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Fair Housing
Rights and Regulations
Conference to End Homelessness
May 10, 2017
Tacoma, WA
Rubai Aurora, Program Manager FHCW
Shannon Bedard, Fair Housing Specialist NWFHA
Role of FHCW and NWFHA
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Inquiries & Referrals
Education and Outreach
Testing
Reasonable Accommodations/Modifications
Reports & Studies
Complaint Intake, Investigation, Negotiation,
Litigation
The Fair Housing Act
Makes it illegal to discriminate in the provision of
housing based on:
1968
 Race
 Color
 Religion
 National
Origin
1974
 Sex
1988
 Familial
Status
 Handicap (Disability)
Washington State
Marital
Status
Sexual Orientation
Gender Identity
Military/Veteran Status
City/County Based:
Age (Seattle, Tacoma, Uninc. King County)
Ancestry (Tacoma)
Use
of Service or Assistive Animal (Uninc. King County)
Political Ideology (Seattle)
Section 8 (Seattle, Redmond, Bellevue, Kirkland, Uninc. King County,
Vancouver)
What is a Dwelling?
Retirement
Summer
Communities
Homes
Nursing
Homes
College
Dormitories
Boarding
Houses
Residence
Group
Hotels
Homes
Homeless
Shelters
Houses
Apartments
Mobile
Home Parks
Condominiums
Cooperative
Time-share
Vacant
Properties
Land To Be
Developed For Residential
Use
Other Housing Related Entities
 Homeowners
Association (HOA)
 Cooperatives
 Real
Estate Agencies/Mortgage Lending Institutions
 Public Housing Authorities
 Housing Providers Receiving Tax Credits
 HUD Subsidized/ Federal Funds
Who’s Responsible?
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Real Estate Agents And Brokers
Property Owners
Property Managers
Maintenance
Housing Developers And Contractors
Mortgage Lenders
Insurance Providers
Advertising Sources
Neighbors
Jurisdictions
Discriminatory Housing Practices
“otherwise make unavailable”
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Refuse to sell, rent or negotiate
Different terms, conditions, or privileges
Advertise a preference, limitation or discrimination
Misrepresent availability
Interference, coercion or intimidation
Redlining
Steering
Rules and Enforcement
(Familial Status)
 Resident
conduct rules should apply to everyone
 Teens do not always need to be supervised
 Damage is damage
 Allow common area use for all
 No kid-only curfews
 Follow existing health and safety laws or existing
industry standards when setting age limits for use of
amenities (e.g., pools, fitness equipment, hot tubs)
Disability
“PHYSICAL OR MENTAL IMPAIRMENT” INCLUDES,
BUT IS NOT LIMITED TO:
Orthopedic,
Visual, Speech
and Hearing Impairments
Cerebral Palsy
Autism
Epilepsy
Muscular Dystrophy
Multiple Sclerosis
Cancer
Post Traumatic Stress
Disorder
Heart
Diseases
Diabetes
HIV infection
Intellectual or developmental
disability
Emotional Illness
Drug Addiction (other than
addiction caused by current,
illegal use of a controlled
substance)
and Alcoholism.
ADA Physical Accessibility
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Accessible new construction (Owner’s expense)
 For covered multi-family dwellings constructed after March
1991.
 Accessible building entrance on an accessible route
 Accessible route into and through dwelling
 Public and common areas readily accessible to and useable
by persons with disabilities
 Doors wide enough for wheelchair passage
 Accessible light switches and thermostats
 Reinforcement in bathrooms for grab bars
 Useable kitchens and bathrooms for wheelchair users
FOR INFORMATION ON ACCESS DESIGN VISIT:
WWW.FAIRHOUSINGFIRST.ORG
Reasonable Accommodation/
Modification Process
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Applicant or resident must make a request
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Accommodation requests may be verbal
or in writing
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Consider all accommodation requests
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Engage in an interactive process
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Provide accommodations promptly
Reasonable Accommodation Examples
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Waiving No Pet Policy and/or pet fees
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Explaining what is in the lease agreement and what
the rules of the complex are
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Providing a reserved parking stall
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Transferring from upstairs unit to ground floor
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Early release from lease
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Providing tenant written information vs. verbal
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Meeting in an accessible location
Examples of Reasonable Modifications
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Allowing a ramp to be built
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Grab bars in bathroom
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Widening doorways
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Removing base cabinets
WHAT IF A DISABILITY IS NOT OBVIOUS?
Verification
that the person meets the Act’s
definition of disability
 by
the individual (SSI or SSDI)
 a doctor or other medical professional,
 a peer support group,
 a non-medical agency,
 or a reliable third party who is in a position to know
about the individual’s disability.
Assistance Animals
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Any animal individually trained to do work or
perform tasks for the benefit of an individual
with a disability
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Certification not necessary
Tenant may provide the training
“Companion/therapy/emotional support
animals” included
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Assistance Animals Continued…
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You may ask for verification that tenant has a
disability related need for the Service Animal
You may ask for verification from a qualified
professional of this need
There must be a nexus between the disability and the
service provided by the animal
Licensed medical or mental health practitioner
FHA Sex added in 1974
 Sexual
harassment is a form of
discrimination
 DV falls under sex with a disparate impact
theory: A facially neutral housing policy,
procedure or practice which
disproportionately affects a protected
class.
Sex Discrimination in Housing
 Sex
being male, female, both or neither
 Sex stereotyping
 DV (disparate impact theory)
 Sexual Harassment-QPQ or Hostile Environ.
 2010-15 FH Act Sex discrimination
expanded to include protections for
Gender identity, Transgender, and
Gender Non- Conforming persons
Sex & Sex stereotyping
 “I
prefer to rent to bachelors”
 “We’ll
allow two female roommates but
not two males.”
 “I’m
sorry, I can’t rent to you—this place
needs a man to keep up the yard”
DV & IPV
Disparate Impact Theory
 The
theory is that, even when
consistently applied, WOMEN may be
disproportionately affected by these
policies because, as the overwhelming
majority of DV violence victims, women
are often evicted (or denied housing) as
a result of the violence of their abusers.
DV & IPV Examples:
 Refusing
to rent to a woman because she is a
victim of DV is discriminatory.
 Evicting a female tenant because she is the
victim of domestic violence is discriminatory.
 Typically, a policy will trigger the allegation of
discrimination. “Zero violence leases” “No
tenants w/ DV history” “Nuisance Ordinances”
DV & Disparate Treatment
 Treating
differently and/or less favorably
because of being DV victim such as:
 Limiting visitors,
 Applying different terms & conditions of a
lease, etc.
 Charging a higher security deposit
Other Protections
 VAWA
protection for IP victims in federally
funded housing (also covers males)
 State laws vary. WA Landlord Tenant Law has
extra protections such as allowing a victim to
change locks, transfer units, or break a
lease without penalty
 Verification can include, protection order,
police report, YWCA letter, doctor’s note
 Male children under 18 should be accepted in
to shelters
Quid Pro Quo
 this
for that
 Elements:
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Subjected to demand for sexual favor
 * Experienced the demand because of
sex
 * Housing benefits conditioned on
performance
Hostile Environment
 Elements:
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Subjected to verbal or physical conduct
of sexual nature
 * Subjected to because of sex
 * Conduct unwelcome and
 * Sufficiently severe and pervasive
Gingerbread Person
 Gender
Identity
 Transgender
 Gender Non
Conforming
Housing persons who are
Trans & GNC
 Consider
eligibility regardless of gender
identity, sexual orientation, etc.
 Do not ask about anatomy or medical
procedures
 Do not consider ID as “evidence” of
gender identity
Thank you!
For more information:
 HUD Exchange---search resources for
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Sexual harassment
Gender Identity
Equal Access Rule