FAIR HOUSING BASICS

1. FAIR HOUSINGBASICS Presented by: Heidi O’Day Washington State Human Rights Commission

2. Fair Housing Basics What is Fair Housing? Federal protected bases State Laws RCW 49.60 Protected Bases Covered issues Illegal Discrimination Who must comply?

3. 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

4. Types of Fair Housing Agencies • Governmental Agencies • Federal • State / County / Municipal • Private, Non-profit Organizations

5. The Federal Fair Housing Act Prohibits discrimination in public and private housing on the bases of: • Race • Color • National Origin • Religion • Sex (Gender) • Disability • Familial Status (Presence of children under 18, pregnant female, securing custody, and designee of custodian)

6. The Federal Fair Housing Act The FHA applies to all states; Nearly every housing provider must comply with the FHA (exemptions are nearly always covered by the area’s state law or local law); Understanding the FHA and its seven protected classes is foundational; Learning about any additional protected classes in your state or locality, and understanding the universal application of non-discrimination practices, will aid all housing providers in complying with relevant laws

7. Coverage by State Laws Idaho Washington

8. Idaho Idaho Human Rights Act prohibits discrimination in real estate transactions which is based on the following protected classes: • Race • Sex • National origin • Color • Religion • Disability These protected classes are all included in the Fair Housing Act. *Taken from Idaho Commission on Human Rights website: http://humanrights.idaho.gov/discrimination/housing.html

9. Idaho • Idaho Law covers all real estate transactions, including advertising, showing, renting, leasing, buying, selling, and financing • Exemption for owner-occupied duplexes • For more information, contact the Idaho Commission on Human Rights at (888) 249-7025 *Taken from Idaho Commission on Human Rights website: http://humanrights.idaho.gov/discrimination/housing.html

10. Washington In addition to the protected classes covered under the Fair Housing Act, the following bases are covered by Washington State: • Creed • Marital Status • Sexual Orientation / Gender Identity • Military Status or Honorably Discharged Veteran • Disability – includes most disabilities, even those not covered by the Federal Fair Housing Act (temporary or mitigated)

11. Creed • A personally held belief • Does not include politics • Much broader than federal definition of established religions • Includes varying denominations or deviations from specific religious teachings

12. Marital Status The legal status of being: • Married • Single • Divorced • Widowed

13. Sexual Orientation/Gender Identity • Heterosexuality • Homosexuality • Bisexuality • Gender Expression • Gender Identity

14. Sexual Orientation/Gender Identity (continued) Things to Consider: • Driver’s license may reflect different name/ gender than person is currently presenting • Rental/credit history may be listed under different name • The person may not consistently present as the same gender, especially if their circumstances sometimes dictate that they present as their original gender • Addressing an applicant / tenant

15. Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity-Effective March 5, 2012 • Defines sexual orientation and gender identity • Adds general equal access provision • Clarifies HUD “family” definition • Prohibits inquiries in certain contexts • Adds sexual orientation and gender identity to existing FHA equal access provision

16. Military Status • Honorably discharged veterans • Current active duty • Current reserved duty • Any branch of the US military

17. Disability(under Washington State Law) • Temporary or permanent • Common or uncommon • Mitigated or unmitigated • Examples: • Diabetes • Broken Leg • Pneumonia

18. What issues are covered under the Fair Housing laws? • Virtually ALL housing related transactions are covered, including: • Renting or buying a house, an apartment, condo, or mobile home • The terms or conditions of a rental, such as rules and policies • Reasonable accommodations or modifications for a person with a disability • Mortgage lending, appraisals, and insurance • Advertising • Etc.

19. Illegal Discrimination • Prohibitions under Federal Law: • Refusal to sell or rent a dwelling (Section 804(a)) • Discriminatory terms, conditions, or privileges of sale or rental of a dwelling (Section 804(b)) • Discriminatory advertisement with respect to the sale or rental of a dwelling (Section 804(c))

20. Illegal Discrimination • Misrepresentation of the availability of a dwelling for inspection, sale, or rental (Section 804(d)) • Blockbusting (Section 804(e)) • Discrimination in lending and residential real estate-related transactions (Section 805) • Prohibition against threats and discrimination (Section 818)

21. What makes discrimination illegal? • Discrimination means being treated differently than others • Not all discrimination is illegal • Illegal Discrimination = Covered Issue + Covered Basis Refusing to make repairs for someone (Issue) because he is Muslim (Basis)

22. What makes discrimination illegal? Discrimination can also mean a failure to reasonably accommodate a person’s disability A person who is disabled may need the landlord to waive or change their rules to afford the disabled person equal access to the dwelling or public & common use areas

23. What makes discrimination illegal? Discrimination can also 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 For example, an overly restrictive occupancy policy has the effect of discouraging families with children more than any other type of household

24. Illegal Discrimination Can Be… • Charging a higher rent amount for tenants with children • Making a tenant follow stricter rules because he is from Somalia • Requiring a qualified applicant to meet higher standards because he is Native American • Telling applicants that an available apartment has been rented once it is known they are Russian • Evicting a group of tenants because they are all non-Caucasian

25. Illegal Discrimination Can Be… • Refusing to transact business with a male-to-female transgender tenant because she is not dressed as her birth gender • Evicting a disabled tenant because she requires a reasonable accommodation for her disability • Retaliating against a tenant who has filed a Fair Housing complaintby taking any unwarranted, negative action against them • Failing to take action if a tenant complains that another tenant is sexually harassing them

26. Illegal Discrimination Can Be… • Steering a home buyer to a particular neighborhood based on racial characteristics of the neighborhood • Basing terms of a mortgage loan on someone’s protected class (pregnancy/maternity leave) and charging a higher interest rate • Requiring a person with a disability to prove that their disability and/or disability-related income will last at least three years • Refusing to offer homeowner’s insurance in a particular area based on racial characteristics of the neighborhood

27. Who must comply with Fair Housing laws? • Can 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 • Any person and/or entity involved in the design and construction of new dwellings • Any person and/or entity involved in other real estate related transactions such as mortgage lending, property/hazard insurance, zoning, municipal services

28. This Means… • Property Owners • Property Managers • Property Maintenance Staff • Real Estate Brokers or Agents • Homeowners/Condominium Associations • Housing Authority Staff • Housing Developers and Contractors • Mortgage Lenders and Financial Institutions • Advertising Media • Etc.

29. Are there other applicable Fair Housing laws? • Some cities and counties in Washington have their own anti-discrimination laws • Seattle Office for Civil Rights • King County Office of Civil Rights • Tacoma Human Rights & Human Services Department • City of Bellevue • City of Spokane

30. Which Law Applies? • Between the FHA and RCW 49.60, nearly every housing transaction is covered • When in doubt, following the most stringent law is a way to ensure compliance • Still have questions? Call us!

31. Questions?

32. Specific Fair Housing Issues Disability Family Status Domestic Violence Advertising Tenant on Tenant Harassment Criminal History

33. The Fair Housing Act and Disability Who is disabled? Reasonable Modification Reasonable Accommodation What can a landlord ask? http://portal.hud.gov/portal/page/portal/HUD/topics/information_for_disabled_persons

34. Who is Disabled? • Definition of disability under Federal Law: • “A physical or mental impairment which substantially limits one or more major life activities”; or • A record of such an impairment; or • Being regarded as having such an impairment

35. Who is Disabled? • Physical or Mental impairments include, but are not limited to: • Visual, speech, mobility or hearing impairments • AIDS • Mental/Emotional illness • Drug addiction (other than addiction caused by current, illegal use of controlled substances) • Alcoholism

36. Who is Disabled under RCW 49.60? • Remember, under RCW 49.60, the definition of disability is much more broad than under the Fair Housing Act, and includes uncommon, temporary, and mitigated disabilities. • Medical professionals are responsible for a diagnosis, not housing providers or investigators.

37. COMMON DISABILITY ISSUES

38. Why Reasonable Accommodations and Modifications? Balancing the Scales People with disabilities may require special needs to ensure that they have equal access and equal opportunity to use and enjoy a dwelling and common/public use areas

39. Reasonable Modification A reasonable modification is a structural change that allows a person with a disability equal access and equal opportunity to use and enjoy a dwelling and common/public use areas. Reasonable modifications are usually made at the resident's expense.* *Exception: In Federally Funded housing facilities, the landlord would be responsible for the cost and the installation of the modifications, unless the modifications are unreasonable (Section 504) http://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf

40. ReasonableModificationExamples Ramps Grab Bars Roll In Shower

41. Reasonable Accommodation A reasonable accommodation is a change in rules, policies, practices, or services that allows a person with a disability equal access and equal opportunity to use and enjoy a dwelling and common/public use areas. http://www.hud.gov/offices/fheo/library/huddojstatement.pdf

42. Reasonable Accommodation Examples Reserved Parking Caregivers Assistance Animals

43. Assistance Animals An animal needed because of a person’s disability that allows that person to have equal access and equal opportunity to use and enjoy a dwelling and common/public use areas

44. Assistance Animals • The animal does not have to be limited to a dog • The animal does not have to be trained or certified under FHA* • Landlord cannot impose pet rules on assistance animals • No pet deposits • No weight, size or breed restrictions *WSHRC not currently investigating

45. Assistance Animals • A landlord may impose rules on assistance animals related to the health and safety of other tenants, such as: • Animal should not jump or bite at people • Animal’s waste must be picked up and removed • Tenant is responsible for any damage caused by animal

46. Assistance Animals • Assistance Animals are another form of Reasonable Accommodation under FHA • Property Insurance and Breed Restrictions are a problem that a rental manager or property owner may need to deal with • Rental history and/or animal control agency history can be screened • Follow local ordinances regarding animals

47. Reasonable Accommodations: A Landlord Can Ask… • A landlord CAN ask for verification that the person is disabled and needs the accommodation or modification because of the disability • This can be verified from a: • Doctor • Medical professional • Peer support group • Non-medical service agency • A reliable third party who is in a position to know about the individual's disability

48. A Landlord CANNOT ask… • What is the nature and severity of your disability? • Why do you need this accommodation or modification? • Do you take medication? • How severe is your disability? • Why are you getting SSI? • Can I see your medical records? • Have you ever been hospitalized?

49. When Must a Reasonable Accommodation Request Be Granted? • The person is disabled; • There is a nexus between the disability and the accommodation; and • It is reasonable.

50. Reasonable vs. Unreasonable?