Transcript State of Indiana Civil Rights Commission FAIR HOUSING Commission Created • 1961-Fair Employment Practice Commission • Limited to employment matters • No enforcement ability.

State of Indiana
Civil Rights Commission
FAIR HOUSING
Commission Created
• 1961-Fair Employment Practice Commission
• Limited to employment matters
• No enforcement ability
Commission Expanded
• Areas and groups
• 1963- Act became law
• Named changed to the:
Indiana Civil Rights Commission
• Enforcement powers: Employment, Education
and Public Accommodation
• 1965-Housing added (enforcement area)
• 1971- Gender added (protected class)
Commission Expanded
• 1974- Credit (enforcement area)
• 1975- Disability (protected class)
• 1991- Housing enforcement changed to
comply with the Federal Fair Housing Act
– Coverage added for families with children under the
age of 18
– Victims of housing discrimination given right elect
agency or judicial enforcement of claims
What is Fair Housing?
Fair Housing is based on the premise that
housing should be a free choice.
Indiana Civil Rights Law
• Indiana Code 22-9-1
• States that it is the public policy of the State to
provide citizens equal opportunity in the
purchase or rental of a property.
Indiana Civil Rights Law
• All properties covered:
– Commercial and residential property
– Regardless of number of units owned
– Includes all protected classes except familial
status
Indiana Fair Housing Act
• Passed by the Indiana General Assembly in
1991
• Prohibits illegal housing discrimination against
seven protected classes
• Applies to virtually every area of a housing
transaction
• Applies to both privately and publicly owned
housing
State of Indiana
Civil Rights Commission
FAIR HOUSING ACT
OVERVIEW
Protected Classes
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Race
Color
Sex
Religion
National Origin
Disability
Familial Status
Protected Classes
• Disability
– Physical or mental impairment which
substantially limits one or more of a person’s
major life activities
– Has a record of such impairment
– Regarded as having such an impairment
Protected Classes
• Familial Status
– Children under the age of 18 living with a
person (adopted, natural, foster, pregnant, or
in the process of adopting or attaining
custody)
Dwellings
• ALL DWELLINGS ARE COVERED
– Any building or structure intended for
occupancy by one or more families.
– Also includes vacant land intended for
housing
Types of Dwellings
Single family dwellings
Multiple family dwellings
Vacant land intended for housing
Exemptions
• The owner owns fewer than four (4) singlefamily houses at one time
• The house was sold or rented without the use
of real estate services or prohibited advertising
– Applies to only one (1) sale or rental within
24 months, if owner was not most recent
resident
Exemptions
• Dwelling containing living quarters for no more
than four (4) families living independently
• Owner maintains and occupies one of the living
quarters as a residence
Exemptions
• Religious organizations may limit sale or rental
to same religion
– Non-commercial transaction ONLY
– May not exclude based on race, color or
national origin
Exemptions
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Strictly reserved for members of a private club
Incident to club’s primary purpose
Non-commercial transaction
May not exclude based on race, color, national
origin
Exemptions
• Housing for older persons may exclude
families with children
– Housing which is intended for and solely occupied
by persons 62 years and older
– Housing which is intended for persons 55 and older
which is 80% occupied by at least one person age
55 or older
Who Can File?
• Any aggrieved party can file a complaint
– An aggrieved party is anyone who can show
that they have been injured by a
discriminatory housing practice.
• May include:
– Fair Housing organizations
– Testers
Examples
• White tenants in a building that excluded
minorities were aggrieved on the ground that
the management of the housing project
affected the very quality of their daily lives.
Examples
• A non-live-in boyfriend was held to have
standing pursuant to the Act because as a
minority he was forced to discontinue his visits
to his girlfriend’s home.
Prohibited Activity
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Refusal to rent/sell
Misrepresenting availability
Refusal to negotiate with a person
Imposing different terms and/or conditions
Prohibited Activity
• Steering
– Discouraging/encouraging prospective home
buyers or tenants from selecting property
because of the racial or ethnic composition
of the neighborhood
• Blockbusting
– Pressuring individuals to sell their homes
because members of a protected class are
moving in to their neighborhood
Prohibited Activity
• Redlining
– Denying or imposing different terms on
mortgage loans or insurance coverage
because of the ethnic make-up of the
neighborhood in which the property is
located.
• Unreasonable Occupancy Limitations
– Must be made upon reasonable spatial
considerations as opposed to number of
children
Prohibited Activity
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Discriminatory Advertising
Intimidation and/or interference
Financing Discrimination
Refusal to permit reasonable accommodations
or modifications for persons with disabilities
Prohibited Activity
• Accommodations
– Landlord must allow relaxation of rules,
policies and procedures if necessary to allow
enjoyment of the dwelling
Prohibited Activity
• Modifications
– Landlord must allow reasonable
modifications to structure of the unit if
necessary to allow enjoyment of dwelling:
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Widening doorway
Installing ramps
Installing grab bars
Lowering countertops
Removing carpets
Landlord has the right to:
• Review plans for modification
• In some instances, require that the unit be
returned to previous condition
• Require the person doing work to be licensed,
insured and/or bonded
• Tenant responsible for cost of modifications
(except in common areas)
Landlord has the right to:
• Landlord may request verification of necessity
for requested accommodations or modification
• Landlord may not request information on
tenants medical condition
• Need not be made if causes undue burden or
fundamental alteration
New Multi-Family Dwellings
• Applies to those built after March 13, 1991
• Requirements
– Non-elevator buildings must have accessible first
floor units and elevator buildings must have all
accessible units
– Accessible means:
• Accessible kitchens and baths
• Reinforced walls in showers and bathtubs
• Accessible climate controls, switches and outlets
State of Indiana
Civil Rights Commission
ADVERTISING
Prohibited Advertising
IC 22-9.5-5-2
It is unlawful to make, print, or publish, or cause to be
made, printed, or published, any notice, statement, or
advertisement, with respect to the sale or rental of a
dwelling, that indicates any preference, limitation, or
discrimination because of race, color, religion, sex,
handicap, familial status, or national origin, or an
intention to make any such preference, limitation or
discrimination.”
Explicit Preferences
• Words indicative of race, color, national origin,
religion, sex, disability or familial status.
– Examples: Oriental, White, Christian, Hispanic,
Handicapped, Adults, etc.
Selective Advertising
• Placing ads in only specific locations based on
a protected class
• May be permitted for:
– Economic reasons
– Affirmatively furthering fair housing
Selective Images
• Preference indicated by use of models
in advertising
• All one race or adults
• Different models for different
neighborhoods
• Try to represent minorities, disabled
and families with children
Selective Images
Directions or References
• Use of racial or religious landmarks in giving
directions to the property
• Advertising that references facilities associated
with a particular race, religion, sex, etc.
• May not be intentional, but could be perceived
as preferential
Steering
• Recommending a particular neighborhood
based on racial make-up
• Race should not be considered in the
determination of what properties to show a
client, even if the client requests
• While some clients may prefer to live in a
racially homogenous neighborhood, the
realtor may not facilitate this preference.
Sexual Harassment
• Co-workers (Civil Rights Law)
– Employer may be liable if knowledgeable
– Employer must take corrective action
– May be personally liable for civil damages
• Tenants (Fair Housing Act)
– Employee AND employer could be liable
Sexual Harassment
• Co-workers
– Victim must inform management
– Employer may be liable if no action is
taken to end harassment
– Harassment can create “hostile work
environment” causing victim to resign
– “Severe and pervasive”
Sexual Harassment
• Tenants
– Quid pro quo: this for that
– Unwelcome comments which create
“hostile environment”
– Tenant must inform management
– Management must take action
Fair Housing Enforcement
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Complaint Intake
Determination of Jurisdiction
Testing
Investigative Allegations
Attempt Voluntary Settlement
Prompt Judicial Action
Findings
Determining Jurisdiction
• Is a right to housing impacted?
• Did the incident occur in Indiana or is the
property located in Indiana?
• Do any exemptions apply?
– Fewer than four (4) units/properties
– Religious organization
– Private club
• Filed within one (1) year under the Indiana Fair
Housing Act (IFHA).
• 180 days under Indiana Civil Rights Law.
Testing
• Trained testers pose as prospective
tenants/buyers
• Testers are trained by the ICRC
• ICRC personnel oversee actual tests
• Testers are unaware of reason for test
• Testing is valid evidence in court
• Tests reveal discrimination
• Tests reveal unfounded complaints
Investigations
• Gather documentary evidence
• Interview witnesses
• Conduct an on-site inspection
ADR
• Alternative Dispute Resolution (ADR)
– Simultaneous with investigation
– In-house ADR facilitators
– Opportunity for parties to maintain some control
over outcome
– Evidence obtained during ADR proceeding is not
available as evidence in investigation
– Unique settlements may be drafted
Findings
• No Reasonable Cause
– Appeal within 15 days to ICRC sevenmember commission
– Reverse, sustain or remand for further
investigation
• Reasonable Cause
– Either party may elect to go to State Court
– If neither party elects, Commission will
schedule an administrative hearing
Civil Penalties
• Up to $11,000.00—1st offense
• Up to $32,500.00—2nd offense within five (5)
years
• Up to $60,000.00—3rd offense within 7 years
• Suspension of Professional License
Situation #1
• A tenant has a mental illness that causes
hallucinations. At times the tenant hits the
walls of the apartment. The Landlord wants
to evict the tenant because the other renters
are being disrupted and the tenant’s
apartment is being damaged.
What recourse does the landlord have?
What if illegal drugs or alcohol cause the
hallucinations?
Situation #2
• A tenant has an illness that requires a home
health care aide who treats the tenant, in
home, on a daily basis. The tenant lives in a
mobile home park and the owner wants to
charge a visitor fee and additional parking
fee for the health aide. The tenant has asked
for a waiver of the fee.
Is the park owner required to waive the fee?
Situation #3
• A tenant has multiple sclerosis but is able to
use a car. The tenant lives in a condominium
that assigns parking on a first come first
served basis. Tenant has requested a parking
spot close to her housing unit, but the closest
spot available is a block away from the
tenants home. The condo association has
refused to give the tenant a closer parking
spot.
Have the tenant’s rights been violated?
Situation #4
• A tenant has applied to lease an apartment,
using Social Security benefits as the sole listed
source of income. The landlord refused the
application and tells the tenant the he prefers
tenants with jobs.
Have the tenant’s rights been violated?
Would it matter if the tenant wanted to use a
Section 8 voucher?
Situation #5
• A tenant and her guide dog have lived in the
same apartment for 20 years. The tenant
has developed severe arthritis and can no
longer take her guide dog outside to potty.
She cannot afford to hire others to take on
the task and asks the apartment complex
staff to take her dog outside 3 times a day.
Is the landlord required to do this?
Situation #6
• Tenant B who is 85 years old, and has lived in her
apartment for 30 years has become unsteady on
her feet, experiences memory lapses, and is no
longer able to maintain her previously high
housekeeping standards. Trash has been piling up
in her apartment. She forgets to pay the rent. She
left the stove on recently but no harm was done.
She received a notice to vacate, based on her
inability to maintain her apartment.
What can she do?
Question #1
• Al & Peg have two children and are looking to rent a
two bedroom apartment at Alpha & Omega
Apartments. The manager denies their application.
His reason was that the apartment is for adults only.
However, Al and Peg see that there are persons living
there who are in their 20’s and 30’s. They see no
children.
Can the manager deny Al & Peg because they have
children under 18 yrs old?
Answer #1
Alpha & Omega Apartment must meet the
criteria for senior housing (55+ or 62+).
Otherwise the manager cannot refuse a
family solely because they have children.
Question #2
• A homeowner circulates a petition
opposing the construction of a group home
for recovering alcoholics, and presents the
petition to the local zoning board at a
public hearing.
Has the homeowner violated the Fair Housing Act?
Answer #2
NO- The homeowners have a
constitutional right, freedom of
speech, to protest. However, the
Zoning Board cannot establish
ordinances or codes that adversely
impact any protected class.
Question #3
• The reasonable modification and
“reasonable accommodation” provisions of
the FHA only apply to housing
discrimination based on disability.
True or False?
Answer #3
TRUE - The Fair Housing Act (FHA )requires
an accommodation or modification only for
the basis of DISABILITY as defined by the
FHA
Question #4
• Cozy, two bedroom cottage, near the St Mary Church,
quiet neighborhood, ideal for empty nesters; $700 per
month. Call (374) 550-6057 for an appointment
Is there anything wrong with this advertisement?
Answer #4
YES-The advertisement implies a
preference for families without children
and maybe a preferred religion.
Question #5
• Shawn and Shay have been in a committed relationship
for several years. They have searched for an apartment
in Brownstown for the past three months. They have
sufficient income and good credit scores but their
applications have been continually denied. They believe
that their applications are being denied because they are
gay.
• Do Shawn and Shay have a fair housing complaint?
Questions or Concerns?
Indiana Civil Rights Commission
100 North Senate Avenue, Room N103
Indianapolis, IN 46204
Office: (317) 232-2600
Toll Free: (800) 628-2909
Hearing Impaired: (800) 743-3333
Website: http://www.in.gov/icrc