Single Mom Told Only a Man Can Shovel Snow

A La Crosse County, Wisconsin landlord is facing discrimination charges after telling a single female prospect she was ineligible to rent a two-bedroom modular single-family house in a cattle farm with her child because her household is missing a man.

The landlord, a woman, expressed her opinions on single women several times to the U.S. Department of Housing and Urban Development (HUD), saying she never rents to them, "especially not in the country." She insisted that a single woman can't handle the seclusion of the rural community and the snow removal during "brutal" winters, and also didn't want a tenant calling her repeatedly to plow her out or make repairs. Not renting the house to a single woman with a child at the property was "just common sense," she concluded.

In light of these statements and the landlord's subsequent rental of the property to two men, HUD issued a Charge of Discrimination based on sex and familial status. An administrative law judge is expected to hear the case.

If you've been following this blog, you may recall reading a few years ago about a similar case in Idaho, in which a property manager settled with the government after denying housing to a single mother on the insistence that a man was needed to mow the lawn. (See "Requiring Men to Mow the Lawn Doesn't Cut It," September 16, 2008.)

The lesson from these cases to housing providers is, as HUD Assistant Secretary for Fair Housing and Equal Opportunity John Trasviña put it:

Fairness dictates, and the Fair Housing Act requires, that housing decisions not be based on outmoded stereotypes of people’s "place" in our society. HUD will enforce the law whenever a housing provider seeks to limit a woman’s housing choices because of her gender or family composition.

Landlord Wouldn't Let Teenager Have Friends Over Without Mother Present

Viable familial status discrimination claims don't have to involve a landlord who refuses to rent to families with children. Often enough, landlords who say they'll rent to families with children but impose certain restrictions on those families also find themselves in fair housing trouble.

A recent example is a Wisconsin landlord who admitted to placing guest restrictions only on tenants with children, according to the U.S. Department of Housing and Urban Development's (HUD) Charge of Discrimination announced today (issued July 12).

After approving a single mother and her 17-year-old son for tenancy and accepting a deposit, he allegedly told the mother she would need to agree to a lease restriction requiring her to be present whenever her son had visitors. The landlord indicated he has had problems in the past with teenagers and also cited a tip from another tenant claiming that the son was a "bad kid" who had been in "trouble."

The mother insisted the tenant's claim is unfounded and suggested the landlord call the police for proof. But the landlord stood firm, leading the mother to file a complaint with HUD alleging Fair Housing Act (FHA) violations. An administrative law judge will now hear the case.

Do you agree with the Charge? Should a landlord ever be allowed to impose restrictions on families with children aimed at controlling teenagers' behavior while in their apartments?

What do you think?

Fair Housing Poster Contests Announced As Fair Housing Month Nears

April will be here before we know it, and so local organizations across the United States have recently announced poster contests in honor of Fair Housing Month.

Here's a sampling of local fair housing month poster contests that encourage children to be creative while at the same time educating communities about the Fair Housing Act and related laws:

• Silver State Fair Housing Council (SSFHC) of Washoe County, Nevada is hosting its 15th annual Fair Housing Poster Contest for students in the first through eighth grades with the theme, "Fair Housing: Welcome Home." There are several prizes for top honors, including savings bonds, but all participants will receive a certificate of recognition. Participation in the contest "fosters a better sense of understanding, acceptance, and appreciation for the diversity in our neighborhoods and throughout our community," according to SSFHC, which saw 635 entries in last year's contest. Deadline for entries: February 25, 2011. For full details, including rules and an entry form, visit SSFHC's Fair Housing Poster Contest 2011 Web page.

• The Fair Housing Council of Oregon (FHCO), along with Oregon Housing Community Services and the Oregon Business and Development Department, is hosting its 14th annual Fair Housing Poster Contest. Students in the first through eighth grades are invited to submit entries that illustrate the theme, "Won't You Be My Neighbor? Fair Housing for Everyone." Prizes will be awarded within three age categories. According to the FHCO, the "poster contest is a great way to teach kids about the importance of civil rights." Deadline for entries: March 17, 2011. For full details, consult the FHCO's Contest Brochure 2011.
  
  
• The Wisconsin Fair Housing Network is again sponsoring a Fair Housing Poster and Essay Contest. Open to students in kindergarten through 12th grade, the contest aims "to promote the concepts of choice and equality in housing." Awards will be conferred to those participants whose entries best reflect the theme, "Fair Housing: On the Right Track." Deadline: April 15, 2011. Read the Network's announcement for more information on contest rules and eligibility, as well as a helpful summary of fair housing rights.
  
  
• The Frederick County Association of Realtors® is sponsoring its annual Fair Housing Poster Contest "to help increase awareness of this important issue." Students in kindergarten through eighth grade are invited to submit entries on the theme, "Fair Housing Means a Place to Call Home." Winning entries from the county will then vie for state honors, which includes being featured in the Maryland Association of Realtors®' 2012 Fair Housing Calendar. Deadline: February 11, 2011. Read the contest brochure for complete information.
  

Artifice Forces Landlord's Hand on Renting to Families With Children

A man called the managers of an Outagamie County, Wisconsin apartment he saw advertised to inquire about its availability. Apparently, after the man told one of the managers that he and his wife had children, she allegedly refused to show him the apartment.

Acting on suspicion, the man's wife decided also to call the manager about seeing the apartment, but making a point to say (inaccurately) that she and her husband had no children. Not only did the manager immediately schedule a showing, but she pressured her to see the available apartment right away, according to the U.S. Department of Housing and Urban Development (HUD).

Further testing by the Metropolitan Milwaukee Fair Housing Council uncovered more evidence of discrimination based on familial status, which is illegal under the Fair Housing Act (FHA). For example, the manager reportedly told one tester that she's "looking for the perfect renter, meaning I don't want a lot of kids" and that she charges families with children a higher security deposit.

All this led HUD to issue a Charge of Discrimination, announced October 21, against the managers and the owner, meaning they'll need to defend themselves against alleged Fair Housing Act violations before an administrative law judge.

'Victim Fair Housing Act' Aims to Distinguish Between Undesirable Tenants and Innocent Victims

Each year, it's estimated that millions of men and women in the United States fall victim to domestic violence. When such a victim lives in rental housing, a violent incident or series of incidents could force the tenant onto the street. Not all landlords are interested in distinguishing between perpetrator and victim but simply view violent acts on the premises as a ground for eviction. As a result, a tenant who becomes a domestic violence victim often suffers in a second way, losing her home due to circumstances beyond her control.

Wisconsin has decided to legislate a hopeful end to this nightmare by passing a "Victim Fair Housing Act." The Act, which went on the books earlier this month, amends the state's fair housing law to ban housing discrimination based on someone's "status as a victim of domestic abuse, sexual assault, or stalking." Most importantly, the law offers such victims a defense against eviction, according to a report from The Post-Crescent.

Are you in favor of Wisconsin's legislative measure, and do you think it will prove effective in addressing this issue? Should the federal Fair Housing Act be amended to protect victims of domestic violence from losing their housing?

What do you think?

Should Criminals Be Protected Against Housing Discrimination?

Dane County, Wisconsin is tackling the controversial issue of whether a landlord should be allowed to discriminate against someone simply because he or she has a criminal record.

The county is currently considering adding language to allow discrimination against such people, according to a May 19 report from the Wisconsin State Journal. Specifically, the ordinance would say that landlords can turn away prospective tenants based on criminal history if the crime was related to housing and “a reasonable person would have a justifiable fear for the safety” of the property or other tenants.

Is this language fair, or should landlords be free to adopt their own criminal history policies without fear of housing discrimination claims? Madison, which is the seat of Dane County, bars landlords from discriminating against people with a criminal record if their record is more than two years old. Is this sensible?

What do you think?

Interesting to note:

"Criminal arrest/conviction" is not a protected class under the Fair Housing Act or under any state's fair housing law.