What's on Tap for Fair Housing Month 2011

Each year, Fair Housing Helper likes to commemorate Fair Housing Month in a different way. If you were following this blog last year, you may remember our honoring the occasion by publishing a new post related to Fair Housing Month for each day of the month.

This year, Fair Housing Helper is pleased to announce the following endeavors aimed at promoting awareness of fair housing laws in the United States:

1. Fairhousingblog.com will see its first-ever guest blog post in the middle of the month. Written by a nationally recognized housing consultant, the post will shine light on an important aspect of fair housing compliance as it intersects with affordable housing.
   
   
2. The Stark County Real Estate Investors Association (SCREIA) invited me to appear in Canton, Ohio as the keynote speaker at its annual Real Estate Investor Showcase on April 26, 2011. I look forward to presenting a range of important topics for property owners and managers that I detailed in my book, Every Landlord's Property Protection Guide: 10 Ways to Cut Your Risk Now (Nolo 2008). Chief among these topics is fair housing compliance, which can prove very costly even to well-meaning landlords and managers. (If you are interested in attending this event, please visit SCREIA's Event Details page for registration information.)
   
   
3. At the end of the month, I'll make an important announcement that you won't want to miss. So, check back and also feel free to follow me on Twitter @fairhousing!
   

Update: Washington Complex Owners and Managers Settle Multiple Claims With DOJ

Last April, as part of a special series to commemorate Fair Housing Month, I blogged about the U.S. Department of Housing and Urban Development's (HUD) first announced charge of Fair Housing Month. The case concerned a Renton, Washington landlord, property management company, and on-site manger who had to defend themselves against alleged violations of four of the Fair Housing Act's (FHA) seven protected classes: race, color, national origin, and familial status.

Since then, the U.S. Department of Justice (DOJ) got involved, and the defendants have now agreed to settle the claims against them, while not admitting any liability or wrongdoing.

On March 8, 2011, a federal court entered a consent order that requires the defendants to pay $85,000 to tenants and prospective tenants who were harmed by the alleged discriminatory practices, pay $25,000 to the government as a civil penalty, create a common recreational area for tenants, including children, provide fair housing training to the defendants' employees, and develop and maintain non-discrimination policies throughout the complex.

Rural Fair Housing: What Tops the Complaint List?

A new report from the Housing Assistance Council (HAC), a nonprofit corporation headquartered in Washington, D.C., shows that more complaints under the Fair Housing Act (FHA) in rural areas of the United States were filed for disability than for any other protected class.

HAC looked at the 91,030 complaints in the U.S. Department of Housing and Urban Development's (HUD) database from 1998 to 2008, identifying roughly 13% of these complaints as concerning rural communities.

According to the study, 37% of the rural complaints were based on disability, followed by race (29%), familial status (12%), sex (7%), national origin (6%), color and religion (each 2%).

Access the complete results of HAC's report here.

Discrimination Against Unmarried Couples?

Can a landlord legally discriminate against two prospective tenants because they're not married? Not if they're in Michigan.

Michigan is one of a handful of states that protect against marital status discrimination in housing. According to the Fair Housing Center of West Michigan (FHC), testers posing as unmarried couples inquired over a one-year period about renting from landlords who own 14 condos and eight apartments. But the landlords allegedly told the testers that they would rent the units only to single people or married couples.

The landlords have agreed to pay $60,000 to the FHC to settle the discrimination claims, according to a report from the Associated Press.

If you're wondering whether marital status is protected in your state, check out the Protected Classes Tool at fairhousingresources.com or my article on About.com, entitled "Does Your State Fair Housing Law Have Any Additional Protected Classes?"

Invalid Reasons for Denying Modification/Accommodation Requests - Part 2

Here's another recent example of an owner or property manager denying a modification/accommodation request for an invalid reason. Unlike the first example, however, this owner appears to have tried to comply with relevant laws, but his research efforts came up short.

According to the U.S. Department of Housing and Urban Development's (HUD) Charge of Discrimination of February 9, 2011, the owner and manager of an Oyster Bay, New York coop repeatedly denied a resident's request for an assigned accessible parking space. The resident, who suffers from neuropathy and can't walk long distances, claimed he needed the space as a reasonable accommodation for his disability.

After the resident was not allowed to reserve one of the two designated accessible parking spaces closest to the entrance, he had to compete for an accessible space with other residents or park further away from his apartment.

The owner and manager denied the resident's request, claiming that they were "in full compliance with local codes regarding handicap parking." That may be, but they apparently were unaware of the Fair Housing Act's requirement to consider accommodation requests from residents — and grant them if they're reasonable.

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?