- Slides: 72
FAIR HOUSING PRESENTED BY
FAIR HOUSING 2 Fair Housing Act of 1968 Protected Classes 504 Compliance Reasonable Accommodations ADA Fair Housing - Everyday
3 Fair Housing Act of 1968 It’s not an option, it’s the Law!
5 Fair Housing Act of 1968 On April 11, 1968, President Lyndon Johnson signed Title VIII the Civil Rights Act of 1968, which was commonly know as the Fair Housing Act, which was meant as a follow-up to the Civil Rights Act of 1964.
6 Fair Housing Act of 1968 When originally passed in 1968, the Fair Housing Act only covered four protective classes: race, color, religion, and national origin. Sex was added as a protective class in 1974. In 1988, disability and familial status were included as protective classes as well.
7 Fair Housing Act of 1968 Why was it important? Title VIII of the proposed Civil Rights Act was known as the Fair Housing Act, a term often used as a shorthand description for the entire bill. It prohibited discrimination concerning the sale, rental and financing of housing based on race, religion, national origin and sex.
8 Fair Housing Act of 1968 The Fair Housing Act was established to protect people from discrimination when renting or buying property.
9 Fair Housing Act of 1968 Under the Act, it is against the law to: Refuse to rent to someone Make housing unavailable Deny someone an apartment because they have children FOR RENT
10 Fair Housing Act of 1968 Under the Act, it is against the law to: Show only some apartments that are available. Advertise housing to preferred groups Steer certain groups to a specific location Ask about a disability
11 Fair Housing Act of 1968 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in any program or activity receiving federal financial assistance. FOR RENT
12 Protected Classes Race Color Religion National Origin Familial Status Sex Disability
13 Protected Classes Race • African American • Caucasian • American Indian Never discuss the racial makeup of properties or neighborhoods. Color Religion Race National Origin Sex Familial Disability Status
14 Protected Classes Color • White • Black • Brown • Yellow • Red Color Religion Race National Origin Sex Familial Disability Status
15 Protected Classes Religion • Protestant • Christian • Catholic • Jewish • Muslim Color Religion Race National Origin Sex Familial Disability Status
16 Protected Classes Religion • During the holidays, do not use nativity scenes or Menorah • Don’t distribute religious holiday cards Color Religion Race National Origin Sex Familial Disability Status
17 Protected Classes National Origin Mexican American Mid-Eastern Puerto Rican Philippine African Polish Hungarian Latino Irish Italian Russian Chicano Native American Chinese Color Religion Race National Origin Sex Familial Disability Status
18 Protected Classes Sex The exclusive use of words in advertisements, including those involving the rental of separate units in a single or multi family dwelling Color Religion Race National Origin Sex Familial Disability Status
19 Protected Classes Disability Physical or mental impairment which substantially limits one or more major life activities such as being blind, deaf, mentally ill, etc. Color Religion Race National Origin Sex Familial Disability Status
20 Protected Classes Disability Never ask an individual about their disability. Color Religion Race National Origin Sex Familial Disability Status
21 Protected Classes Disability Disabled individuals have the right to request reasonable accommodations and/or modifications to their apartment and/or the common areas. Color Religion Race National Origin Sex Familial Disability Status
22 REASONABLE ACCOMMODATIONS Disability Assisted animals are considered reasonable accommodations. They are not considered a “pet”.
23 REASONABLE ACCOMMODATIONS Disability Necessities for the service animal, such as food, vet bills, bathing supplies, etc. are considered a medical expense for the resident.
24 Service Animals vs. Companion Animals Service Animals according to the ADA • The ADA requires the animal to be under the control of the handler. • The animal must be housebroken. • The ADA does not require covered entities to provide for the care or supervision of a service animal, including cleaning up after the animal. • The animal should be vaccinated in accordance with state and local laws.
25 Service Animals vs. Companion Animals • If determination is that dog has not been professionally trained, or the animal is not a dog, go to reasonable accommodation analysis. • There are no formally recognized certificates, papers or tags that identify a dog or animal as a guide, hearing, service, companion or emotional support dog or animal. • Landlord may not refuse accommodation due to lack of formal certification, or tags. Landlord may refuse if medical documentation is not provided, or is insufficient.
26 Service Animals vs. Companion Animals Simply Put… Ø A service dog is specifically trained and helps disabled individuals perform tasks they cannot do for themselves. Ø The ADA governs the use of service dogs in public places. Persons with disabilities are permitted to take their service dogs into public places normally prohibited to dogs, such as on public transportation, in public buildings, stores, and restaurants. Ø A service dog helps a person with a disability lead a more independent life.
27 Service Animals vs. Companion Animals Simply Put… Ø Companion Animals do not have federally granted legal access to the types of public areas afforded to service dogs. Ø A companion animal is there to be petted and provide comfort and affection to individuals.
28 Protected Classes Familial Status Children 18 years of age and younger including unborn children and those in the process of being adopted Color Religion Race National Origin Sex Familial Disability Status
29 Protected Classes Familial Status All facilities on site must be available to children. • Safety rules are permissible • Pools - cannot have adult swim hours Color Religion Race National Origin Sex Familial Disability Status
30 Protected Classes State of New Jersey includes the following protected classes: • Ancestry • Marital status • Affectionary & sexual orientation Color Religion Race National Origin Sex Familial Disability Status
31 Protected Classes Also included in New Jersey: • AIDS and or HIV positive • Section 8 voucher holders • Visual impairment Color Religion Race National Origin Sex Familial Disability Status
32 Protected Classes Pennsylvania includes the following: • Sex – including pregnancy, childbirth and related medical conditions • Age – 40 and older Color Religion Race National Origin Sex Familial Disability Status
33 Protected Classes Pennsylvania includes the following: • Use of service animals • Relationship or association with a disabled person Color Religion Race National Origin Sex Familial Disability Status
34 Protected Classes Pennsylvania includes the following: • Non-job disability • Willingness or refusal to participate in an abortion Color Religion Race National Origin Sex Familial Disability Status
35 Protected Classes Pennsylvania includes the following: • Possession of a diploma based on passing a general education development test Color Religion Race National Origin Sex Familial Disability Status
36 Protected Classes Gender Discrimination In July, 2010 the federal government announced LGBT Discrimination in Housing: • Lesbian • Gay • Bisexual • Transgender Color Religion Race National Origin Sex Familial Disability Status
37 Protected Classes LGBT Housing Discrimination LGBT individuals will be granted further assistance when facing housing discrimination. Color Religion Race National Origin Sex Familial Disability Status
38 Protected Classes Promotes equal housing choice for all prospective residents regardless of race. Prohibits discrimination in marketing Color Religion Race National Origin Sex Familial Disability Status
39 504 COMPLIANCE The Rehabilitation Act, was signed by President Richard Nixon on September 26, 1973. The Rehabilitation Act provides protections and services for people with disabilities.
40 504 COMPLIANCE Key Provisions of Section 504 of the Rehabilitation Act of 1973 Although similar to the Fair Housing Act because it protects persons with disabilities from discrimination, Section 504 of the Rehabilitation Act of 1973 has a number of important requirements that are not found in the Fair Housing Act.
41 504 COMPLIANCE Applies only to recipients of Direct Federal Financial Assistance Contains affirmative requirements not found in the Fair Housing Act Housing providers pay for physical modification to property*
42 504 COMPLIANCE Under Section 504 the Housing Provider must furnish and pay for every reasonable modification their residents are entitled to with the very important exception of… * Housing Providers are not required to provide any modification that requires a “fundamental alteration in its program” or one that poses “an undue financial and administrative burden”.
43 504 COMPLIANCE Reasonable accommodations Equal opportunity to participate in programs and services
44 504 COMPLIANCE Accessible units will be offered first to existing residents and then to eligible applicants who need the features.
45 504 COMPLIANCE If an accessible unit is rented to someone who does not need the special features, a lease addendum will be required regarding a transfer when an eligible resident or applicant is in need of the features.
46 504 COMPLIANCE It is OK to give an accessible unit to a family with a disabled child.
47 Americans with Disabilities Act The American with Disabilities Act (ADA) was signed into law by President George H. Bush on July 26, 1990. The ADA is a civil rights law that prohibits the discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.
48 ADA vs. 504 ADA = Parking Lot, Leasing Office (Public Accommodations) 504 = Units, or Fair Housing Design Act of March 13, 1991 “Correct Terminology” There is no such thing as an ADA Unit. There is such a thing as an Accessible Unit
49 AVIOD THESE THINGS!!! Ø Do not require special requirements from disabled households other than verification if required (i. e. , additional liability insurance) Do not steer Ø Monitor language in person and in print Ø Respond to all requests Ø Don’t impose fees on accommodations Ø
DO THESE THINGS!! 50 v v v Have a conversation when presented with accommodation or modification requests. 1 in 5 persons, or more than 56. 7 million people, said they had some form of disability in the 2010 U. S. Census. Fair treatment is good for everyone. Applicants and residents with disabilities are an increasing part of the market for housing. People with disabilities are an increasingly high percentage of the population.
54 EXTERIOR ELEMENTS
55 RAMP INCORPORATES DECK
56 RAMP INCORPORATES DECK
57 DOORWAYS AND HARDWARE
58 THINKING ABOUT THE USER • Window slides side to side for easier opening. • Thermostat set at a reachable height from wheelchair.
59 REASONABLE ACCOMMODATIONS Logos should be used on all advertising material.
60 REASONABLE ACCOMMODATIONS It is illegal to reject an applicant because of a disability Larger apartment than normal can be given to a disabled individual for purposes of permitting occupancy by a live-in-aide.
61 REASONABLE ACCOMMODATIONS Accommodations to be considered reasonable must not cause undue financial and administrative burdens on the owner.
62 REASONABLE ACCOMMODATIONS Examples of some reasonable modifications: • Installation of a ramp • Lowering of the unit entry threshold • Installation of grab bars in the bathroom
63 REASONABLE ACCOMMODATIONS Reasons to Jump Over Applicants on the Waiting List • Disabled individuals needing an accessible unit.
64 FAIR HOUSING EVERYDAY Everyone and anyone can submit an application Any person who is 18 or older may apply Special accommodations need to be made if applicant is disabled and unable to come into the office.
65 FAIR HOUSING EVERYDAY • Reasons for Transfers • Residents requesting a reasonable accommodation due to a physical or mental disability • Residents who are not mobility impaired and occupying an adaptive unit • Residents who request VAWA protection
66 FAIR HOUSING EVERYDAY • Inform future residents where the vacancies are located. • Ask future resident where they would like to live.
67 FAIR HOUSING EVERYDAY Maintenance personnel need to be considerate when working in an apartment. Use door knob hangers.
68 FAIR HOUSING EVERYDAY Maintenance personnel need to be considerate when working in an apartment and causing noise.
69 FAIR HOUSING EVERYDAY Maintenance personnel need to be considerate when working in an apartment and protecting the resident’s personal belongings.
70 FAIR HOUSING EVERYDAY Maintenance personnel should always be ready to assist residents and especially those individuals who are disabled.
71 Norma J. Hines, SHCM®, FHC® [email protected] com
72 Community Realty Management April, 2018