4/5/17 Sources of Law Fair Housing History • Title VI of the Civil Rights Act of 1964 • Title VIII of the Civil Rights Act of 1968 (FHA) Fair Housing Act passed in 1968 (as amended) • Title VIII of Civil Rights Act of 1968 • Fair Housing Act Amendments of 1988 (FHAA) TOPICS IN FAIR HOUSING FOR PEOPLE WITH • One week after assassination of MLK, Jr. • Section 504 of the Rehabilitation Act of 1973 DISABILITIES • Section 109 of the Housing and Community COHHIO CONFERENCE, HOUSING OHIO Development Act of 1974 • Architectural Barriers Act of 1968 April 13, 2017 • Age Discrimination Act of 1975 • Section 3: Housing and Urban Development Act of 1968 Zach Maciaszek, law clerk, COHHIO • Titles II and III of the Americans with Disabilities Act of 1990 (ADA) Kevin TruiL, aLorney, Disability Rights Ohio • Housing for Older Persons Act of 1995 (HOPA) Fair Housing Act Basics Fair Housing Act Basics Simple Definition of Fair Housing Act • Prohibits discrimination in the rental • Prohibits discrimination in the • …based on membership in (including services), sale, advertising, sale, rental, and financing of protected classes design, insuring, and financing of dwellings, and in other housing- • dwellings, and in other housing-related Characteristic of a person cannot transactions, based on membership in related transactions… be targeted for discrimination protected classes • • Can be determined by Applies to Landlords, Realtors, • VERY BROAD & intended to be Mortgage Brokers, Insurance documented patterns of treatment broad Agents, Zoning Codes, etc. 7 Federal Protected Classes 7 th Federal Protected Class Americans with Disabilities Act (ADA) Race (Skin) Color Familial Status Disability • Covers places of public accommodation • Fair Housing Act and public entities (ex: public housing amended in 1988 to include disability and authority) familial status • Those areas of a housing development • Section 504 of the Rehabilitation Act of which are open to the public: Religion Sex/Gender National Origin 1973 – Rental office • Americans with – Pools Disabilities Act of 1990 – Club house/party room • 1999 Olmstead Decision – Gym 1
4/5/17 Disability Definition Physical or Mental Impairment Major Life Activities • A individual with a disability is any person who • Visual or Hearing Impairment Including, but not limited to: • Mobility Impairment has a physical or mental impairment that Seeing • Mental Illness substantially limits one or more major life Hearing • Emo6onal Illness activities • Intellectual Disability Walking • Alcoholism & Past Substance Breathing • Person who has a record of such impairment Abuse Performing Manual Tasks • Chronic Disease: muscular • Person regarded as having such an impairment dystrophy, mul6ple sclerosis, Caring for One’s Self HIV, Cancer, Au6sm, ADHD, Speaking asthma, etc. Thinking • Can be temporary Reasonable Accommodations & Why Focus on Disability Why Focus on Disability Reasonable Modifications According to HUD: Fair Housing Act requires that: According to the US Census Bureau 2010: • A landlord may not unreasonably refuse to • Approximately 40% of all cases filed provide a reasonable accommodation of a rule, • 56.7 MM people in the US experience a policy, or procedure to address the needs of a disability (19%) in 2009 were disability-related person with a disability • 29.5 MM were between the ages of 21-64 and • In 2013 the # of disability-related 41% of them were employed • A landlord may not unreasonably deny permission cases was more than 50% • 19.2 Million were 65 and over. to a tenant to make a modification of the premises • That % climbs every year to address the needs of a person with a disability Accommodation Accommodation Example #1 Accommodation Example #1 • ADA A change in • Trained rules, policies, • Dogs or miniature horses practices, or • FHA services • No training • No certification • Not limited to dogs & horses • No # limit 2
4/5/17 Accommodation Example #2 Other examples of Anderson v. City of Blue Ash accommodations • Live-in aide for people with disabilities who • Important decision from the federal Sixth rely on others to care for them; Circuit Court of Appeals • Ground floor apartment for someone who • This case involved a child with multiple has a mobility impairment and cannot use disabilities whose doctor prescribed her stairs; equine therapy (a miniature horse) to enable her to walk and play and exercise • Effective communication for people who in the backyard of her home, which would are deaf or blind. provide her many therapeutic benefits and was important for her long-term health. Anderson v. City of Blue Ash Anderson v. City of Blue Ash Ellie, the miniature horse • A municipal ordinance prohibited the The case was eventually settled by the presence of horses and other farm parties. The family was permitted to keep animals on residential property in the city. the miniature horse on their residential The district court dismissed the family’s property and agreed to regularly remove case against the city. waste from their property, obtain no more • The Sixth Circuit reversed the dismissal on animals, and allow city employees to enter the exterior of their property without notice to the basis of the ADA and FHAA. ensure compliance. Fair Housing Modifications Modification Modification Example # 1 A structural change (interior or exterior) made to Under the FHA, a landlord may not unreasonably existing premises, occupied or to be occupied by a Adding Grab Bars in the Shower deny permission to a tenant to make a person with a disability modification of the premise to address the needs of a person with a disability Tenant ’ s wallet ↑ 3
4/5/17 Modification Example #2 Modification Example # 3 Modification • Exterior v. Interior Modification Door Knob à Door Handle Removing Carpet • Exterior—under FHA, tenant cannot be required to remove à • Interior---under FHA, tenant can be required to remove “Reasonable” Definition Section 504 Section 504 and Fair Housing States: 1. Economically and architecturally feasible Although Section 504 imposes greater obligations than the Fair Housing Act, (e.g., providing and 2. Does not alter the fundamental nature of the “No otherwise qualified individual with a paying for reasonable modifications that involve program structural modifications to units or public and disability in the United States… shall, 3. Each request must be considered on “case by common areas), the principles discussed in this case” basis solely by reason of her or his disability, be Statement regarding reasonable accommodation excluded from participation in, be denied under the Fair Housing Act generally apply to the benefits of, or be subjected to requests for reasonable accommodations to rules, discrimination under any program, service policies, practices, and services under Section 504. or activity receiving federal financial assistance… .” Who is covered under 504? Preparing a RA/RM Paying for Section 504 504 requires that programs that receive YES: Before submitting, make sure: FEDERAL FUNDING must make • Owned by Public Housing Authority accommodations and modifications to • Project-based Sec6on 8 • 202/811 – senior/disabled • Person is considered to have a disability under permit full participation by people with • USDA Rural Development proper6es FHA/504 disabilities • Sec6on 236 (with a mortgage subsidy) • Not obvious? Then one may need documentation • Other federal funding (CDBG, HOME, etc.) • Major Life Activity impaired in housing NO: • Strong “nexus” • Housing Choice Vouchers (aka METRO) • All other privately owned/financed property • 504 eligible? • LIHTC proper6es without federal gap financing 504? Landlord has to pay. Modifica]on = Accommoda]on 4
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