November 9, 2015 at 6 pm November 12, 2015 at 12 pm THE PARTNERS - PowerPoint PPT Presentation

November 9, 2015 at 6 pm November 12, 2015 at 12 pm

THE PARTNERS

HOUSING FOR EVERYONE Inclusionary Fair Housing Zoning Building Codes • Three tools: shared goals, different histories • Functions and applications often overlap • Focus on Fair Housing Act (FHA)

SO MANY LAWS – SO LITTLE TIME • SUBDIVISION & LAND DEVELOPMENT (PA Muncipalities Planning Code • Division of land • Arrangement of structures, infrastructure and utilities as the relate to environmental and topographic features, and offsite conditions

SO MANY LAWS – SO LITTLE TIME • ZONING (PA Municipalities Planning Code) • Uses of land and water • Size, height, bulk, location, external alteration and removal of structures • Areas and dimensions of land and water, including open space • Density of population and intensity of use • Protection and preservation of natural and historic features and prime agricultural land and activities

SO MANY LAWS – SO LITTLE TIME • BUILDING CODE (PA Act 45/UCC) • Minimum standards for constructed objects such as buildings and non-building structures • Alterations, minor and major, to existing structures

SO MANY LAWS – SO LITTLE TIME • Subdivision, land development, zoning and building codes are interelated

FAIR HOUSING ACT • Primary acts of housing discrimination Blockbust- Civil Covenants Redlining ing Rights Response

PROTECTED CLASSES • It is unlawful to refuse to sell or rent, or to make housing unavailable to people based on the following fundamental characteristics: Race Familial Religion Sex Status (Children under 18, Pregnancy) Color National Handicap* Origin (Disability) NOT THE SAME AS AFFORDABLE HOUSING.

APPLICABLE LAWS • Civil Rights Act of 1866 • Fair Housing Act Pennsylvania Human Relations Act • • Municipal Ordinances

CIVIL RIGHTS ACT OF 1866 • Prohibits discrimination on the basis of race and color in the sale and rental of property Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968) • Race discrimination is always illegal because no exemptions in this law FAIR HOUSING ACT • Congress passed FHA in 1968, amended in 1974 & 1988, Title VIII of the Civil Rights Act of 1968

PA HUMAN RELATIONS ACT PHRA provides additional protections covering: • Owner-occupied buildings with more than 2 units • Individuals 40 years old and older • Individuals using guide or support animals due to blindness, deafness or physical handicap • Individuals handling or training support or guide animals • Individuals related to or associated with individuals with disabilities

MUNICIPAL ORDINANCES Municipalities may pass • ordinances that cover additional protected classes Allentown, Bethlehem • and Easton added the protected classes of: Sexual orientation • • Gender identity and gender expression Marital status •

OTHER RELATED LAWS • Americans with Disabilities Act (ADA) of 1990 • Laws applying to recipients of federal funding: o Title VI of the Civil Rights Act of 1964 (protected classes: race, color, national origin) o Section 504 of the Rehabilitation Act of 1974 (protected class: disability) o Age Discrimination Act of 1975

PROHIBITED ACTIONS • With regards to the protected classes, it is illegal to… o Refuse to rent, sell or negotiate for housing o Set different terms, conditions or privileges in the sale or rental of a dwelling, or in terms of a mortgage loan o Falsely state that housing is unavailable for inspections, sale or rental o Steer families with children or people with disabilities to the first floor o Steer groups away from a neighborhood dominated by a certain racial or ethnic group o Refuse to rent to an individual because of the presence of a guide dog or support animal o Refuse to allow an individual with disabilities to make reasonable modifications to a dwelling or common use area if necessary for the individual to use/access the housing o Threaten, coerce, intimidate or interfere with anyone exercising or assisting others in exercising a fair housing right o Engage in other actions, policies, or the administrations of policies that have the effect of restricting housing opportunities on the basis of one of the seven protected classes o Otherwise make unavailable or deny housing

ZONING AND LAND USE • Title 24, Part 100 of the Code of Federal Regulations: Prohibited activities relating to dwellings. . .include, but are not limited to: (5) Enacting or implementing land-use rules, ordinances, policies or procedures that restrict or deny housing opportunities or otherwise make unavailable or deny dwellings to persons because of race, color, religion, sex, handicap, familial status or national origin.

ZONING AND LAND USE • What does this mean for municipalities? o They CANNOT impose distinct spacing requirements on nontraditional housing targeting protected classes, which could include the following: group homes for persons with disabilities; permanent supportive housing; transitional housing for individuals who are recovering from substance abuse o They CANNOT require additional studies or procedures when considering a development that may be occupied by members of the protected classes—i.e., studies that do not get imposed on other types of development o They CANNOT require notification or a public hearing only for the development of homes which might target protected classes, but not other types of development o They CANNOT reject a proposed housing development in response to neighbors’ fears that certain protected classes will occupy such housing o They CANNOT refuse to allow an exception or variance to an setback requirement as a reasonable accommodation for a disabled resident who must build some redesign of the structure (e.g, a wheelchair ramp or modified doorway) in order to access the housing

TYPES OF HOUSING Covered under the Fair Housing Act and the Americans with Disabilities Act Apart- Manufact- Single- Condomin ments ured Family -iums Homes Homes C o m m o n U s e A r e a s ( w i t h i n e x i s t i n g h o u s i n g c o m p l e x e s )

EXEMPTIONS • “Mrs. Murphy”: owner-occupied and • Also a person is not a protected four units or less class if: • Juvenile or sex offenders • Religious organizations: preferences • Currently illegally using controlled for non-commercial transactions substances • Private club: non-commercial • Persons w/ disabilities who pose transactions significant danger to others • May discriminate by sex in seeking a • Private individual w/ three single- roommate, when shared housing w/ family homes or less if w/o broker communal kitchen facilities • Age-restricted communities: 80% at 55+ or 100% at 62+

OTHER STATUTES • Advertisements cannot discriminate against protected classes – nullifies the exemption • Civil Rights Act of 1866: protections for race and color • Age (over 40) is a protected class in Pennsylvania • Roommates not exempt if there is a clear physical separation between units

ENFORCEMENT • Lawsuit Filed in State or Federal Court: 2 years • Complaint Filed with: o Dept. of Housing & Urban Development (HUD): 1 year o PA Human Relations Commission (PHRC): 180 days o City Human Relations Commission: • Allentown & Bethlehem: 180 days • Easton: 300 days

CONSEQUENCES TO VIOLATIONS Types of Relief Ordered by Courts: • Money Damages to Victims • Fines • Injunctive Relief • Mandatory Fair Housing Training for Defendant • Defendant paying Victim’s Attorney’s Fees

WAYS TO VIOLATE FAIR HOUSING LAWS 1) Discriminatory Intent (Disparate Treatment) 2) Discriminatory Effects (Disparate Impact) 3) Refusal to grant reasonable accommodation or reasonable modification (Disability discrimination)

DISCRIMINATORY INTENT ( DISPARATE TREATMENT) • Writing discrimination into the ordinance, code, procedure or policy • Treating a member of a protected class differently than someone who is not a member of that protected class (different treatment because of membership in the protected class)

DISCRIMINATORY INTENT ( DISPARATE TREATMENT) Familial Status Discrimination 2015 Settlement • WRO alleged that Village of Bronxville in Westchester County, NY wanted to attract residents without children to a new development in the village • In 2006, Village amended its zoning code to allow for special use permit for age-targeted multiple residence facilities • Developer must show that residence “designed to appeal primarily to individuals and couples without children” to receive special use permit

DISCRIMINATORY INTENT ( DISPARATE TREATMENT) Familial Status Discrimination Westchester (cont.) • Environmental impact study stated that development was designed to deter families with children from buying the condos, stated that “worst-case scenario being if non-empty nesters occupied 50%” of units • Village’s mayor promoted the development to “empty-nesters” & indicated in newspaper articles the worst case scenario was 6 new students for the school district from condo development • 2015: Village of Bronxville paid $95,000 to settle a lawsuit file by a fair housing organization (WRO)