Invalid Reasons for Denying Modification/Accommodation Requests - Part 1

There are valid reasons why an owner or property manager may deny a tenant's modification request. For example, if a tenant doesn't have a disability, if the requested modification isn't related to the disability, or if it's just not reasonable, the law should support a denial.

But sometimes modification requests get denied for reasons that amount to a violation of the Fair Housing Act's (FHA) ban on disability-based discrimination. Very often, the owners or property managers who make such denials believe they're acting within their rights and later are surprised to learn that their policy justifying the denials isn't legal.

Two recent examples show how this plays out.

A tenant at a Boston apartment building requested modifications to her apartment's bathroom and doors, claiming she needed them because of a disability. The property management company denied the modification request, citing a (clearly discriminatory) policy of not accepting tenants with disabilities at the building, according to a report from The Milford Daily News. Following a 2009 complaint from the Massachusetts Attorney General's office, the management company agreed Wednesday to settle the matter.

Read another example in the next blog entry.

HUD Adopts Stronger Stance Against Domestic Violence

Tenants who are denied or evicted from housing as a result of domestic violence may have grounds to file a discrimination complaint under the Fair Housing Act, according to the U.S. Department of Housing and Urban Development (HUD), the primary federal agency charged with enforcing the FHA.

HUD recently issued guidance in the form of a memorandum to FHEO headquarters and field staff, pointing out that while the Violence Against Women Act (VAWA) offers some protections to victims of abuse who experience housing discrimination, the FHA authorizes HUD to investigate whether a tenant's denial or eviction violates the FHA because of discrimination based on sex or another protected class.

In its guidance, HUD suggests that the following examples may yield a viable claim under the FHA:

• A landlord who refuses to accept women with a history of domestic violence because they may return to abusive men;
  
  
• A landlord who evicts women for the violent acts of their abusers; and
  
  
• A "zero-tolerance" policy for criminal activity, under which an entire household may be evicted for the criminal act of one member, as it may have a disparate impact on women because they are the overwhelming majority of domestic violence victims.

Do you believe this new guidance will help protect domestic violence victims from losing their homes? What more, if anything, should the government do to achieve this goal?

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.
  

HUD Pushes Forward With LGBT Proposals

In October 2009, I blogged about how the U.S. Department of Housing and Urban Development (HUD) announced certain proposals aimed at ensuring that people can participate in federal housing programs without regard to their sexual orientation or gender identity.

Yesterday, HUD followed up with an announcement that shows the department is committed to turning its proposals into reality:

1. HUD's proposed rule. HUD issued a proposed rule that takes certain measures aimed at protecting renters and homeowners from discrimination based on sexual orientation and gender identity. Among the measures are:
   
   
   • a provision clarifying 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;
     
     
   • a provision broadly defining gender identity as "actual or perceived gender-related characteristics" (emphasis added); and
     
     
   • a provision 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.
   
   The rule ("Equal Access to Housing in HUD Programs — Regardless of Sexual Orientation or Gender Identity") will be published in the Federal Register on Monday, January 24, at which time public comments will be accepted for a 60-day period.
   
   
2. HUD's first-ever national study. HUD announced it will conduct the first-ever national study of discrimination against members of the LGBT community in both the rental and sale of housing. In the past, HUD has conducted such a study only on the basis of race and color.

MLK Played a Unique Role in Fair Housing History

Dr. Martin Luther King Jr., whose birthday is observed in the United States today, played a key role in the passage of housing discrimination laws both during his lifetime and posthumously.

As a civil rights leader promoting racial equality, Dr. King led open housing marches to protest segregation. His assassination in 1968 put the Fair Housing Act (FHA) on the fast track to passage, with President Lyndon B. Johnson signing the landmark piece of civil rights legislation into law just one week later.

Read a brief account of the history of fair housing, spotlighting Dr. King's role, by the U.S. Department of Housing and Urban Development (HUD), the primary federal agency charged with enforcing the FHA today.

NAR Bars Sexual Orientation Discrimination... Is Congress Next?

It may not be unlawful for members of the National Association of Realtors® (NAR) to discriminate based on sexual orientation (that depends on state and local law), but members who do engage in such housing practices now run afoul of their own ethical code.

In a ballot vote weighted by size of local association conducted on November 9, an amendment to bar sexual orientation discrimination passed by 93%, according to a report from REALTOR® Magazine.

For the first time, the REALTORS® Code of Ethics includes a protected class that's not a part of the Fair Housing Act (FHA). When this issue was raised among the delegates, one delegate reportedly justified the move by pointing out that the Code's purpose is to hold NAR members to a higher standard.

Do you agree? Do you think such a development is a sign that similar legislative changes are around the corner?

What do you think?

Will the HOME Act Become Law in 2011? Should It?

A bill by the House introduced earlier this month promises to "modernize" the Fair Housing Act (FHA) if passed, supporters say.

H.R. 6500, known as the Housing Opportunities Made Equal (HOME) Act, would greatly expand federal protections against housing discrimination across the United States.

In its current form, the HOME Act would:

• add sexual orientation, gender identity, source of income, and marital status as protected classes;
  
  
• reinforce existing protections for people who are discriminated against after they have already rented or purchased a home;
  
  
• allow the public to hold municipalities accountable for failing to advance fair housing laws;
  
  
• expand the definition of "familial status" to include "anyone standing in loco parentis" of a child under 18 years of age;
  
  
• improve the Department of Justice's (DOJ) ability to investigate potential fair housing and fair lending violations; and
  
  
• clarify and strengthen protections for people with disabilities.

For more information about the HOME Act, take a look at this excellent section-by-section commentary by the National Fair Housing Alliance.

Do you think the HOME Act will become law in 2011? Should it? Do you agree with the law's supporters that it's time to modernize the FHA?

What do you think?

LANDMARK: Reasonable Accommodation Denial Leads to Record Settlement

The U.S. Department of Justice (DOJ) announced Monday that it has obtained the largest-ever settlement in connection with an individual housing discrimination case. The $1.25 million agreement with an Alabama property management company stems from a tenant's request for a reasonable accommodation, which the company allegedly denied.

What's interesting about this case is how a single denial of an accommodation request could wind up costing a management company so dearly. The reason? The tenant allegedly suffered severe damages as a direct result of the denial.

According to the first amended complaint filed March 17, 2009, the tenant requested to rent a ground-floor apartment in the 196-unit Mobile, Alabama non-elevator building to accommodate a physical disability. Although he needed to use full-length leg braces and crutches on account of paraplegia, he was offered an apartment on the second floor with the understanding that he would soon be transferred to a ground-floor unit. In the meantime, the apartment's small size meant the tenant had to keep his physical therapy equipment in storage on the ground floor.

Despite several follow-up requests and apparent promises, the company didn't allow the tenant to transfer to the ground floor, at one point citing a new rule barring all transfers, according to the complaint.

In November 2007, the tenant fell down the stairs from his second-floor apartment, requiring surgery and the need for a wheelchair.

Without admitting liability or wrongdoing, the company agreed Monday to pay $1,195,000 in monetary damages to the tenant, plus $55,000 in fees and costs to the federal government for the alleged Fair Housing Act violation based on disability.

In addition to the record monetary award and penalty, the consent decree requires the company to obtain fair housing training for employees and monitor their compliance, maintain non-discriminatory practices and procedures, and appoint an employee as "Reasonable Accommodation Facilitator," charged with managing all new requests at the more than 11,000 units in 85 properties across 15 states that the company manages.

Given the facts, do you think this settlement is fair? Do you believe landlords and property management companies need to become more aware of how the law protects people with disabilities?

What do you think?

Making Them Pay for Making Them Pay

The U.S. Department of Justice (DOJ) last week announced that a Methuen, Massachusetts condominium has agreed to settle charges of housing discrimination based on familial status. According to the DOJ press release, the condominium will pay $130,000 to the victims and $20,000 in civil penalties, and its board members will undergo mandatory training on aspects of the Fair Housing Act.

The DOJ claims that the condominium fined families with children (both condo owners and renters) more than $500 after kids played wiffle ball, tag, and other games in the outdoor common areas — but not from other residents (without children) for recreational use of the same common areas. In addition, the complaint states that the condominium retaliated against one mother for filing a discrimination complaint by charging her $1,000 to cover the costs of hiring an attorney to defend against that complaint.

The proposed consent decree will take effect pending approval by the federal district court.

Fair Housing Accessibility FIRST Services Suspended Pending Contract Negotiation

Since the beginning of last month, all services associated with Fair Housing Accessibility FIRST, an initiative sponsored by the U.S. Department of Housing and Urban Development (HUD), have been suspended pending HUD's negotiation of a new contract, according to a note on the initiative's Web site. Since 2003, the initiative has pursued a mission of promoting compliance with the Fair Housing Act's design and construction requirements.

The initiative's instructional programs and its toll-free information line for technical guidance and support are currently not operational. However, visitors to the Web site, fairhousingfirst.org, will be happy to note that the site's collection of useful links, informative documents, and other helpful information regarding accessibility remains online.

The site also notes that Deloitte Consulting has stopped being a point of contact as of October 1, due to contract expiration. Deloitte had assumed this role from BearingPoint in May 2009.

If you've used any of the Fair Housing Accessibility FIRST initiative's services, did you find them useful? Have you ever visited the initiative's Web site to get answers or clarification on housing accessibility and design issues?

Guest Blogging for MyNewPlace.com

I am pleased to announce that I recently became a guest blogger for MyNewPlace.com, one of the leading apartment and home rentals Web sites in the United States. If you visit mynewplace.com/blog, you can find my entry posted at the beginning of each month.

My first guest blog entry (posted November 1, 2010), entitled, "Why Read About Apartment Living?" takes a look at the five ways apartment hunters and dwellers who add apartment living resources to their daily or weekly reading can benefit.

I look forward to writing more posts in upcoming months exploring a wide range of apartment-related issues, including fair housing.

In the meantime, if you've got an idea for a topic, I'm happy to hear it! Please leave a comment.