AFFORDABLE HOUSING CLEARINGHOUSE 1282016 FAIR HOUSING PRESENTATION Fair
AFFORDABLE HOUSING CLEARINGHOUSE 1/28/2016 FAIR HOUSING PRESENTATION Fair Housing Act Fair Employment and Housing Act Unruh Civil Rights Act Civil Code Sections 1940 et seq. © 2016 Fair Housing Council of Orange County 1
FHCOC BACKGROUND • Founded 1965 – Out growth of Civil Rights Movement • Incorporated 1968 – 501(c)(3) • Primary Mission is Combating Housing Discrimination – Also LL/T Counseling & HUD Approved Housing Counseling • Private Enforcement of Fair Housing Laws Throughout Orange Co. – Direct HUD Support • Serves Much of Orange Co. for LL/T – Local Government Support 2
THE MOST IMPORTANT SLIDE 714 -569 -0823 or 800 -698 -FAIR info@fairhousingoc. org www. fairhousingoc. org 3
FAIR HOUSING = NON-DISCRIMINATORY HOUSING 4
‘DISCRIMINATE’ DEFINED intransitive verb 1 a : to make a distinction <discriminate among historical sources> b : to use good judgment 2 : to make a difference in treatment or favor on a basis other than individual merit <discriminate in favor of your friends> <discriminate against a certain nationality> 5
WHY FAIR HOUSING? • It’s the right thing to do • It’s required by law and federal regulations • Possibly severe consequences for noncompliance – Monetary Damages – Compensatory & Punitive – Equitable Relief – Loss of Reputation – Loss of Property or Exclusion From Housing Business 6
RELEVANT LAWS FAIR HOUSING ACT CALIFORNIA FAIR EMPLOYMENT & HOUSING ACT UNRUH CIVIL RIGHTS ACT RALPH CIVIL RIGHTS ACT 7
WE’RE ALL COVERED BY FAIR HOUSING LAWS • Fair Housing Laws Prohibit Actions and/or Decisions Based On “Protected Class” Status or Using Prohibited Bases. • Everyone Is a Member of Multiple Protected Classes or Could be Adversely Treated on a Prohibited Basis. 8
PROHIBITED BASES • Federal – – – – Race Religion National origin Color Sex Familial status Disability (Handicap) • State Federal Classes + – Marital Status – Source of Income – Sexual Orientation – Ancestry – Age – Genetic Information – Gender Identity or Expression – Arbitrary 9
WHAT IS HOUSING DISCRIMINATION ? • • Refusal to Rent or Sell After a Bona Fide Offer Refusal to Negotiate For Sale or Rental Otherwise Make Unavailable or Deny Housing Falsely Denying Housing is Available Steering Deny a Loan Different Terms or Conditions for a Loan Retaliation, Intimidation, Coercion, Interference with Rights 10
WHAT IS HOUSING DISCRIMINATION ? (cont’d) • Differences in: –Terms , Conditions or Privileges –Services or Facilities • Advertising or Statements Expressing a Preference • Disability Specific Provisions • Reasonable Accommodations • Reasonable Modifications • Accessibility Requirements for ‘Newer’ Housing 11
ESSENTIALLY ALL HOUSING TYPES COVERED - ANYTHING THAT IS A DWELLING – (a place of abode to which one intends to return) • • Apartments Room Rental (w/ exceptions) Long-Term Motel Stay Homeless Shelter Transitional Housing Sober Living Programs College Dormitories • • • Condominiums Single-Family Homes Mobilehomes RV Parks Campsites Raw Land 12
ESSENTIALLY ALL HOUSING-RELATED TRANSACTIONS COVERED • • • Management Advertising Insurance Lending Brokering Loans • • Real Estate Brokerage Appraisal Design & Construction Security / Protection 13
WHAT IS THE MEANING OF “DISABILITY” • Federal – “physical or mental impairment which substantially limits one or more [. . ] major life activities” • State – Broader because it doesn’t use “substantially” • Includes: – A Record of Having Such An Impairment – Being Regarded As Having Such An Impairment – Alcoholics and Persons Recovering From Drug Abuse 14
HOUSING SEARCH • Be alert to possible discrimination – “discrimination with a smile” • Be alert to possible on-line scams – Try to verify the right of the offeror to rent the premises • Be careful about placing a holding deposit – Be specific as to unit – Understand the terms, including forfeiture – Generally, if you back out after approval you will lose some or all of the deposit • When possible inspect the unit before applying 15
THE SECOND MOST IMPORTANT SLIDE 714 -569 -0823 or 800 -698 -FAIR info@fairhousingoc. org www. fairhousingoc. org 16
- Slides: 16