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FIGHTING FOR FAIR HOUSING . THE DEPARTMENT’S NUMBER ONE PRIORITY. The Fair Housing Act. Prohibits discrimination in housing because of: race color national origin religion sex familial status handicap (disability). What Housing is Covered?. MOST HOUSING - REGARDLESS OF OWNERSHIP

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fighting for fair housing

FIGHTING FOR FAIR HOUSING

THE DEPARTMENT’S NUMBER ONE PRIORITY

the fair housing act
The Fair Housing Act

Prohibits discrimination in housing because of:

  • race
  • color
  • national origin
  • religion
  • sex
  • familial status
  • handicap (disability)
what housing is covered
What Housing is Covered?

MOST HOUSING -

REGARDLESS OF OWNERSHIP

Exceptions:

  • Owner-occupied with 4 or less units
  • Single-family sold/rented without broker
  • Housing operated by groups/clubs that limit occupancy to members
who is covered
WHO IS COVERED?
  • HOUSING PROVIDERS
  • PROPERTY MANAGEMENT COMPANIES
  • REAL ESTATE AGENTS
  • OWNERS
  • HOME OWNERS ASSOCIATIONS
  • LENDERS
  • APPRAISERS
  • INSURANCE COMPANIES
  • PUBLISHERS
  • ARCHITECTS AND BUILDERS
who is not covered
WHO IS NOT COVERED?
  • “FOR SALE BY OWNER”
    • SINGLE FAMILY HOMES SOLD OR RENTED BY OWNER WHO DOES NOT OWN MORE THAN 3 SINGLE FAMILY HOMES AT ONE TIME IF NO REAL ESTATE AGENT IS USED AND IF NO DISCRIMINATORY AD IS PUBLISHED
  • “MRS. MURPHY”
    • DWELLINGS WITH NO MORE THAN 4 UNITS IF THE OWNER RESIDES IN THE DWELLING
who is not covered1
WHO IS NOT COVERED?
  • HOUSING OWNED OR OPERATED BY RELIGIOUS ORGANIZATIONS FOR RELIGIOUS PURPOSES (BUT ONLY DISCRIMINATION ON THE BASIS OF RELIGION EXEMPT)
  • NON-COMMERCIAL HOUSING BY PRIVATE CLUBS
what fair housing covers
What Fair Housing Covers. . .
  • ALL aspects of the Sale & Rental of Housing
  • Mortgage Lending
  • Reasonable Accommodations

& Reasonable Modification

  • Design & New Construction
sale rental of housing
Refuse to rent, sell or negotiate for housing

Make housing unavailable or deny dwelling

Set different terms, conditions or privileges for the sale or rental of a unit

Deny housing is available for sale, rental, inspection

Blockbusting

Deny access to facility/service related to sale/rental of hsg

Coerce, intimidate or threaten any person exercising their rights

Sale & Rental of Housing
disability
“DISABILITY”
  • A PERSON WITH A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES;
  • A PERSON WITH A RECORD OF SUCH AN IMPAIRMENT
  • A PERSON WHO IS NOT DISABLED BUT IS REGARDED AS DISABLED
disability1
“DISABILITY”
  • CURRENT ILLEGAL USE OF CONTROLLED SUBSTANCES NOT PROTECTED
  • PROGRAM DEFINITION OF “DISABILITY” FOR ELIGIBILITY NOT NECESSARILY THE SAME
right to reasonable modifications
Right to Reasonable Modifications
  • Housing Provider must:
    • allow reasonable modifications to dwelling & common use areas (at the tenants expense) if necessary for the person with disabilities to use the housing
  • Housing Provider may:
    • require the tenant to pay into an escrow account the cost of restoring the unit to it’s condition prior to modification if the modification will interfere with the next tenants use and enjoyment of the premises
examples of reasonable modifications
Examples of Reasonable MODIFICATIONS:
  • Widening Doorways
  • Allowing a ramp to be built
  • Providing grab bars in the bathroom
  • Removing carpet from the floors of the apartment
  • Allowing a door bell flasher
right to reasonable accommodations
Right to Reasonable ACCOMMODATIONS
  • It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodation may be necessary to afford a person with disabilities equal opportunity to use and enjoy a dwelling unit or common area
examples of reasonable accommodations
Examples of Reasonable ACCOMMODATIONS:
  • Allowing service animal(s)
  • Assigning a parking space
  • Reading notices or providing notices in Braille, large print or audio tape
  • Provide the rental agreement, sales agreement and other notices in clear and simple terms
  • Provide a reminder at the beginning of the month that the rent is due, if requested
unlawful practices
UNLAWFUL PRACTICES
  • REFUSE TO PERMIT REASONABLE MODIFICATIONS FOR DISABLED PEOPLE
  • REFUSE TO MAKE REASONABLE ACCOMMODATIONS FOR DISABLED PEOPLE
  • FAIL TO DESIGN AND CONSTRUCT ACCESSIBLE/ADAPTABLE HOUSING
fair housing act design and construction requirements
FAIR HOUSING ACT DESIGN AND CONSTRUCTION REQUIREMENTS
  • COVERS residential multifamily dwellings for first occupancy

after March 13, 1991

(multi-family buildings with 4 or more units)

includes
INCLUDES:
  • Condos
  • Garden apartments
  • Vacation timeshares
  • Dormitories
  • Homeless shelters
requires
REQUIRES
  • ALL units in buildings with an elevator must be accessible
  • ALL ground-floor units (including ground-floor at different levels in the same building) in buildings without an elevator must be accessible
seven technical requirements
SEVEN Technical Requirements
  • Accessible Entrance on an Accessible Route
    • All entrances typically used by residents for entering the building must be accessible
    • route leading to mail boxes, public transportation, laundry room, recreational facilities
seven technical requirements1
SEVEN Technical Requirements
  • Accessible Public and Common-Use Areas
    • Parking areas, curb cuts, lobbies lounges, halls and corridors, elevators, public use restrooms, rental or sales office
    • drinking fountains/water coolers, mailboxes, laundry rooms, community and exercise rooms, swimming pools, playgrounds, recreation facilities, nature trails
seven technical requirements2
SEVEN Technical Requirements
  • Usable Doors
    • doors leading into an individual dwelling unit and ALL doors within the dwelling unit itself must have a 32” clear opening
    • All types of doors are covered - - hinged, sliding and folding
seven technical requirements3
SEVEN Technical Requirements
  • Accessible Routes Into and Through Dwelling Unit
    • Thresholds of unit’s exterior doors may not exceed 3/4”
    • Single-story units, changes in height of 1/4” to 1/2” must be beveled. Those greater than 1/2” must be ramped or have other access
    • Minimum clear width for accessible route inside unit is 36”
seven technical requirements4
SEVEN Technical Requirements
  • Accessible Light Switches, Electrical Outlets, and Environmental Controls
    • Operable parts of controls must be no lower than 15” and no higher than 48”
seven technical requirements5
SEVEN Technical Requirements
  • Reinforced Walls in Bathroom
    • Walls in bathroomsmust be reinforced so that grab bars near the toilet, tub, shower and shower seat, can be added at minimal expense
seven technical requirements6
SEVEN Technical Requirements
  • Usable Kitchens and Bathrooms
    • Minimum of 40” of clear floor space is required in kitchens to allow a person in a wheelchair to maneuver between opposing base cabinets, countertops, appliances, or walls
    • U-shaped design requires a minimum of 5’in diameter clear space, or removable cabinets at the base of the “U”
usable kitchens and bathrooms
Usable Kitchens and Bathrooms
  • Appliances must be located so they can be used by a person in a wheelchair. A 30” x 48” clear floor space is required for a parallel or forward approach
  • Adequate maneuvering space is required in bathrooms so that a person in a wheelchair can easily enter, close the door, use the facilities and fixtures, and exit
complaint process

Complaint Process

Complaint must be filed within 1 year of the date of the alleged violation

Must allege a violation that is prohibited under the fair housing act

Must have standing to file; be or about to be subjected to a discriminatory practice prohibited by the fair housing act.

penalties
PENALTIES:
  • Provides for the Administrative Law Judge (ALJ) to hear case
    • Finding by the ALJ of discriminatory housing practice can include penalties of fines from $16,000 to $60,000
  • HUD, represented by DOJ, will bring a civil action on behalf of the aggrieved person if an election of Federal Court is made
questions
QUESTIONS???
  • HUD has a toll-free telephone number; 1-800-440-8091; TTY (404) 730-2654
  • HUD forms and Handbooks;
  • E-mail: Complaints_office0@hud.gov
complaint processing partners
COMPLAINT PROCESSING PARTNERS:
  • Hillsborough County Office of Equal Opportunity Administrator 813-276-2738
  • Tampa Office of Human Rights 813-274-5835
  • Pinellas County Office of Human Rights 727-464-4880
  • Bay Area Legal Services 813-634-6044