National Fair Housing Month 2024

Your Rights as a Resident

Understanding your rights is the first step towards ensuring you live in a fair, respectful, and legally compliant housing environment. Here, we break down these rights into clear, easy-to-understand points:

Right to Non-Discrimination: Under the Fair Housing Act, you have the right to be free from discrimination in any housing-related activities. This includes discrimination based on race, color, religion, national origin, sex, disability, and familial status.

Right to Reasonable Accommodations: If you have a disability, you are entitled to reasonable accommodations. This means landlords must make necessary modifications to buildings or policies to ensure you have equal access to housing.

Right to Equal Treatment in Housing Opportunities: You have the right to equal treatment when renting or buying a home. This means being given the same opportunities, terms, and conditions as anyone else, without bias.

By Noah Schumacher

Photography by Hannah Morales

You have the right to equal treatment when renting or buying a home

Right to File a Complaint: If you believe your fair housing rights have been violated, you have the right to file a complaint with the US Department of Housing and Urban Development (HUD) or other relevant authorities without facing retaliation

Right to Privacy and Respect: As a resident, you have the right to privacy in your home Property managers and owners must respect your space and provide proper notice before entering your dwelling, except in emergencies.

Right to a Safe and Habitable Home: You are entitled to live in a safe and habitable environment. This means your home must meet basic health and safety standards.

Remember, these rights are in place to protect you and ensure that your housing experience is free from unfair treatment and discrimination If you ever feel that your rights are being violated, don't hesitate to seek assistance from local fair housing resources or legal aid services

Together, we can work towards a community where everyone's housing rights are respected and upheld

Duties of Property

Managers & Owners

Understanding and adhering to Fair Housing laws is not just a legal obligation; it's a commitment to fairness and equality in our communities. Here, we provide practical advice on how to comply with these laws in your daily operations:

Practice Non-Discriminatory Advertising:

Ensure that all your advertising materials, whether online or offline, do not favor or discriminate against any particular group Use inclusive language that welcomes all potential residents

Implement Consistent Screening Processes:

You play a crucial role in upholding fair housing principles, ensuring everyone has equal access to housing opportunities.

Apply the same screening criteria (credit checks, references, etc) to all applicants This consistency is key to preventing accusations of bias or discrimination

Fair housing isn't just about following the law; it's about creating a community where everyone feels welcome and valued.

Discrimination Recognizing & Avoiding

By understanding what constitutes discrimination and how it can manifest, we can create a fairer, more inclusive housing environment for all

Understand the Forms of Discrimination

01

Discrimination isn't always overt It can be subtle, like consistently showing certain groups only specific units or areas, using different terms or conditions for certain applicants, or making assumptions based on someone's background

Example Scenario: A property manager only shows ground floor apartments to applicants with disabilities, assuming they wouldn't want or be able to live on higher floors

BeMindfulofLanguage

02

The words used in advertising or communication can unintentionally discriminate. Avoid language that implies a preference or limitation based on protected characteristics

Example Scenario: An ad stating "perfect for young couples" could be seen as excluding older individuals or families with children

03

EducateYourselfandOthers ApplyRulesandPoliciesConsistently

04

Ensure that all housing policies and rules are applie uniformly to all residents Inconsistencies can lead t perceptions of unfair treatment

Example Scenario: If a noise complaint policy is on enforced against families with young children, this could be considered discriminatory

Continuallyeducateyourselfaboutfairhousinglaws andsharethisknowledgewithcolleaguesand residents.Understandingthelawisthefirststepin preventingdiscrimination.

EncourageOpenCommunication

05

Fosteranenvironmentwhereresidentsfeel comfortablediscussingpotentialissuesorconcerns. Opendialoguecanoftenpreventmisunderstandings anddiscrimination

We all have unconscious biases Reflect on these and understand how they might influence your actions or decisions in the housing context

Ensure all residents have equal access to facilities and amenities, regardless of their background

Example Scenario: Restricting pool access based on the type of housing assistance a resident receives would be discriminatory

Ifaresidentorapplicantfeelstheyhavebeen discriminatedagainst,taketheirconcernsseriously. Investigateandaddressthesecomplaintspromptlyand fairly

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If you feel you have experienced housing discrimination based on race, color, national origin, religion, sex (incl sexual orientation and gender identity), disability, and familial status, contact HUD at 1-800-669-9777, online at www.hud.gov/fairhousing, or your local fair housing organization

“No Pets” Policy & Assistance Animals

Disability Rights

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The Incident: A Struggle for Accommodation

In this pivotal case, the complainant alleged that the owner violated the Fair Housing Act. The bone of contention was the denial of a reasonable accommodation under the Act. The complainant, living with a disability, requested an exception to the "no pets" policy, to keep an assistance animal a request not only reasonable but also protected under federal law.

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HUD's Role: Upholding Fair Housing Laws

HUD's involvement in this case was crucial. The agency, tasked with ensuring compliance with the Fair Housing Act, stepped in to investigate the complaint. Their role was to determine whether the denial of the request for an assistance animal constituted discrimination based on disability. HUD's actions underline the importance of federal oversight in ensuring that housing providers adhere to laws designed to protect the most vulnerable.

Understanding and Empathy in Housing

So, what does this case mean for the average American, and why should we care? At its core, it's a reminder of the ongoing need for understanding and empathy in our communities, especially in housing. For someone living with a disability, an assistance animal can be as vital as any medical equipment. Denying such a request isn't just a violation of a law; it's overlooking the basic needs of a fellow community member.

Building Inclusive Communities

This case is more than just a legal battle; it's a narrative about the challenges faced by individuals with disabilities in navigating housing policies. It serves as a call to action for housing providers to be more accommodating and for residents to be more aware of the rights of their neighbors. Building an inclusive community starts with understanding and respecting the needs of all its members, especially those who are most vulnerable.

This incident isn't just a lesson in legal compliance; it's a story about the importance of compassion and inclusivity in our communities. As we move forward, let's remember the key role empathy plays in creating a society where everyone, regardless of their abilities or needs, can find a place to call home.

How to file a Resident Concern

Navigating the process of handling fair housing complaints can be challenging. Whether you're a resident who believes your rights have been violated, or a property manager/owner responding to a complaint, it's essential to understand the appropriate steps to take This section provides a step-by-step guide for both parties

For Residents: Filing a Fair Housing Complaint

Identify the Issue: Recognize what aspect of your housing situation you believe violates fair housing laws. This could be discrimination based on race, color, religion, national origin, sex, disability, or familial status. 1.

2.

Gather Evidence: Collect any relevant information or documentation that supports your claim. This can include emails, rental agreements, witness statements, or any communication records.

Contact a Local Fair Housing Agency: Contact a local fair housing agency for guidance They can advise on whether you have a valid complaint and assist with the next steps 3.

4

File the Complaint: You can file a complaint with the US Department of Housing and Urban Development (HUD) online, by mail, or by phone Provide all necessary details and attach any supporting evidence

5

Cooperate with Investigations: Once your complaint is filed, HUD will investigate Cooperate fully with investigators, providing any additional information they request

For Property Managers/Owners: Addressing Fair Housing Complaints

1 Review the Complaint: Carefully review the details of the complaint Understand the specific allegations and the context in which they occurred

Take the Complaint Seriously: Acknowledge the complaint immediately Show the complainant that you take their concerns seriously and are committed to fair housing principles

2 Conduct an Internal Investigation: Gather information from your side Speak to staff members involved, review policies, and collect relevant documentation

3 Respond Appropriately: Based on your findings, take appropriate action This might involve rectifying the situation, changing policies, or providing training to staff

4 Cooperate with External Investigations: If the complaint is escalated to HUD or another agency, cooperate fully with their investigation, providing access to information and personnel as needed

6

5 Implement Changes if Necessary: If the complaint reveals issues in your operations, implement changes to prevent future incidents This could include policy revisions, staff training, or other measures to ensure compliance with fair housing laws

Handling fair housing complaints with seriousness, respect, and a commitment to fairness is crucial for both maintaining legal compliance and fostering a positive community environment.

Let’s be reasonable.

A key aspect of fair housing laws is the provision for reasonable accommodations and modifications, especially for residents with disabilities. This section aims to demystify these terms and explain how residents can request them.

What are Reasonable Accommodations and Modifications?

Reasonable Accommodations are changes or exceptions to rules, policies, practices, or services that allow a person with a disability an equal opportunity to use and enjoy a dwelling Examples include allowing a service animal in a no-pet building or providing a reserved parking spot closer to the entrance for a resident with mobility issues

Reasonable Modifications refer to physical changes made to a dwelling or common-use areas to accommodate a person with a disability These could include installing grab bars in a bathroom, lowering kitchen counters, or adding a ramp for wheelchair access

Reasonable Accommodations and Modifications

How to Request Reasonable Accommodations or Modifications

Step 1: Identify Your Need

Determine the accommodation or modification you need related to your disability It should address a functional limitation to help you use and enjoy your living environment

Step 2: Make a Written Request

While not always required, it's best to submit your request in writing to your landlord or property manager This creates a clear record of your request Include details about the accommodation or modification you are seeking and how it relates to your disability.

Step 3: Provide Necessary Information

Be prepared to provide information verifying your disability if it's not obvious and how the requested accommodation or modification will help. This does not mean you need to disclose your medical records or the specific nature of your disability.

Step 4: Await Response

Once you've submitted your request, the landlord or property manager should respond in a reasonable timeframe. They may not refuse a request if it is deemed reasonable and does not create an undue financial or administrative burden.

Step 5: Engage in Dialogue

If there are concerns or negotiations about the request, be open to dialogue. Sometimes, an alternative solution that is equally effective can be agreed upon.

Step 6: Implementation

If your request is approved, discuss the implementation. For modifications, clarify who will pay for the changes and how they will be carried out.

Understanding your right to reasonable accommodations and modifications is crucial for ensuring that your housing situation meets your needs. Property managers and landlords are required to comply with these requests, provided they are reasonable and don't impose undue hardship on the housing provider.

Fair Housing for Special Populations

Fair housing laws are designed to protect everyone, but certain groups often face unique challenges and discrimination in the housing market. This section of our newsletter focuses on these special populations – families with children, people with disabilities, and the elderly – discussing specific fair housing issues they may encounter and protections afforded to them.

Families with Children

Issue: Families with children sometimes face discrimination in housing, such as being steered away from certain properties or facing unreasonable rules regarding children.

Protection: The Fair Housing Act prohibits discrimination based on familial status. This means that housing providers cannot deny a family housing because they have children, nor can they impose different terms or conditions on families with children.

By Noah Schumacher Photography by Hannah Morales

You have the right to equal treatment when renting or buying a home

People with Disabilities

Issue: Individuals with disabilities may encounter barriers in housing, from physical obstacles in buildings to difficulties in obtaining reasonable accommodations or modifications

Protection: Fair housing laws require housing providers to make reasonable accommodations in rules, policies, or services and allow reasonable modifications to the dwelling or common use areas at the expense of the person with a disability, if necessary

The Elderly

Issue: The elderly often face challenges such as limited mobility, a need for accessible housing, and vulnerability to unfair housing practices due to a lack of awareness or resources

Protection: While the Fair Housing Act does not specifically protect against age discrimination, many states have laws that do Moreover, the Act's protections for people with disabilities often apply to the elderly, particularly concerning accommodations for mobility or health-related needs

Addressing These Issues

Awareness and Training: Property managers and owners should receive training on fair housing laws as they apply to these groups

Inclusive Policies: Develop and implement policies that are inclusive and consider the needs of these populations.

Communication: Encourage open dialogue with residents from these groups to understand their needs better and address any concerns proactively.

Accessibility: Regularly assess properties for accessibility and make necessary modifications to accommodate residents with mobility issues.

By understanding and addressing the specific needs and challenges faced by these populations, housing providers can ensure they are not only complying with fair housing laws but also fostering an inclusive and welcoming community for all residents.

Myth 1: Fair Housing Laws Only Protect Renters

Fair Housing Myths

Fair housing laws apply to renters, buyers, and anyone involved in housing transactions. This includes protections against discrimination in selling, renting, lending, and other housing-related activities.

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Fair housing is an essential right, yet it's surrounded by numerous myths and misconceptions. It's important to debunk these to ensure that everyone in the housing community understands their rights and responsibilities.

Myth 2: Private Landlords Can Discriminate at Will

Even private landlords must comply with fair housing laws They cannot discriminate against protected classes, even if they own a small number of rental units or live in the building they rent out

Myth 3: Fair Housing Laws Make it Impossible to Deny Any Tenant

Landlords can deny tenants for valid reasons such as poor credit history, insufficient income, or a history of disruptive behavior, as long as these criteria are applied equally to all applicants

Myth 4 Accessibility Requirements Apply Only to New Buildings

While it's true that newer buildings have more stringent accessibility requirements, all landlords must consider reasonable accommodations and modifications for tenants with disabilities, regardless of the building's age.

Myth 6: Complaints Are Rarely Taken Seriously

Myth 5

Fair Housing is Only About Race and Gender

Fair housing laws cover discrimination based on race, color, religion, national origin, sex, disability, and familial status Some states and localities include additional protected classes like sexual orientation, gender identity, age, and marital status

Fair housing complaints are taken very seriously by authorities. The U.S. Department of Housing and Urban Development (HUD) and other agencies thoroughly investigate complaints and take action when laws are violated

Myth 7: Fair Housing Laws Don’t Apply to Advertising

Housing advertisements must comply with fair housing laws. This means avoiding language that indicates preference, limitation, or discrimination based on protected characteristics.