Transcript Fair Housing Laws and Housing for Older Persons

Fair Housing Laws
Mawerdi Hamid
Housing Discrimination Law Project
Mid-Minnesota Legal Aid
Overview
A History
Fair Housing Basics
◦ Protected Classes
◦ Refusal to Rent and Negotiate
◦ Different Terms and Conditions
◦ Refusal to Grant Reasonable
Accommodations
 Questions?


little
Civil Rights Act – 1964
But . . . . .
Fair Housing Act - 1968
Generally Speaking . . .

Unlawful to take adverse action in housing
based on protected class status.
◦ Fair Housing Act – 42 U.S.C. 3601 et. seq.
◦ Minnesota Human Rights Act – Minn. Stat.
363A.01 et seq.
◦ Local Ordinances
Protected Class Status – Fair Housing Act
1. Race or color
 2. Religion
 3. Sex
 4. Familial Status
 5. National Origin
 6. Disability
42 U.S.C. §3604(a)

Minnesota Human Rights Act
Minn. Stat. §363A
Adds
 Marital status
 Status with regard to public assistance
 Sexual orientation
 Creed
Adverse Actions Include . . .
Refusal to Rent/Negotiate/Otherwise
Make Unavailable
 Different Terms and Conditions
 Refusal to Allow Reasonable
Accommodations
 Also:

◦ Discriminatory Statements/Advertising
◦ Blockbusting
◦ Discriminatory Transactions
Adverse Actions
Refusal to rent, negotiate or otherwise make
unavailable
Outright refusals are relatively rare

More common techniques:
◦ Burdensome application
process
◦ Delay
◦ Discouraging an applicant
◦ No return phone call
Otherwise make unavailable is broad and
can include:
steering
 redlining
 termination

Adverse Actions
Different terms, conditions, or privileges of sale or
rental of a dwelling, or in the provision of services or
facilities
Terms and Conditions
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Damage Deposit
Application Fees
Credit Checks
Late fees
Repair requests
Guests
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Rent Amounts
Appliances
Amenities
Fines
Closing costs
Discrimination based on Sex

Quid Pro Quo
◦ Sex or touching for rent
or application

Hostile Environment
◦ Unwanted touching
◦ Walking into apartment
unannounced
◦ Unwelcome personal
comments and inquiries
Protected or Not Protected?
Part I
Protected or Not Protected?
Victims of
Domestic
Violence
Protected Class Status
Race or color
 Religion
 Sex
 Familial Status
 National Origin
 Disability
 Marital status
Status with regard to public assistance
 Sexual orientation
 Creed
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Protected or Not Protected?
Applicant with a criminal
background
Protected Class Status
Race or color
 Religion
 Sex
 Familial Status
 National Origin
 Disability
 Marital status
Status with regard to public assistance
 Sexual orientation
 Creed
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Protected or Not Protected?
Resident who speaks Spanish
Protected Class Status
Race or color
 Religion
 Sex
 Familial Status
 National Origin
 Disability
 Marital status
Status with regard to public assistance
 Sexual orientation
 Creed

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Protected or Not Protected?
Resident with
Chemical
Dependency
Protected Class Status
Race or color
 Religion
 Sex
 Familial Status
 National Origin
 Disability
 Marital status
Status with regard to public assistance
 Sexual orientation
 Creed
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Reasonable Accommodations

Landlord is required to make
change in rules, policies,
practices or services IF:
◦ Accommodation may be necessary
to give disabled person equal use
and enjoyment of dwelling
AND
◦ The change is not unreasonable
Reasonable Accommodations –
4 Step Analysis

Must Have Disability

Accommodation may be necessary to use and
enjoyment of dwelling

Accommodation will help overcome effects of
disability (nexus)

Accommodation is reasonable
“Unreasonable” Requests
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Impose an undue financial and
administrative burden; OR
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Require a fundamental alteration in
the nature of the housing provider’s
operations
Protected or Not Protected?
Part II
Protected or Not Protected?
Resident with
a dog
Protected Class Status
Race or color
 Religion
 Sex
 Familial Status
 National Origin
 Disability
 Marital status
Status with regard to public assistance
 Sexual orientation
 Creed
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Protected or Not Protected?
Service Dogs
Protected or Not Protected?
Animals for Emotional
Support?
Dog Hypothetical
Apartment management has a “no pet”
policy
 A tenant asks for a reasonable
accommodation that his dog, Spot, be
allowed to move in.
 Tenant has a letter from a doctor stating
that the dog helps comfort client because
of his depression.
 Is this a reasonable accommodation?
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Reasonable Accommodations –
4 Step Analysis
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Must Have Disability

Accommodation may be necessary to use and
enjoyment of dwelling

Accommodation will help overcome effects of
disability (nexus)
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Accommodation is reasonable
Protected or Not Protected?
Resident with multiple dogs
Protected or Not Protected?
Other Animals?
Probably not Discrimination
Poor customer service/bad attitude
 Refusal to rent because of bad rental
history or credit (if standards are the
same for all)
 Eviction because of personality conflicts
or neighbor complaints
 Refusal to rent without valid
identification

Familial Status Discrimination
Refusal to rent,
steering, strict
occupancy limits, ban
from facilities,
segregation, limited to
lower floors, higher
security deposit
“Familial Status”
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Familial Status
◦ One or more individuals under the age of 18
being domiciled with a parent,
 A person having legal custody of such individuals, or
 The designee of such parent or legal custodian
◦ A person who is pregnant or who is about to
secure legal custody of someone under the
age of 18.
Special MN Protection
◦ If in a “legal” no kids unit and there is
pregnancy or adoption, during tenancy
landlord must:
 Allow 12 months until end of tenancy and
 Give 6 month written notice
◦ Note: may be different if city or state
occupancy code is violated
Familial Status Discrimination

Exemption for Housing with Older
Persons (HOPA)
◦ The FHA exempts HOPA from its
prohibitions against familial status
discrimination

Purpose: to insure that the FHA’s familial
status prohibition do not unfairly limit the
housing choice of older persons
Proving Discrimination

1. Disparate Treatment Cases
◦ Prima Facie Case of Discrimination
◦ Mixed Motive Cases

2. Disparate Impact Cases
◦ Discriminatory Effect
◦ Perpetuation of Segregation
◦ Standard: business necessity sufficiently
compelling to justify practice
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3. Testing
Enforcement
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1. Administrative Agency Complaint
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HUD, MDHR
P/c determination
Administrative Judge
Appeal to Court of Appeals
2. State/Federal Court Complaint
 3. Attorney General
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◦ Pattern of practice
Remedies
Actual Damages
 Compensatory Damages: lost housing
opportunity
 Emotional Distress: includes humiliation
 Punitive Damages: if intentional
 Civil Penalties
 Injunctive Relief
 Mentoring
 Fair Housing Training
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Questions?