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We're getting excited about the upcoming launch of Fair Housing Helper -- aimed at helping multifamily professionals stay in compliance with fair housing laws and avoid costly liability.

Be among the first to check out our first commercial, and come back soon for more information about the launch!

Guest Blogger: LIHTC Owners Risk All by Ignoring Fair Housing Requirements

Today is the 43rd anniversary of the passage of the Fair Housing Act (FHA). To mark the occasion, Fairhousingblog.com is pleased to present our first-ever guest blog entry, by housing consultant Liz Bramlet...

It is so tempting to bury our head in the sand. It seems that the ability to delude ourselves is part of the human condition. We can convince ourselves that just because we want something to be false, it is indeed not true. We are forced, however, to see the downside of this practice when the impact of not facing some inconvenient truth stares us straight in the face. I’ve experienced this phenomenon more times than I care to remember in my own life, and recently, I have been reminded of it during discussions with several low-income housing tax credit (LIHTC) owners and managers.

I have the pleasure of working with many of the best actors in the LIHTC industry. Be they developers, property managers, syndicators or housing finance agency (HFA) officials, I get to spend my professional life with people committed to providing quality housing for the neediest amongst us and to treating everyone with fairness and respect. Unfortunately, I also interact with owners and managers who refuse to see the importance of their fair housing requirements and of how they treat all the applicants and residents at their communities. It is critical that everyone in the industry understand that a violation of fair housing law is a violation of the LIHTC program that can rise to the level of jeopardizing an owner’s tax credits.

In recent months, several people I have spoken with were under the impression that they need not concern themselves with fair housing compliance because they do not receive any mortgage or rental assistance from the Department of Housing and Urban Development (HUD). In many cases, when an owner or a manager believes their LIHTC community is exempt from any fair housing requirements, they are confusing fair housing law with something we in the industry refer to as “Section 504.” Section 504 of the Rehabilitation Act of 1973 states (in part):

No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Post Office.

The receipt of HUD dollars is considered federal financial assistance. An owner, including an owner of an LIHTC project, with HOME or CDBG funding, a mortgage insured through FHA’s Section 236 program, including projects that have gone through the decoupling process, project-based rental subsidy through the Section 8 program or comparable programs such as RAP, Rental Supplement and PRAC, etc. must implement everything Section 504 requires of them to protect the rights of persons with disabilities. Owners of LIHTC projects without HUD dollars are not considered to be in receipt of federal financial assistance so are not covered by Section 504, but they must still protect the rights of the disabled in the operation of their property as required by fair housing law.

Those who want to know what the IRS says about fair housing law and its applicability to the LIHTC program should check out the 8823 Audit Guide. The Guide for Completing Form 8823 Low-Income Housing Credit Agencies Report of Noncompliance or Building Disposition provides instruction for HFA officials on how and when to issue a IRS Form 8823 notifying the IRS they found an owner to be out of compliance with the LIHTC program. In Chapter 13, the IRS explains an owner’s responsibilities under fair housing law, and how an owner jeopardizes their tax credits when failing to meet these responsibilities. Here is a sample of what the IRS has to say:

LIHC properties are subject to Title VIII of the Civil Rights Act of 1968, which makes it unlawful to discriminate in any aspect relating to the sale or rental of dwellings, in the availability of transactions related to residential real estate, or in the provision of services and facilities in connection therewith because of race, color, religion, sex, disability, familial status, or national origin.

HUD is responsible for enforcing the Fair Housing Act. In so doing, HUD investigates allegations of housing discrimination, attempts to resolve the complaint, and determines whether there is reasonable cause to pursue civil action. If reasonable cause is present, HUD must bring the case before an administrative law judge. In the alternative, if either party elects to have claims or complaints decided in a civil action, HUD must refer the complaint to the U.S. Department of Justice for prosecution in the United States District Court.

State agencies must report the receipt of notices of Fair Housing Act (FHA) administrative and legal action issued by HUD or the Department of Justice to the Internal Revenue Service. The state agencies are responsible for reporting their receipt of notifications of administrative and legal action by HUD and the Department of Justice as outlined in the MOU. The IRS is responsible for determining whether the owner is out of compliance for purposes of IRC §42, and the associated out of compliance and back in compliance dates, based on the findings of the court proceeding. The determination will be based on the facts of the individual case.

With an understanding of the IRS’ position, it frightens me every time I hear an LIHTC owner or manager say they won’t spend their time or energy learning fair housing law. I’ve seen fair housing law suits destroy organizations. Defending yourself from even a false claim of discrimination can cost an enormous amount of time and money. And in the case of an LIHTC community, a serious finding of discrimination may cause the loss or recapture of tax credits, and the associated equity investment. If the loss of investment is large enough, it can seriously weaken the financial structure of a project. And don’t forget that every year an owner must certify to their compliance with LIHTC requirements, including their adherence to all applicable fair housing laws. You don’t want to be found out of compliance for lying on your owner’s annual certification of compliance.

Please, LIHTC owners, get your head out of the sand. Learn and implement your fair housing requirements. It’s the right thing to do.

Liz Bramlet is President of Liz Bramlet Consulting, LLC. Her firm provides training and consulting services to the affordable housing industry and specializes in the low-income housing tax credit (LIHTC) program. You can learn more about Liz, her firm, and the consulting and training services she offers by checking out her Web site at www.lizbramletconsulting.com, and her training center at www.lbctrainingcenter.com. You can follow Liz on her blog at www.lizbramlet.wordpress.com and on Twitter at www.twitter.com/lizbramlet.

(Image © iStockphoto.com/jgroup)

HUD Kicks Off Fair Housing Month With National Media Campaign Launch

Fair Housing Month is about commemorating the passage of the Fair Housing Act (FHA) and promoting awareness of housing discrimination laws. So, what better way for the U.S. Department of Housing and Urban Development (HUD) to kick off the month than to announce the launch of a new national media campaign?

HUD's new campaign is called "Live Free" and will run throughout the year, according to a press release. Acknowledging that "our society is more technologically advanced today," the campaign will utilize "the latest media tools to better reach all people about housing discrimination and what to do if they experience it," according to John Trasviña, Assistant Secretary for Fair Housing and Equal Opportunity.

Look for Facebook ads (such as these), digital videos, podcasts and more in the upcoming months that cover a wide range of pressing and prevalent fair housing issues.

Has HUD been doing enough to promote awareness of housing discrimination laws? Do you believe the new "Live Free" campaign will help educate the public about fair housing?

What do you think?

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.