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Housing Presentation November 16, 2005 Pete Cantrell, Attorney
Overview of P&A • Protecting the legal, civil, and human rights of people with disabilities since 1977 • Private, non-profit corporation • Funding Sources • Teams • Annual Priorities
Equal Access Team Priority • People with disabilities will have legal representation in order to enforce their legal rights so that they may access goods, services, employment, and places in the community.
Fair Housing Act • Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status, and disability. • The act was amended in 1988 to include disability – Fair Housing Amendments Act (FHAA).
Fair Housing Act • Covers private housing, housing that receives federal financial assistance, and state and local government housing. • New construction rules apply to multifamily housing (4 units or more) built for occupancy after March 13, 1991. • Also covers buyers and renters without disabilities who live with or are associated with people with a disability.
Who must comply • Individuals • Corporations • Property owners • Housing managers • Homeowners • Condominium associations • Real estate agents • Lenders
Fair Housing Act • Requires housing providers to make reasonable accommodations for persons with disabilities. • Requires housing providers to allow persons with disabilities to make reasonable modifications to their apartment. • What does this mean?
Fair Housing ActReasonable Accommodations • “Reasonable” – practical and feasible. • A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common area.
Reasonable Accommodations • Housing provider should do everything possible to assist with any accommodation. • However, landlord is not required to make changes that would create an undue financial or administrative burden.
Fair Housing ActReasonable Modifications • Reasonable modification is a structural modification that is made to allows persons with disabilities the full enjoyment of the housing and related facilities. • These are made at the tenant’s expense. • Landlord may require that the dwelling be restored to the original condition.
Question and Answer Game • You will decide if the following examples are Reasonable Accommodations or Reasonable Modifications? and • Who would make the change - the landlord or tenant?
Q and A • I noticed that you had a no pets policy. I wondered if I could have my cat with me in this apartment. She helps me with my severe depression. • I need to lower the threshold going into my apartment. It is too high for my wheelchair.
Q and A 3. Waiver of a requirement for previous rental history for a person coming out of an institution. 4. An alternate, accessible mail delivery location that is acceptable to the tenant and U. S. Postal Service.
Q and A 5. A reserved parking space in front of entrance to unit, even though all parking is unreserved. 6. Change of rent due dates to match government checks.
Q and A 7. Install a ramp from apartment door to sidewalk. 8. Install grab bars in the bathroom.
Other Laws that Protect Housing Rights Section 504 of Rehabilitation Act of 1973 • Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance. • Examples: US Department of Housing and Urban Development (HUD), public housing and some privately owned dwellings that receive federal contacts for assistance while building.
Other Laws Protecting Housing RightsTitle II of American with Disabilities Act of 1990 • Title II prohibits discrimination based on disability in programs, services, and activities provided by public entities. • Examples: Housing programs offered by local housing authorities, housing on a state university campus.
Who to Contact P&A 1-803-782-0639 or 1-866-275-7273 (Toll Free & TTY) 3710 Landmark Dr. Suite 208 Columbia 29204 email@example.com www.protectionandadvocacy-sc.org
Who to Contact • SC Human Affairs Commission 800 521-0725 or 803 737 7800 2611 Forest Dr. Suite 200, Columbia 29204 www.state.sc.us/schac • US Department of Housing and Urban Development www.hud.gov
Thanks for your time and attention! Happy Halloween! References • HUD website http://www.hud.gov/offices/fheo/disabilities • Fair Housing Laws Website www.fairhousinglaw.org/fair_housing_laws/fh_act.html • Texas Advocacy, Inc. http://www.advocacyinc.org/HS1_text.htm