearhead the development of Lexie's Dream Apartments, a low-income and accessible apartment complex specifically designed to accommodate the needs of people with disabilities. The layout of each of the 15 apartments is different from one another, but all have spacious rooms for wheelchair turnarounds, low countertops, electronic doors that can be opened without assistance, an automatic elevator that makes it easier for us to travel between floors and an emergency generator for when the power goes out in our building. Every resident lives independently and is free to pursue life as he or she wishes, just like everyone else in society. We make decisions for ourselves and establish our own living routines with assistance of personal aides who come daily. Needless to say, Lexie's Dream Apartments is a real home to all of us, giving us the ability and freedom to live like anyone and everyone else in society! As I pointed out, the quality of life is much better for us than those living in a nursing home. Providing more apartments like those at Lexie's Dream will cost taxpayers much less than housing people with disabilities in nursing homes. It costs thousands of dollars for just one individual to live in a nursing home a year. More importantly, a disability can suddenly happen to anyone or to a family member or to a friend of that person. So I urge you all to join our call to make more accessible and affordable housing a reality for the ever-increasing number of people with disabilities. It doesn't have to be an entire building dedicated to people with disabilities like at Lexie's Dream Apartments. It can be apartments with accommodations in a building anywhere. I'm so very happy and grateful for such accommodations at Lexie's Dream Apartments. IMPACT Since its inception, FHCSP has eliminated discrimination at 47,007+ housing units Thank you for all you have done for me. You were there for me during a tough time. It s really great to know that there is a Council out there like yours that cares about making sure everyone is treated fairly. - Discrimination Victim Between 2008 and 2012, FHCSP conducted 328 trainings and education events for 6,991 individuals Thank you very much for your presentation. This was the first time that Fair Housing was presented in a clear and concise way! - FHCSP Training Participant
Page 6 Fall 2013 Support FHCSP The Fair Housing Council of Suburban Philadelphia is eligible to receive designated United Way funds through the Donor Options Program. Agency code: #5182 Please Donate! Sign up to receive the Fair Housing News and other e-mail updates from FHCSP. Contact: bolin@fhcsp.com to request electronic newsletters and updates on the latest fair housing cases and news. Fair Housing Case Review: HUD Charges & Settlements Sun Trust Mortgage and the U.S. Department of Housing and Urban Development (HUD) announced a settlement in May 2013 to resolve two housing discrimination complaints alleging that the bank denied mortgage loans to two couples because the women were on maternity leave. A Florida couple was pre-approved for a loan, and then denied just 14 days before closing. The Sun Trust Mortgage loan officer informed the couple that the loan would not be approved unless the woman returned to work. In another case, a Virginia couple alleged that Sun Trust Mortgage had provided a construction-to -permanent mortgage loan but delayed its conversion to a permanent loan until after the woman returned from maternity leave. According to the conciliation agreement, Sun Trust Mortgage must train their employees, pay $36,000 to the couples and adopt a parental leave policy that prohibits asking mortgage applicants about their intent to take parental leave in the future. In June 2013, Bank of America and Fannie Mae settled a HUD fair housing complaint alleging that they denied a consumer s loan modification application because she did not provide sufficient information about the nature of her disability. According to the complaint, a California woman applied for a loan modification that would have reduced her interest rate and made it easier for her to pay her mortgage after her disability caused her to miss several months of work. When asked to provide documentation relating to her medical condition, the woman provided the loan officer with two letters from her physician, a current medical bill, insurance records showing her medical treatment between 2007 and 2011, and a letter from her employer certifying her approved leave of absence due to her disability. The loan modification application was denied because the woman had not provided sufficient information about the nature of her disability. Bank of America agreed to provide fair housing training for its employees and Bank of America and Fannie Mae agreed to pay the woman $25,449. In May 2013, HUD negotiated a settlement agreement involving LLB&B, a real estate company in Alabama. According to the HUD press release, a man filed a complaint with HUD after a real estate agent refused to show him a condominium for purchase because he was African American. The man alleged that a LLB&B real estate agent left a message on his voicemail indicating her belief that white neighbors would panic at the prospect of an African American neighbor. The homebuyer shared the recording with the HUD investigator, who then shared it with LLB&B. Upon hearing the messages, the owners of LLB&B terminated the agent s employment. According to the conciliation agreement, LLB&B will train its staff and pay the homebuyer $29,000. HUD charged City Rescue Mission (CRM) of New Castle in May 2013 with refusing to accept a blind man and his guide dog at a homeless shelter in New Castle, PA. According to HUD s charge, a blind homeless man contacted CRM to seek shelter. A CRM employee allegedly told the man that he could not move into the shelter with his guide dog even after the man said that he could (Continued on page 7)
Page 7 Fall 2013 (Continued from page 6) not be without his service animal. When a caseworker from Lawrence County Community Action contacted the shelter explaining the disability related need for the guide dog, the CRM employee again refused. HUD s charge will be heard by a United States Administrative Law Judge unless any party to the charge elects to have the case heard in federal district court. In April 2013, HUD announced a conciliation agreement settling allegations that a Massachusetts real estate agent and an executor of an estate violated Fair Housing laws by preventing the sale of a home to be used as a group home for persons with disabilities. The prospective buyer planned to rent the house to a nonprofit organization providing supportive housing for persons with disabilities. When the executor of the estate learned how the prospective buyer intended to use the home, he agreed to sell the home on the condition a restrictive covenant prohibiting the use of a group home for disabled persons was attached to the property. The executor s attorney at Bowditch & Dewey recorded a restrictive covenant prohibiting the use of the house as a group home for disabled persons. The seller s agent from Coldwell Banker Residential Brokerage e-mailed the restrictive covenant to the prospective buyer, which prompted him to withdraw from the sale. Both the prospective buyer and his sales agent filed complaints with HUD alleging that the restrictive covenant would prohibit future owners from using it as a group home for persons with disabilities. Under the agreement, Coldwell Banker Residential Brokerage and law firm Bowditch & Dewey LLP will pay the prospective homebuyer $78,000 and his agent $12,000. In addition, Bowditch & Dewey, LLP, will donate 100 hours of free legal service directly related to fair housing and 100 hours of legal services directly related to the promotion of disability rights. For more information about the above cases, visit www.fhcsp.com. FHCSP Awarded HUD Enforcement & Education Grants On September 25, the U.S. Department of Housing and Urban Development (HUD) awarded FHCSP two grants through the Fair Housing Initiatives Program (FHIP). Jim Berry, FHCSP Executive Director commented that the grants were critical to eradicating discrimination in Southeast Pennsylvania. Mr. Berry said FHCSP is pleased for the opportunity to partner with HUD to help victims of discrimination and increase awareness about fair housing. FHCSP will receive a FHIP Private Enforcement Initiative grant of $324,877 to continue efforts to affirmatively further fair housing and reduce discrimination through enforcement and systemic testing investigations. The funding will support FHCSP fair housing investigations, counseling, testing and education services in Bucks, Chester, Delaware, Lehigh, Montgomery, Northampton and Philadelphia Counties. FHCSP also received a FHIP Education and Outreach Initiative grant of $124,849 to update and expand fair housing education programming. Activities will include: workshops on access to HUD-funded programs for individuals with Limited English Proficiency; trainings and webinars for nonprofits, housing providers, and consumers; training on the design and construction requirements for builders, architects, and public officials; and a regional fair housing conference focused on zoning and land use issues. Volunteer to Fight Discrimination: Become a Fair Housing Tester FHCSP is in need of fair housing testers to assist with investigating complaints of discrimination and uncovering illegal housing practices. FHCSP conducts testing investigations in the City of Philadelphia and Bucks, Chester, Delaware, Lehigh, Montgomery and Northampton Counties. As a trained tester, you will be called on to help identify possible instances of discrimination in housing, which will contribute to the health and wholeness of the community, and you will be paid for your efforts. For more information about testing, contact: Emma Ward-Williams ward@fhcsp.com (267) 419-8918 x3
Fair Housing Council of Suburban Philadelphia 455 Maryland Drive, Suite 190 Fort Washington, PA 19034 ADDRESS SERVICE REQUESTED NONPROFIT ORG. U.S Postage PAID Media, PA Permit No. 684 The Nation s Oldest Fair Housing Council Founded in 1956 Fair Housing Back in the Day (1965-1966): Images from the FHCSP Archives