Government Fair Housing Report Shows Disability Continues to Top Complaint List

On Friday, the U.S. Department of Housing and Urban Development (HUD) announced the release of its first annual report on the state of fair housing since President Obama took office. More fair housing complaints again have been filed based on disability than on any of the Fair Housing Act's (FHA) other protected classes, according to the report's findings.

Of the 10,242 complaints filed with HUD and its fair housing partners, nearly half (44%) alleged disability discrimination. The next most common basis for discrimination was race (31%), followed by familial status (20%).

In addition, the report noted that:

• This is the fourth consecutive year in which the number of fair housing complaints rose about 10,000.


• The most common issue (alleged in 55% of complaints) was discrimination in the terms or conditions of the sale or rental of property. The next most common issue was refusal to rent (in 24% of complaints), followed by failure to make a reasonable accommodation to allow a person with a disability an equal opportunity to use and enjoy a dwelling (in 22% of complaints).


• Aside from injunctive and other nonmonetary relief, HUD and Fair Housing Assistance Program (FHAP) agencies obtained more than $8 million as a result of their enforcement efforts. In addition, the U.S. Department of Justice (DOJ) recovered more than $850,000 in damages and civil penalties in Fair Housing Act cases that were investigated and charged by HUD.

Federal law requires HUD to report on its fair housing findings and progress each fiscal year. HUD offers a complete copy of its new report, entitled "The State of Fair Housing: Annual Report on Fair Housing FY 2009" through its Web site.

Fair Housing Month: April Is Also National Sexual Assault Awareness Month

On April 1, President Obama signed a proclamation making April National Sexual Assault Awareness Month, a time to "recommit ourselves not only to lifting the veil of secrecy and shame surrounding sexual violence, but also to raising awareness, expanding support for victims, and strengthening our response."

It's fitting that National Sexual Assault Awareness Month coincides with Fair Housing Month because sexual assault or harrassment is a form of sex discrimination, which the Fair Housing Act (FHA) bans.

For a recent example, just look at today's announcement by the U.S. Department of Justice (DOJ) about a complaint it filed yesterday against a New York City apartment building super and landlord.

The super allegedly sexually harrassed many female tenants at three apartment buildings over a period of years. According to the complaint, the super engaged in sex-based discrimination through his:

• unwanted verbal sexual advances, such as repeatedly soliciting sexual favors in exchange for reduced rent;
  
• unwanted sexual touching, such as grabbing;
  
• unwanted sexual language, including yelling obscenities to female tenants who didn't comply with sexual demands;
  
• conditioning the terms of tenancy on the granting of sexual favors;
  
• attempting to enter tenants' apartments while inebriated, demanding sex;
  
• granting and denying tangible housing benefits (such as mail delivery and making repairs) based on sex; and
  
• taking adverse action (such as threatening eviction) against female tenants who refused or objected to his sexual advances.

The landlord was also named in the lawsuit for having allegedly been aware of the super's sexual harrassment and not having taken "any meaningful steps" to investigate his tenants' multiple complaints of sexual harrassment. The DOJ also identifies the super as a registered Level 3 (high-risk) sex offender in the complaint.

The super and the landlord must now defend themselves in court against the DOJ, which seeks monetary damages, civil penalties, punitive damages, and injunctive relief.

Return tomorrow for the twenty-third part of this special "Fair Housing Month" feature at Fairhousingblog.com.

Federal Government Takes Aim at LGBT Housing Inequality

The Obama administration recently announced proposals that would give individuals greater rights when it comes to their choice of housing, regardless of their sexual orientation or gender identity.

Chief among these initiatives is a proposed rule aimed at ensuring that the lesbian, gay, bisexual, and transgender (LGBT) community is included in federal housing programs.

This would be accomplished by:

• making clear that the term "family," as used to describe eligible beneficiaries of public housing and voucher programs (which currently provide assistance to over three million families), includes LGBT applicants;
• requiring program participants to comply with state and local fair housing laws that ban discrimination based on sexual orientation or gender identity; and
• specifying that any FHA-insured mortgage loan must be based only on the credit-worthiness of a borrower, without regard to characteristics such as sexual orientation and gender identity.

In addition to the proposed rule, HUD announced it will commission the first-ever national study of discrimination against members of the LGBT community in both the rental and sale of housing.

Missing from the current set of proposals is an amendment to the Fair Housing Act to add sexual orientation and gender identity as protected classes. Will this come next? Should it?

What do you think?

Have Race Relations Improved Under President Obama?

Tomorrow, President Obama will have been in office for just 100 days. In this short time, has his presidency succeeded in changing the public's perception of race relations in the United States?

According to a New York Times / CBS News poll, the answer is yes. Two-thirds of Americans now say race relations are generally good, with the percentage of blacks believing so having doubled since last July. Many of those polled point to examples in their own towns of people acting friendlier and more respectfully to people of other races.

The poll was conducted nationwide by telephone this past Wednesday through Sunday, reaching 973 adults. Click here for the full results.

Have race relations improved since Mr. Obama became president? If so, how much credit does he deserve?

What do you think?

Obama Taps Donovan to Lead HUD

Shaun Donovan, New York City's housing commissioner, will be the next secretary of the Department of Housing and Urban Development (HUD), president-elect Barack Obama announced during his weekly radio address this morning. Mr. Obama noted that:

With experience that stretches from the public sector to the private sector to academia, Shaun will bring to this important post fresh thinking, unencumbered by old ideology and outdated ideas. He understands that we need to move past the stale arguments that say low-income Americans shouldn't even try to own a home or that our mortgage crisis is due solely to a few greedy lenders.

HUD is the federal agency charged with primary responsibility for enforcing the Fair Housing Act.

President Obama and Fair Housing

Yesterday, the nation went to the polls and elected Barack Obama as the 44th President of the United States. When Mr. Obama takes the oath of office on January 20, 2009, he will make civil rights history as he becomes the country's first black President.

What will this mean for fair housing? Will Mr. Obama and a heavily Democratic Congress expand the Fair Housing Act to cover more types of discrimination, such as sexual orientation or age? And is the fact that voters made a clear choice for a black candidate a sign that fair housing violations will trend down?

What do you think?