Landlords Gave Girl With Cerebral Palsy Two Options: Bad and Worse

For a divorced Iowa mother caring for a daughter with cerebral palsy, there were two options: 1) pay an additional $200 security deposit, plus $25 extra in rent each month, or 2) give up your apartment.

Why the options after the family had already been living in their apartment for months? The mother thought a Labrador retriever would provide needed assistance and stress reduction to the seven-year-old girl. Her pediatrician agreed and wrote a letter to the family's landlords to support their request for a reasonable accommodation to the landlords' no-pets rule.

However, the landlords refused to accommodate the girl's disability in this way, prompting the family to move out of the building to an apartment with a higher rent, located much farther away from the girl's school.

The mother complained to the U.S. Department of Housing and Urban Development (HUD), which brought a fair housing complaint against the landlords and issued a Charge of Discrimination. A HUD administrative law judge is expected to hear the case.

Looking for Discrimination in All the Wrong Places

The Iowa Civil Rights Commission was happy to announce last week that its search for evidence of familial status discrimination came up empty.

After randomly selecting and then reviewing online and newspaper advertisements for properties in six communities within the state, the Commission interviewed by phone the 35 property owners and managers behind the ads and found that they didn't exclude families with children.

This report builds on two studies the Commission performed in 2008. The first study found that fewer than 1% of 9,646 housing advertisements were likely discriminatory, with 90% of those based on familial status. The second study tested familial status discrimination in Waterloo and found two possible instances (as well as five possible instances of racial steering).

The Commission now plans to turn its attention to testing for other types of discrimination under the Fair Housing Act and state law, including discrimination based on race, national origin, and disability.

Discrimination in Iowa Housing Ads Rare

Now that the Fair Housing Act (FHA) has been on the books for 40 years, the Iowa Civil Rights Commission decided to conduct a statewide study to determine compliance levels when it comes to advertisements for residential rentals and sales.

In a press release dated October 24, 2008, the Commission reported that a mere .79% of the ads analyzed in the study — 76 of 9,646 — were flagged as "possibly discriminatory." Roughly half of these — 40 of 76 — were "likely disriminatory," with 36 of the 40 ads running afoul of the FHA's ban on familial status discrimination. The Commission also noted that no single publication it reviewed contained more than four possibly discriminatory ads.