Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
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 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? 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” 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 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 Applicant or resident must make a request Accommodation requests may be verbal or in writing Consider all accommodation requests Engage in an interactive process Provide accommodations promptly Reasonable Accommodation Examples Waiving No Pet Policy and/or pet fees Explaining what is in the lease agreement and what the rules of the complex are Providing a reserved parking stall Transferring from upstairs unit to ground floor Early release from lease Providing tenant written information vs. verbal Meeting in an accessible location Examples of Reasonable Modifications Allowing a ramp to be built Grab bars in bathroom Widening doorways 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 Any animal individually trained to do work or perform tasks for the benefit of an individual with a disability Certification not necessary Tenant may provide the training “Companion/therapy/emotional support animals” included Assistance Animals Continued… 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: * Subjected to demand for sexual favor * Experienced the demand because of sex * Housing benefits conditioned on performance Hostile Environment Elements: * 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 Sexual harassment Gender Identity Equal Access Rule