Transcript Protecting the Fair Housing Rights of Tenants with Mental

Protecting the Fair Housing
Rights of Tenants with Mental
Health Disabilities in California
Learning Objectives
1. Explore impact of stigma & discrimination on
people with mental health disabilities.
2. Better understand laws that protect people with
mental health disabilities from housing
discrimination.
3. Develop strategies for complying with fair
housing requirements.
Overview of Training Agenda
1.
2.
3.
4.
5.
Introduction
Stereotypes, Stigma & Discrimination
State & Federal Fair Housing Laws
Step in Analyzing a Fair housing Issue
Strategies for Complying with Fair Housing
Requirements
Feel free to ask questions at any time!
DRC SDR Project Goals
Reduce stigma & discrimination by
- Increasing awareness of laws, policies &
practices that address discrimination &
support mental health services in nontraditional settings through provision of
culturally-relevant and age appropriate
training & materials for people with
disabilities, their families, providers, and the
general population.
DRC SDR Project Goals
- Identifying laws that contribute to stigma and
discrimination & writing policy papers that
recommend needed policy changes to reduce
or eliminate stigma & discrimination.
Stigma & Discrimination
What is Stigma?
Attitudes and beliefs, based on
stereotypes, that lead people to
reject, avoid, or fear those they
perceive as being different
Types of Stigma
1. Public Stigma
2. Institutional Stigma
3. Self Stigma
Self Stigma
- Self stigma is when a person with a
disability accepts the attitudes of society
or of the medical community.
- Self stigma is rarely discussed, and can
lead to hopelessness and helplessness.
What are Stereotypes?
Exaggerations or untruths about
people with mental health
disabilities.
Examples of Stereotypes
Misconceptions that people with mental health
disabilities:
- Tend to be violent,
- Will not get better,
- Are unable to care for themselves, or
- Are not intelligent
These stereotypes can affect the ability of people
with mental health disabilities to obtain housing.
What is Discrimination?
- Discrimination occurs when people act on
stigma in ways that deprive others of their
rights and life opportunities.
- Discrimination and stigma are based on
the stereotypes that drive a wedge
between “us” and “them.”
Importance of Housing for
People with Mental Health
Disabilities
Like everyone else, people with mental
health disabilities need a safe place to live.
Lack of safe housing can make it hard to
deal with the issues concerning mental
health and potential wellness.
Legal Framework
and
Advocacy Strategies
Overview of State and Federal
Fair Housing Laws
Federal Fair Housing Laws
-
Fair Housing Amendments Act
Americans with Disabilities Act (Titles II & III)
Rehabilitation Act, Section 504
HUD Housing Choice Voucher (Section 8)
Program - Reasonable Accommodations
Provisions
California Fair Housing Laws
-
Fair Employment & Housing Act
Unruh Civil Rights Act
Disabled Persons Act
State Zoning Laws
Steps in Analyzing a
Fair Housing Issue
1. Is the tenant covered under fair housing laws?
2. Is the housing covered under fair housing
laws?
3. Is this special housing covered under other
laws (e.g. HUD Housing Choice Voucher
Program/Section 8)?
4. Does the conduct in question constitute
unlawful discrimination?
Steps in Analyzing a
Fair Housing Issue (Cont.)
5. Is the tenant requesting a reasonable
accommodation?
6. Is the tenant requesting a reasonable
modification?
7. Does the tenant pose a substantial threat to the
safety or property of others?
8. Does the tenant otherwise meet the
requirements of the tenancy?
9. Did the problem occur within the past one or
two years?
Step 1: Is the Tenant Covered?
Fair Housing Act protects these buyers
and renters against discrimination on
the basis of “handicap:”
-
Renters, buyers & applicants
People living with renters, buyers & applicants.
People “associated” with renters, buyers &
applicants (family members, attendants, etc.)
“Handicap”
Under the Fair Housing Act, “handicap” means:
1. A physical or mental impairment which substantially limits
one or more major life activities;
2. A record of such an impairment; or
3. Being regarded as having such an impairment.
24 CFR §100.201
(Cont.)
Illegal Drug Use is Not a
“Handicap
“Handicap” does not include
current, illegal use of or addiction
to a controlled substance.
24 CFR §100.201
Step 2: Is the Housing Covered?
Fair housing laws cover a wide range of
housing providers and transactions, e.g.:
-
Landlords
Real estate brokers and realtors
Rentals
Sales
Zoning & land use decisions
Advertising
(Cont.)
Step 3: Is this Special
Housing?
Check for special rules that apply to
particular types of housing, in addition to
fair housing laws, e.g.:
-
Supportive Housing
Subsidized Housing
Housing Choice Voucher/Section 8 Housing
Group Homes
Housing for Older Adults
Special Considerations for
Supportive Housing
- Funding restrictions on target
populations
- Zoning restrictions
- Neighborhood opposition
- Housing linked to acceptance of
services or other requirements
Step 4: Is there Discriminatory
Conduct?
Unlawful to discriminate in:
- Sale or Rental;
- Terms, conditions or privileges of sale or
rental;
- Provision of services or facilities in connection
with sale or rental;
- Otherwise making unavailable or denying a
dwelling
42 USC §§3601, 3604
24 CFR §§100.202
Examples of Discriminatory
Practices
- Refusal to rent, sell or lend
- Different terms or conditions
- Discriminatory statements
- Lying
- Steering
- Harassment
- Retaliation
- Refusing to make reasonable accommodations
- Refusing to make reasonable modifications
- Inquiring about a person’s disability
24 CFR §§100.50, 100.202
Inquiries about Applicant’s
Disability
Unlawful to inquire about the disability of a housing
applicant, or anyone associated with, except as
necessary to determine:
-
Ability to meet requirements of ownership or tenancy;
Qualification for disabled-only housing;
Qualification for disability-priority housing;
Current illegal use of controlled substance; or
Conviction for illegal manufacture or distribution of controlled
substance
24 CFR §100.202
To Discuss
1. Why might a housing provider want to ask a
(potential) tenant questions about her
disability?
2. Why might a (potential) tenant not want to
answer those questions?
Step 5: Is the Tenant Requesting
a Reasonable Accommodation?
Housing providers must make reasonable
changes to their rules, policies, practices
or services when necessary to afford a
person with a disability an equal
opportunity to use and enjoy the dwelling.
24 CFR §100.204
Examples of Reasonable
Accommodations for Tenants with
Mental Health Disabilities:
-
-
Waiving a no-pets rule for a companion animal;
Permitting an applicant or tenant who was recently
hospitalized to use a co-signer on a lease in place of a
recent rental history;
Providing an apartment in a quiet location in the building
A reasonable accommodation can be requested at any
time, from application through eviction.
The Reasonable
Accommodations DANCE
D: The tenant must have a disability covered by fair
housing laws.
A: The tenant must request the accommodation – no
“magic words” are necessary.
N: The accommodation must be necessary for the tenant –
there must be a nexus between the disability and the
accommodations
C: The cost of the accommodation cannot impose an
undue burden on the landlord
E: The effect of the accommodation cannot be a
fundamental change to the housing provided
Cost & Interactive Process
- Landlords bear the cost of reasonable
accommodations.
- Landlords should engage in an “interactive
process” with a tenant who request an
accommodation, even if the landlord thinks the
tenant is dangerous.
Examples:
Undue Burden & Fundamental
Alteration
- Asking a landlord to hire an outside party to
mediate disputes with the landlord;
- Asking a landlord to provide attendant care to
a tenant with a disability;
- Asking a landlord to wait for rent to be paid
every other month.
Step 6: Is the Tenant Requesting
a Reasonable Modification?
Housing providers must allow tenants with
disabilities to make reasonable changes to
the physical premises if necessary to allow
them to use and enjoy the premises.
24 CFR §100.203)
Examples of Reasonable
Modifications for Tenants with
Mental Health Disabilities
- Allowing a tenant to install soundproofing if
noise exacerbates his disability, or if the
disability causes the tenant to make noise
- Allowing a tenant to install blinds or drapes if
her disability makes her sensitive to light
More on Reasonable
Modifications
-
Tenant pays for modifications
Interior, exterior or common areas
Workmanlike manner with necessary permits
Requested at any time, from application
through eviction
- Detailed request in writing
- Restoration to original condition
- Escrow account
Step 7: Is the Tenant a Direct
Threat?
Tenants are not protected if they pose a direct
threat to others or substantial damage to others’
property, unless a reasonable accommodation
would alleviate the threat.
Example of accommodation:
Working with tenant’s choice of a third party
to resolve disputes
Step 8: Does the Tenant Otherwise Meet
the Requirements of the Tenancy?
Fair housing laws do not affect a tenant’s
obligation to pay rent, provide quiet
enjoyment, and otherwise comply with the
requirements of the tenancy.
But landlords may be required to provide
reasonable accommodations to allow a
tenant to meet these requirements.
Step 9: Did the problem occur within
the past one or two years?
Fair housing laws have statutes of
limitations and filing deadlines. See
comparison chart.
Hypothetical #1
- Mr. A has been hospitalized for bipolar disorder four times in
the past two years.
- Before he was diagnosed and hospitalized, he was evicted
from Shady Grove apartments for playing loud music in the
middle of the night.
- In between hospitalizations, he has lived with friends or in
homeless shelters.
- He has been out of the hospital for six months now, and has
adopted a poodle who helps keep him relaxed and calm.
- He has applied for an apartment at Sunny Skies Village,
requesting a waiver of the no-pets policy for his emotional
support dog.
- Where the application asks for a reference from his previous
landlord, Mr. A has written “Not Available.”
Hypothetical #2
- You are the property manager of Palo Verde Estates.
- Ms. B has been your tenant for nine months.
- Over the past three months, neighbors have complained
that Ms. B has been waking up at around 5:00am,
leaning out her window, and screaming obscenities into
the courtyard.
- When you witnessed a neighbor attempting to confront
Ms. B about this behavior, you saw Ms. B yell in her
face, push her, and then walk away mumbling things that
did not seem to make sense.
- Several neighbors have asked you to evict Ms. B on the
basis that she is a nuisance and a threat to the
community
Strategies for Complying with
Fair Housing Requirements
-
Be receptive to input from consumers &
advocates.
- Tap into community resources.
-
Collaborate with Consumer & Advocacy
Groups
Participate in Coalitions
-
Example: Room & Board Coalitions
To Discuss
1. Can you think of other strategies to help
you comply with fair housing
requirements?
2. Which of these strategies will be most
helpful to you, and how?
Resources
California Department of Justice
Legal Rights of Persons with Disabilities (2003)
http://www.ag.ca.gov/consumers/pdf/disabled.pdf
U.S. Department of Justice & U.S. Department of Housing & Urban Development
Joint Statement of the Department of Housing and Urban Development and the
Department of Justice: Reasonable Accommodations under the Fair Housing Act
(2004)
http://www.hud.gov/offices/fheo/library/huddojstatement.pdf
Joint Statement of the Department of Housing and Urban Development and the
Department of Justice: Reasonable Modifications under the Fair Housing Act
(2008)
http://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf
Resources, Cont.
Disability Rights California
Housing Discrimination Fact Sheets (2012)
http://www.disabilityrightsca.org/CalMHSA/CalMHSAfactsheets.html
Topics include: Stigma, Stereotypes, Discrimination; Reasonable
Accommodations; Reasonable Modifications; Service & Emotional
Support Animals; Supportive Housing
Psychiatric Service and Emotional Support Animals (2009)
http://www.disabilityrightsca.org/issues/mentalhealth_pubs.html
Funding Housing Modifications (2006)
http://www.disabilityrightsca.org/issues/housing_pubs.html
Reasonable Accommodations Under Section 8 (2006),
http://www.disabilityrightsca.org/issues/housing_pubs.html
Resources, Cont.
Judge David L. Bazelon Center for Mental Health Law
Fair Housing Information Sheets
http://www.bazelon.org/issues/housing/index.htm
Topics include: Stigma, Stereotypes, Discrimination; Reasonable
Accommodations; Reasonable Modifications; Service &
Emotional Support Animals; Supportive Housing
What Fair Housing Means for People with Disabilities (2011)
http://www.bazelon.org/issues/housing/publications/wfhm.pdf
Disability Rights California is
funded by a variety of sources, for a
complete list of funders, go to
http://www.disabilityrightsca.org/
Documents/ListofGrantsAndContracts.html.
CalMHSA
The California Mental Health Services Authority
(CalMHSA) is an organization of county governments
working to improve mental health outcomes for
individuals, families and communities. Prevention and
Early Intervention programs implemented by CalMHSA
are funded by counties through the voter-approved
Mental Health Services Act (Prop 63). Prop. 63
provides the funding and framework needed to expand
mental health services to previously underserved
populations and all of California’s diverse
communities.