THE BASICS OF THE FAIR HOUSING ACT Presented
THE BASICS OF THE FAIR HOUSING ACT Presented by: Sarah Fisher Idaho Human Rights Commission 208 -334 -2873
Fair Housing Basics 1. What is Fair Housing? 2. What are the Federal protected “bases? ” 3. What is covered? “issues? ”
Fair Housing Basics 4. What makes discrimination illegal? 5. Who must comply?
What is Fair Housing? Fair housing is the right of all people to be free from discrimination in the rental, sale, or financing of housing. Fair Housing means Equal Access
The Federal Fair Housing Prohibits discrimination in public and Act private housing on the bases of: Ø Race/Color Ø Sex (Gender) Ø Religion Ø National Origin Ø Disability Ø Familial Status (Presence of children under 18, pregnant female, securing custody, and designee of custodian)
What issues are covered under the Act? ØVirtually ALL housing related transactions are covered, including: Ø Renting or buying ØTerms or conditions, ØRules & policies, contracts ØReasonable accommodations ØMortgage lending, appraisals, and insurance Ø Advertising
What makes discrimination illegal? ØDiscrimination means being treated differently than others ØNot all discrimination is illegal ØIllegal Discrimination = Covered Issue + Covered Basis Refusing to rent (Issue) housing to someone because she is a woman (Basis)
What makes discrimination illegal? Discrimination can mean a failure to reasonably accommodate a person’s disability
What makes discrimination illegal? Discrimination can mean a landlord’s neutral policy, when put into practice, has a greater negative effect on one group of people of a certain protected class more than another group of people
Illegal Discrimination Can Be… ØCharging a higher rent amount for tenants with children ØMaking a tenant follow stricter rules because he is Russian.
Illegal Discrimination Can Be… ØCharging a pet deposit or a fee for a service animal. ØRequiring a qualified applicant to meet higher standards because she is African-American
Illegal Discrimination Can Be… ØEvicting a disabled tenant because she requires a reasonable accommodation and needs a ramp for her disability ØTelling applicants that an available apartment has been rented once it is known they are Muslim
Illegal Discrimination Can Be… Ø Retaliating against a tenant who has filed a Fair Housing complaint Ø Failing to take action if a tenant complains that another tenant is harassing them because they are Mexican
Who must comply with the Fair Housing Act? ØCan include, but is not limited to: Any person and/or entity involved in the rental or sale of a dwelling or the advertisement of a dwelling
Who must comply with the Fair Housing Act? Ø Any person and/or entity involved in the design and construction of new dwellings Ø Any person and/or entity involved in other real estate related transactions such as mortgage lending, property/hazard insurance, zoning, municipal services
This Means… ØProperty Owners ØProperty Managers ØProperty Maintenance Staff ØReal Estate Brokers or Agents ØHomeowners/Condominium Associations ØHousing Authority Staff ØHousing Developers and Contractors ØMortgage Lenders and Financial Institutions
Specific Fair Housing Issues Ø Sexual Orientation Ø Family Status Ø Advertising
The Fair Housing Act and Sexual Orientation and Gender Identity are not protected classes under the Fair Housing Act. However, a lesbian, gay, bisexual, or transgender person’s experience with sexual orientation or gender identity housing discrimination may still be covered by the Fair Housing Act.
How? Under Disability: A gay man is evicted because his landlord believes he will infect other tenants with HIV/AIDS.
How? Under Sex/Gender: A property manager refuses to rent an apartment to a prospective tenant who is transgender.
Familial Status What is familial status? Do’s and Don’ts Occupancy HOPA
Defining Familial Status ØThe presence of one or more children under the age of 18 in the household ØParent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child ØPregnant woman or someone in the process of acquiring legal custody of a child
Do’s and Don’ts: Ø Do not refuse to rent to qualified families with children unless you are a Housing for Older Persons (HOPA) Ø Do not refuse to rent to qualified families with children because of safety hazards – Ø Do not limit families with children to certain floors of buildings or to certain areas within housing complexes
Do’s and Don’ts: ØDo not establish rules that target children ØFollow existing health and safety laws when setting age limits for pool use or spa equipment
Occupancy Under some circumstances, a housing provider’s occupancy policy may have an unfair and larger negative impact on families with children and may, therefore, constitute a violation of the Fair Housing Act
Occupancy – The Keating Memo discusses reasonable occupancy policies ØTwo persons per bedroom, as a general rule, is reasonable ØHOWEVER, reasonableness is not solely determined by the number of people permitted in each bedroom http: //www. hud. gov/offices/fheo/library/occupancystds. pdf
The Keating Memo - Continued ØReasonableness of an occupancy policy is also determined by: ØSize of bedrooms and unit ØAge of children ØConfiguration of unit ØOther physical limitations of housing ØState and local law
Housing for Older Persons Act (HOPA) ØThe Fair Housing Act prohibits discrimination in housing based on family status (presence of children) ØThere are three exceptions to this rule found in the Housing for Older Persons Act: – State or Federal housing programs designated by HUD Secretary to be specifically for the elderly http: //www. hud. gov/offices/fheo/seniors/index. cfm
HOPA - Continued 62+ Housing facility or community intended for and solely occupied by persons 62 years and older
HOPA-Continued Ø 55+ Housing-criteria to qualify: ØHousing facility or community where at least 80% of its occupied units is occupied by at least one person aged 55 or older ØIntent to operate as housing designed for persons 55 and older ØProcess to verify age of occupants
Questions ? ? ?
Advertising The Fair Housing Act prohibits the making, printing, and publishing of any notices, statements or advertisements with respect to the sale or rental of a dwelling which indicates any preference, limitation or discrimination because of a protected class covered under the Act
Advertising Guidelines ØExamples of Permissible phrases ØMaster bedroom ØDesirable Neighborhood ØFemale roommate wanted ØMother-in-law suite ØNo smoking ØFamily room http: //www. hud. gov/offices/fheo/library/part 109. pdf
Advertising Guidelines ØExamples of Phrases to Avoid ØWhite family home ØAdult Community ØRoselawn Catholic Home (without a nondiscrimination statement)
Advertising - Continued THE KEY: DESCRIBE THE PROPERTY NOT THE TENANTS!
Questions ? ? ?
Who Do I Contact? Intermountain Fair Housing Council 5460 West Franklin Road, Suite M Boise, ID 83705 1 -208 -383 -0695 (Phone)
Who Do I Contact? Idaho Commission on Human Rights 317 West Main Street Boise, ID 83735 -0660 208 -334 -2873 inquiry@ihrc. idaho. gov www. humanrights. idaho. gov
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