Transcript FAIR HOUSING For tenants with disabilities

FAIR HOUSING
FOR TENANTS WITH DISABILTIES
UNDERSTANDING REASONABLE ACCOMMODATIONS
AND REASONABLE MODIFICATIONS
Ann-Marie Dooley
Staff Attorney
Legal Aid of North Carolina, Inc.
A BRIEF HISTORY…
 Fair Housing Act was originally enacted as Title
VIII of the Civil Rights Act of 1968

Prohibited discrimination based on race, color, religion and
national origin
 Section 504 of the Rehabilitation Act
 Prohibited discrimination based on disability in programs
receiving federal $$$
 Fair Housing Amendments Act of 1988
 Extended protection of the FHA to persons with disabilities
 Americans with Disabilities Act of 1990
 Prohibited
discrimination based on disability in
government-funded programs and public accommodations
FEDERAL AND STATE LAWS
 Fair Housing Amendments Act of
1988
 Section 504 of the Rehabilitation
Act of 1973
 Title II of the Americans with
Disabilities Act of 1990
 North Carolina Fair Housing Act
WHAT IS REQUIRED UNDER
FEDERAL AND STATE LAWS
 No discrimination against persons with
disabilities in the terms, conditions, or
privileges or rental of dwelling
 Reasonable Accommodations –
administrative change that removes
barriers to equal access
 Reasonable Modifications – physical
change that removes barriers to equal
access
FORMS OF ILLEGAL DISCRIMINATION
 Intentional Discrimination
 Disparate Impact (harsher effect)
 Failure to Provide Reasonable
Accommodations
 Failure to Allow Reasonable Modifications
 Failure to Design and Construct Accessible
Housing
WHO IS PROTECTED?
CIVIL RIGHTS DEFINITION
Persons who:
1. have a physical or mental impairment
substantially limiting one or more major
life activities;
2. have a history of such a physical or
mental impairment; or
3. are regarded as having such an
impairment
EXAMPLES OF DISABILITIES
 Visual Disabilities
 Auditory Disabilities
 Mobility Disabilities
 Aids & HIV +
 Alcoholism
 Past Substance Abuse
 Temporary Disability (accident or injury)
WHO IS NOT PROTECTED?
1. Persons currently engaged in illegal
drug use.
2. Persons
whose
tenancy
would
constitute a “direct threat” to the
health and safety of other individuals.
3. Persons whose tenancy would cause
substantial physical damage to the
property of others.
WHAT ABOUT PAST ILLEGAL
DRUG ADDICTION AND
ALCOHOLISM?
 Persons with a history of illegal drug
addiction, but not currently using are
protected
 Fair Housing protections include
alcoholism, but exclude anyone who
would pose a direct threat to health or
safety of others, unless a reasonable
accommodation could eliminate the threat
REASONABLE
ACCOMMODATION
The Duty:
A
housing provider must make reasonable
accommodations in rules, policies,
practices or services, when such
accommodations may be necessary to
afford a person with a disability equal
opportunity to use and enjoy a dwelling
In order to get a change in a rule, policy,
practice or service, the tenant must request it!
MAKING THE REQUEST FOR A
REASONABLE ACCOMMODATION
 Recommended that the request be made
in writing
 If the disability is not apparent, the
landlord may ask for verification
 There must be a nexus between the
disability and the requested
accommodation
 The request must be reasonable*
WHEN ACCOMMODATIONS
MUST BE PROVIDED
 A landlord must provide a requested
accommodation unless the landlord can show that
doing so will:
 Impose an “undue burden” or
 Result in a “fundamental alteration” in the service
provided by the landlord.
 The need for an accommodation may arise at
anytime
 When applying
 During the tenancy
 To avoid an eviction
REASONABLE MODIFICATIONS
The Duty:

A housing provider must permit, at the
expense of the person with a disability,
reasonable modifications of existing premises
occupied by such person, if the modifications
are necessary to allow the person full
enjoyment of the premises

If the housing is federally funded, it is the
owner’s responsibility to pay for reasonable
modifications (Section 504 of the
Rehabilitation Act of 1973).
REASONABLE MODIFICATIONS
Landlords may require the tenant to
return the dwelling to its original
condition,
BUT only if the
modifications will interfere with the
next tenant’s use and enjoyment of the
premises
LANDLORD HAS THE RIGHT
TO ...
 Condition permission for the modification
based on assurance that the work will be
done properly
 Ask the tenant to obtain any necessary
building permits
 Ask the tenant to set aside a reasonable
amount of money over a reasonable time in
an interest bearing escrow account to pay for
restoration
EXAMPLES OF FEDERALLY
FUNDED HOUSING
 HOME
 Community Development Block Grants
 Section 202 and 811 Supportive Housing for
Elderly or Persons with Disabilities
 McKinney-Vento Supportive Housing
(permanent or transitional)
 USDA Rural Development Section 514, 515 &
538
 Public Housing Authorities
 Project-based Section 8
FEDERAL PROGRAMS THAT
DO NOT TRIGGER SECTION
504
 Low-Income Housing Tax Credits
 Tax Exempt Bonds
 No federal funding involved except Housing
Choice Vouchers or Shelter Plus Care
assistance
THE APPLICATION PROCESS
 Landlords may not reject a prospective
tenant’s application because of his or
her disability or factors relating to the
disability
 Landlords may not use stereotypes to
reject an applicant
APPLICATIONS - continued
PROHIBITTED QUESTIONS:
 Landlords may not ask an applicant if she has
a disability
 Landlords
may not ask for general
information about an applicant that relates to
disability

E.g. questions about whether an applicant can live
independently or evacuate safely, etc. are prohibited
APPLICATIONS - continued
A landlord may ask questions that show a tenant is able
to meet the same obligations as any other tenant - as
long as she asks these questions of all prospective
tenants
Examples:
 financial information to show that whether a tenant can
pay rent
 references for tenant history (cleanliness and damage to
apartment beyond normal wear & tear
 whether a tenant will comply with the building’s rules
ADMISSIONS EXAMPLES
 Mary had a serious illness that interrupted her
working life and resulted in bankruptcy
 John had an untreated mental illness that created a
period of uncontrolled spending, causing him to
default on loans, pay bills late and hurt his credit
history
 Susan, who was in recovery from addiction to illegal
drugs, was convicted in the past on drug charges
 Sam had an untreated mental illness that resulted in
homelessness and convictions for trespassing,
vagrancy and assault
LEASE VIOLATION EXAMPLES
 A tenant with hearing impairment plays his
TV and music too loud causing other tenants
to complain (a device is available to assist the
tenant in keeping the volume down)
 A tenant with a mental disability yells at
other tenants during delusional periods,
(treatment and medication will relieve the
behavior)
ENFORCEMENT
STATE AND FEDERAL LAWS
 File
an administrative complaint
with HUD or NC Human Relations
Commission
 File a civil action in state or federal
court
 Raising the issue as a defense or
counterclaim (e.g. summary
ejectment)
CONSEQUENCES FOR VIOLATIONS
OF FAIR HOUSING LAWS
 Actual damages, including pain and
suffering;
 Injunctive relief;
 Civil penalties of $10,000 for the first
offense; and
 Punitive damages
Low-Income Housing Tax Credit projects can have
their tax credits recaptured by the IRS
APPENDICES
 Appendix A:
Sample Notice of Right to
Reasonable Accommodation
 Appendix B:
Sample Request and Response
 Appendix C:
Housing Resource Guide
 Appendix D:
Telecommunications Relay
Forms
Service
RESOURCES
*
Local office of Legal Aid of North Carolina, Inc.
*
Local Human Relations Commission
*
NC Human Relations Commission
*
NC Fair Housing Center
*
NC Justice Center
QUESTIONS
Ann-Marie Dooley, Staff Attorney
Legal Aid of North Carolina, Inc.
Post Office Box 3467
Greensboro, NC 27402-3467
(336) 272-0148