Fair Housing, Section 504 & Reasonable Accommodations. Department of Housing & Urban Development MPNAHRO June16, 2014. FAIR HOUSING LAWS. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FAIR HOUSING ACT OF 1968, AS AMENDED IN 1988 SECTION 504 OF THE REHABILITATION ACT OF 1973(UFAS)
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Department of Housing & Urban Development
Simply put, discrimination means treating someone differently based on x, y or z.
For example, a landlord may not:
adopt reasonable occupancy standards
to limit the number of persons who can reside in a unit
adopt occupancy standards
(1) to exclude families with children.
(2) unreasonably limit the ability of families with children to obtain housing.
What is Allowed?
Of the lease
1)Pay the rent on time
2) Maintain the unit
3) Obey the rules
To All Applicants
Criteria that could be discriminatory, such as:
Found at 24 CFR Part 8.
Major Life Activities:
Tasks of one’s Self
Section 504 Coordinator
Effective Communication Policy
Section 504 Notice
Most Integrated Setting
Occupancy Accessible Units
Distribution of Accessible Units
1.) Does the requester have a disability?
2.) Does the requester have a disability-related need for the reasonable accommodation?
Housing providers must evaluate all requests for reasonable accommodations by appyling the general principals.
Engaging in an interactive dialogue:
It is necessary, when an applicant or a tenant requests an accommodation or modification, to engage in an interactive dialogue. One cannot simply refuse a request for a reasonable accommodation or modification. The interactive dialogue is an opportunity to become educated about the requester’s needs and to find an effective and reasonable solution for the issue at hand.
*Does not impose an undue financial and administrative burden on housing provider.
*Does not fundamentally alter the nature of the housing providers operations.
A tenant with a mental disability is being evicted for violating community rules – request for accommodation to stop eviction to allow for time to acquire medical treatment.
A tenant becomes
disabled and requests
installation of a ramp.
The XYZ Housing Authority has a tenant with disabilities living in a unit that is not accessible and has a thick carpet with a pad and a variety of other features that hinder the tenant from full use of the dwelling. The tenant requests a transfer to an accessible unit. After several other tenants have been transferred the tenant is moved. He is charged $500 to replace the carpet in his previous unit due to wear and tear and it cannot be cleaned. This is also the amount of the transfer fee.
Lawful or Unlawful?
This case Unlawful
The tenant should not have been charged the $500. The HA should have removed the pad under the carpet in the in accessible unit for the person to be able to better utilize the dwelling, the tenant had asked for it to be removed numerous times.
Discussion items: $500 damage or transfer fee? Length of time and being passed over for transfer? Did they have a transfer list?
Under Section 504 is it okay to charge an individual with disabilities for the cost of an interpreter? Allow the person with a disability to use a child to interpret?
Does a pregnant women meet the definition of a person with a disability?
If a person has been a drug addict can they meet the definition of a person with a disability?
If the housing provider does not have any accessible units can the provider deny individuals with disabilities from applying?
If the Resident Advisory Board meets in a building that is not accessible, since it is historic, can the housing provider deny persons with disabilities membership on the Board?
It’s Not an Option
Its the Law!
Michele Hutchins, Equal Opportunity Specialist
Office of Fair Housing & Equal Opportunity
U.S. Department of Housing & Urban Development 125 S. State Street, Room 3001
Salt Lake City, UT 84138
(801) 524-6097-Direct line
(801) 524-6909-TDD/TTY line
1-800-877-7353 – Denver Toll Free
email: [email protected]