Transcript Slide 1

Housing Discrimination and
Fair Housing Laws
Lael Robertson
Housing Discrimination Law Project
Legal Aid Society of Minneapolis
Fair Housing Laws
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Fair Housing Act (Title VIII of Civil Rights Act
of 1968), 42 U.S.C. 3601, et seq.
Minnesota Human Rights Act, 363A.01, et
seq.
Local City Ordinances
ADA, Title VI, Section 504 of the
Rehabilitation Act, and various discrimination
provisions in many other statutes
POP QUIZ!
Protected Classes
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Fair Housing Act
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Race
Religion
Sex
National Origin
Disability
Color
Familial Status
Protected Classes
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Race
Religion
Sex
National Origin
Disability
Color
Familial Status
Minnesota Human Rights Act Adds:
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Creed
Sexual Orientation
Marital Status
Public Assistance Status
Protected Classes
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Race
Religion
Sex
National Origin
Disability
Color
Familial Status
Creed
Sexual Orientation
Marital Status
Public Assistance Status
Minneapolis City Ordinance Adds:
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Ancestry
Protected Classes
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Race
Religion
Sex
National Origin
Disability
Color
Familial Status
Creed
Sexual Orientation
Marital Status
Public Assistance Status
Ancestry
St. Paul City Ordinance Adds:
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Age
Discriminatory Actions
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§3604
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(a) Refusal to Rent or Negotiate or “otherwise make
unavailable” (termination)
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(b) Different Terms, Conditions or Privileges
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“Because of”
(c) Advertising and Statements
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“Because of”
“because of” vs. “indicates” – no intent for
advertising/statements
(d) Unavailability - Steering
(e) “Blockbusting” – Inducement to Sell
Discriminatory Actions
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§3617
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Harassment – intimidate or threaten
Interference
Retaliation
For complaining OR assisting
Familial Status:
Protections for Families with Children
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Minor children in home
Typical Situations:
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Refusal to rent (if no exemption for Housing for
Older Persons)
Steering
Banning children from use of facilities
Some legal “no kids” units – HOPA
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Have to meet guidelines for HOPA buildings
Special MN Protections for
Families with Children
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If in a “legal” no kids unit and there is
pregnancy or adoption, landlord must:
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Give notice
MN Law - Give 6 or 12 month grace period before
ending lease.
Discrimination Based on Sex:
Sexual Harassment
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Illegal to treat people differently because of
their gender.
Quid Pro Quo
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sex for rent; touching for application
Hostile Environment
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Unwanted touching
Walking into apartment unannounced
Unwelcome personal comments and inquiries
Probably Not Discrimination
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Poor Customer Service/Bad Attitude (EOA)
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Refusal to rent because of bad rental history or
credit (if standards are same for all and businessrelated.)
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Eviction because of personality conflicts or neighbor
complaints (if standards are same for all)
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Refusal to rent without valid identification.
Reasonable Accommodations
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§3604(f)(3)(B) - Landlord is required to make change
in rules, policies, practices or services IF:
Accommodation is necessary to give disabled person equal
use and enjoyment of dwelling
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“Accommodation is necessary to give disabled
person equal use and enjoyment of dwelling”
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Must have a connection to the disability
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Example –
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Request for a designated parking space
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Disability –Paraplegic vs. Bipolar Disorder
“Accommodation is necessary to give disabled
person equal use and enjoyment of dwelling”
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Must Have Disability or “Handicap”:
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1. a physical or mental disability which “materially” (MN) or
“substantially” (US) limits a major life activity.
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2. a record or history of a disability which limits a major life
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3. is regarded as having a disability that limits a major life
activity. *
* New ADA AA states that those falling under #3 are NOT
entitled to reasonable accommodations
“and the change is not unreasonable”
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Accommodation is not reasonable if:
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It changes the nature of the business OR
It imposes high financial AND administrative burden
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(MN Cases – “OR”)
Examples of Accommodations
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Seeing eye dog OR companion animal in “no pet
building.”
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Forbearance of eviction after noise complaints.
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Alternative tenant screening and admission practices
(ex. - co-signer).
What is Unreasonable?
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Seeing eye dog – OK
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7 companion cats – probably not.
Companion horse?
Unreasonable?
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Assigned parking spot – OK
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Forbearance for noise – OK
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build carport – no.
illegal drug activity tolerance – no.
Late payment – maybe
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no payment – no.
Denial of Reasonable
Accommodation?
Violation of the FHA/MHRA!
Charging for RA?
NO!!!!!
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No pet deposit for assistance animal
No fee for designated parking space
Reasonable Modifications
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§3604(f)(3)(A) – Modifications at tenant’s
expense
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Grab bars in bathroom, ramp, lowering the
countertops
Federally funded housing – Landlord’s
expense
Post-1991 Accessible Design
Requirements
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Many multi-family buildings built after March 1991
must have basic accessibility features:
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accessible routes into and within units (no steps, etc.),
accessible common use areas
usable doors
usable kitchens, baths
baths with reinforced shower/tub/bath walls
proper level for switches, controls outlets, etc.
See www.fairhousingfirst.org
Investigation - Testing
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Discrimination Minnesota style:
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Bigotry with a smile
Secret Shoppers in Housing Market
Interested? Call Sonia: 612.977.1805
Enforcement
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Federal or State Court
Administrative Complaints
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Federal – Department of Housing and Urban
Development (HUD)
State – Minnesota Department of Human Rights
Complaint Process
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Probable Cause Determination
ALJ
Appeals to Court of Appeals
Remedies
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Damages
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Compensatory –
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Out of pocket
Lost housing opportunity
Emotional distress, humiliation
Punitive (Judicial)
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State Court – Capped at $25,000
Federal Court – No cap
Remedies
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Civil Penalty (Administrative)
Injunctive Relief
Monitoring
Alternatives to Complaints and
Court in Fair Housing Cases
Downside of “Going on the Attack”
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Landlord/Manager likely to get defensive
If client wants to continue to live there, may
make environment tense or impossible
May pass up an opportunity to educate the
management
Role of Advocate
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Recognize fair housing issues when they
come up
Identify client’s goals
Can client’s goals be achieved without formal
complaint filed?
Does potential FH violation come from
animus or ignorance?
Is the best option to work with management?
Contacts
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West Metro Area - HDLP: 612.334.5970
St. Cloud – Central MN HDLP: 888.360.3666
East & South Metro Area - HELP: 651.222.4731
Southern Minnesota - HELP: 888.575.2954
[email protected]
www.midmnlegal.org
When Justice Is Denied
Where Poverty Is Enforced
Where Ignorance Prevails and
Where Any One Class Is
Made To Feel That Society
Is in An Organized Conspiracy
To Oppress, Rob and Degrade Them,
Neither Persons Nor Property Will Be Safe.
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Frederick Douglass, 1886