FAIR HOUSING UNIT’S MISSION

FAIR HOUSING ACT FAIR HOUSING ACT TRAINING FOR TRAINING FOR

LANDLORDS AND LANDLORDS AND PROPERTY MANAGERSPROPERTY MANAGERS

David Cronin Jacksonville Area Legal Aid

Fair Housing Unit 126 West Adams StreetJacksonville, FL 32202

(904) 356-8371 ext. 327 [email protected]

•1

FAIR HOUSING FAIR HOUSING UNIT’S MISSIONUNIT’S MISSION

Advocate for victims of housing discrimination

Promote fair housing education and outreach

Ensure compliance with civil rights laws

•2

Highlights of the Highlights of the Fair Housing ActFair Housing Act

•3

Title VIII of the Civil Rights Act of 1968, as amended by

the Fair Housing Amendments Act of 1988

(the Fair Housing Act)

Title VIII of the Civil Rights Act of 1968, as amended by

the Fair Housing Amendments Act of 1988

(the Fair Housing Act)

RaceColorReligionSex

Handicap (disability)

Familial statusNational Origin

•4

• Federal Law• Applies to all 50 states

• Prohibits housing discrimination because of:

DEFINING DEFINING DISCRIMINATIONDISCRIMINATION

Any action in which an individual or a group of individuals who are members of a protected class is treated differently than others

Result of this action denies that individual or group equal access to or benefit of a housing opportunity

•5

FHA DEFINITIONS: FHA DEFINITIONS: DISABILITYDISABILITY

FHA DEFINITIONS: FHA DEFINITIONS: DISABILITYDISABILITY

While the laws use the word “handicap,” it’s use is no longer acceptable unless you are quoting the law

A person with a physical or mental impairment that substantially limits one or more major life activities;

A person with a record of such an impairment;

A person who is regarded as having such an impairment

•6

FHA DEFINITIONS: FHA DEFINITIONS: DISABILITY DISABILITY

Includes:◦ Hearing, mobility, speech, & visual impairments◦ Autism, cerebral palsy, epilepsy, muscular

dystrophy, multiple sclerosis, cancer, heart disease, diabetes

◦ Mental retardation and emotional illness◦ Developmentally disabled ◦ AIDS, AIDS related complex◦ Alcoholism and drug addiction*

However, housing need not be made available to a person who is a direct threat to the health or safety of others OR who is *currently addicted to illegal drugs

•7

FHA DEFINITIONS: FAMILIAL FHA DEFINITIONS: FAMILIAL STATUSSTATUS

FHA DEFINITIONS: FAMILIAL FHA DEFINITIONS: FAMILIAL STATUSSTATUS

Applies to:Persons under the age of 18 living with:

◦ A parent or legal custodian◦ The designee of a parent or custodian with written

permissionPregnant womenPersons in process of securing legal custodyDoes not cover

◦ Marital status◦ Sexual orientation

•8

HOUSING HOUSING FAMILIES: FAMILIES:

EXCEPTIONSEXCEPTIONSUnless a building qualifies as 55 or

62 plus housing, it cannot discriminate against a family with a child who is under 18 years old

Familial status is exempt from 55 or 62 plus housing but all other protected categories apply

•9

No Kids allowed

FHA DEFINITIONS: 55 & FHA DEFINITIONS: 55 & OVER HOUSINGOVER HOUSING

FHA DEFINITIONS: 55 & FHA DEFINITIONS: 55 & OVER HOUSINGOVER HOUSING

At least 80% of the occupied units are occupied by one person over age 55

Policies and procedures are put in place and publicly displayed identifying the composition of the other 20%

Age verification procedures are in effect

Any deviation from the policies and procedures will cause loss of designation

•10

DEFINITIONS: 62 AND OVER DEFINITIONS: 62 AND OVER HOUSINGHOUSING

DEFINITIONS: 62 AND OVER DEFINITIONS: 62 AND OVER HOUSINGHOUSING

All residents of the housing facility or development are aged 62 or over

•11

WHAT IS COVERED? WHAT IS COVERED?

Includes: Sales & rentals of single-family houses

or multi-family units Mobile home parksVacant land for sale or lease for

construction of residential housingMortgage lending Design & new construction Any other structures designed to house people

•12

WHO IS COVERED? WHO IS COVERED? WHO IS COVERED? WHO IS COVERED?

HUD or other Federally assisted housing providers

Private housing providersBuildersProperty management companiesReal estate agentsOwnersHomeowners associations

•13

WHO ELSE IS WHO ELSE IS COVERED?COVERED?

WHO ELSE IS WHO ELSE IS COVERED?COVERED?

Private individuals who interfere with protected rights

State and local units of government

LendersAppraisersInsurance companiesPublishersArchitects and builders

•14

WHO IS WHO IS NOTNOT COVERED? COVERED?WHO IS WHO IS NOTNOT COVERED? COVERED?

“For Sale by Owner”◦Single family homes sold or rented by

the owner who does not own more than 3 single family homes at one time if no real estate agent is used and if no advertising is used

“Mrs. Murphy”◦Dwellings with no more than 4 units if

the owner resides in the dwelling

•15

WHO IS NOT COVERED?WHO IS NOT COVERED?

Housing owned or operated by religious organizations for religious purposes (but only discrimination on the basis of religion is exempt)

Non-commercial housing by private clubs

•16

CLASSES CLASSES NOTNOT PROTECTED BY PROTECTED BY THE FHATHE FHA

GayLesbianBi-sexualTransgender

NOTE: while these classes are not protected under the FHA, HUD has made a rule effective March 15, 2012, that these individuals will not be discriminated against in any of HUD’s core programs.

•17

WHEN THESE CLASSES WHEN THESE CLASSES CANCAN FALL UNDER THE FHA FALL UNDER THE FHA

Examples from HUD:◦ A gay man is evicted because his landlord

believes he will infect other tenants with HIV/AIDS. This situation may constitute illegal disability discrimination under the FHA because the man is perceived to have a disability, HIV/AIDS.

◦ A property manager refuses to rent an apartment to a prospective tenant who is transgender. If the housing denial is because of the prospective tenant's non-conformity with gender stereotypes, it may constitute illegal discrimination on the basis of sex under the FHA.

•18

FHA AND THE VIOLENCE FHA AND THE VIOLENCE AGAINST WOMEN ACT AGAINST WOMEN ACT

(VAWA)(VAWA)VAWA was enacted in part to protect domestic

violence victims from eviction, denial of housing, or termination of assistance on the basis of the violence perpetrated by their abusers

Victims often face discrimination because of their rental history based on the acts of their abusers

Most individuals that experience domestic violence are women and many of those women fall into a particular race or national origin

Thus, victims of domestic violence may also have a cause of action for discrimination under the FHA

•19

HOW VAWA APPLIESHOW VAWA APPLIESWomen who have experienced violence in their

home by an abuser (husband, boyfriend, or stalker) cannot have this used as a basis for denial of assistance or admission to public or Section 8 tenant-based and project-based assisted housing

Threats of abuse are not considered serious or repeated violations of her lease or as “good cause” for termination

The same applies for abuse against a member of the tenant’s household or a guest or other person under the tenant’s control

VAWA does not protect women in private housing

•20

WHAT IS ACCEPTABLE WHAT IS ACCEPTABLE UNDER VAWA?UNDER VAWA?

Landlords and property managers can request certification from a tenant indicating that she is a victim of domestic violence, dating violence, or stalking, and that they are protected under VAWA

Forms can be obtained from HUD, but third party documents such as police reports or court records are also acceptable

•21

IT IS ILLEGAL TO:IT IS ILLEGAL TO:

Threaten, coerce, or

interfere with anyone who is

exercising a fair housing

right or who is assisting

someone who is exercising

that right!

•22

PROHIBITED PRACTICES PROHIBITED PRACTICES UNDER THE FHA: UNDER THE FHA:

Refuse to rent, sell or negotiate for housing

Make housing unavailable or deny dwelling

Set different terms, conditions or privileges for the sale or rental of a unit OR for eviction

Deny housing is available for sale, rental, inspection

Blockbusting

Using different qualification procedures/criteria

Deny access to a facility or service related to the sale/rental of housing

•23

IT IS ALSO ILLEGAL TO:IT IS ALSO ILLEGAL TO:Advertise or make any statement that

indicates a limitation/preference

based on race, color, national origin,

religion, sex, familial status, or

disability - applies to all housing

otherwise exempt from the Act

Inquire into the nature or severity of

a person’s disability

•24

ACCEPTABLE ACCEPTABLE QUESTIONS:QUESTIONS:

What accessibility features does the individual need to make the dwelling unit or area accessible for her/him

Prior criminal record/history

Employment history

Current salary

Rental history

•25

MORE UNLAWFUL MORE UNLAWFUL PRACTICESPRACTICES

MORE UNLAWFUL MORE UNLAWFUL PRACTICESPRACTICES

Refuse to permit reasonable accommodations for persons with disabilities

Refuse to make reasonable modifications for persons with disabilities

Fail to design and construct accessible/adaptable housing

•26

REASONABLE REASONABLE ACCOMMODATIONS ACCOMMODATIONS

AND AND REASONABLE REASONABLE

MODIFICATIONSMODIFICATIONS

•27

REASONABLE REASONABLE ACCOMMODATION ACCOMMODATION

It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodation may be necessary to afford a resident with disabilities equal opportunity to use and enjoy a dwelling unit or common area

Tenant/homeowner has the responsibility to request the accommodation from the housing provider

Request may be made by a relative or friend

If the request is reasonable, it must not be refused •2

8

REASONABLE ACCOMMODATION: REASONABLE ACCOMMODATION: EXAMPLESEXAMPLES

Allowing service animal(s)* Assigning a parking spaceReading notices or providing notices in

Braille, large print, or audio tapeProviding the rental agreement, sales

agreement, and other notices in clear and simple terms

Providing a reminder at the beginning of the month that rent is due

*NOTE: Service animals are not considered pets. Fees or deposits may not be charged.

•29

WHEN IS AN WHEN IS AN ACCOMMODATION ACCOMMODATION UNREASONABLE?UNREASONABLE?

Request is not reasonable if it:◦ Imposes an undue financial and administrative

burden on the housing provider; OR◦ Fundamentally alters the nature of the housing

provider’s operations

There must be an identifiable relationship or nexus

Decision should be made on a case-by-case basis

Alternative accommodation may be acceptable◦ Should be discussed when initial accommodation is

found to be unreasonable •30

HUD SCENARIO ON HUD SCENARIO ON REASONABLENESSREASONABLENESS

Example:◦ Tenant has a mobility impairment and cannot

open the dumpster, so he requests the housing provider send a member of the maintenance staff to his apartment daily to collect his trash. The housing development is a small operation and does not have the staff to provide such a service, which may make this request an undue financial or administrative burden. However, instead of just denying the request, the housing provider should discuss an alternative accommodation, such as providing an open trash bin outside the tenant’s unit which the maintenance staff can dispose of a few times per week. Notice there is a relationship/nexus between the

mobility impairment and the tenant’s ability to dispose of his trash

•31

WHAT IS A REASONABLE WHAT IS A REASONABLE MODIFICATION?MODIFICATION?

A structural change made to existing premises;

Either occupied or will be occupied by a person with a disability;

In order to afford the disabled person with full enjoyment of the premises

Applies to the interior and exterior of dwelling units AND common use areas

•32

REASONABLE REASONABLE MODIFICATION: EXAMPLESMODIFICATION: EXAMPLES

Widening DoorwaysAllowing a ramp to be builtAllowing installation of grab bars in the

bathroomAllowing the removal of carpet from

the floors of the unitAllowing installation of a door bell

flasherLowering kitchen cabinets to a height

suitable for a person in a wheelchair•33

WHEN SHOULD A WHEN SHOULD A REASONABLE MODIFICATION REASONABLE MODIFICATION

BE GRANTED?BE GRANTED?There must be an identifiable

relationship or nexus between the requested modification and the individual’s disability

Without this relationship, the housing provider may refuse to allow the modification

•34

HUD SCENARIOS ON NEXUSHUD SCENARIOS ON NEXUSExample 1

◦ Tenant has arthritis and requests to replace doorknobs with levers because her arthritis impairs her ability to grip a knob. There is a sufficient nexus/relationship between the

disability and the requested modification AND the modification is reasonable

Example 2◦ Homeowner with a mobility impairment

requests the HOA change his shaker shingles to clay tiles and fiberglass shingles because these shingles are more fireproof and would allow him more time to escape if there was a fire. There is no nexus/relationship between the disability

and the request AND the modification is not reasonable

•35

DUTY OF THE HOUSING DUTY OF THE HOUSING PROVIDERPROVIDER

Housing providers must:Allow reasonable modifications to dwelling

units & common use areas (at the tenant’s expense) if the modification is necessary for the disabled person to use the housing or common use area

Housing providers may:Require the tenant to pay into an escrow

account the cost of restoring the unit to its original condition prior to modification if the modification will interfere with the next tenant’s use and enjoyment of the premises

•36

RESTORATION AFTER A RESTORATION AFTER A MODIFICATIONMODIFICATION

Escrow Account Practices◦ The amount requested must be reasonable

and related to the necessary repair◦ Any interest that accrues is for the benefit

of the tenant

Housing providers may only require restoration of modifications made to interiors of the dwelling unit

•37

WHO IS RESPONSIBLE FOR WHO IS RESPONSIBLE FOR COSTS?COSTS?

Reasonable Accommodation◦Under the FHA, the housing provider is

responsible for the costs associated w/ a reasonable accommodation

Reasonable Modification◦Under the FHA, the tenant is responsible

for the costs associated with a reasonable modification

◦Maintenance Exterior modification (common area normally

maintained by the housing provider) Usually the housing provider’s responsibility

Interior modification or one used only by the requester The tenant is responsible •3

8

WHO IS RESPONSIBLE FOR WHO IS RESPONSIBLE FOR COSTS?COSTS?

Section 504◦Projects that receive Federal

financial assistance◦Landlord is responsible for ALL

costs Except when the change will result in an

undue financial or administrative burden

•39

ACCEPTABLE ACCEPTABLE QUESTIONSQUESTIONS

A housing provider may not:◦ Inquire into the nature and severity of the

disabilityA housing provider may:

◦ Request reliable disability-related information, unless the disability is obvious or otherwise known to the housing provider Necessary to verify the person is covered by the FHA Describes the need of the modification Shows the relationship between the disability and the

need

◦ Information may be provided by The individual herself A reliable third party who is in the position to know A doctor or medical professional

HOWEVER, medical records typically are not needed •40

•41

FHA DESIGN AND FHA DESIGN AND CONSTRUCTION CONSTRUCTION REQUIREMENTSREQUIREMENTS


DESIGN AND DESIGN AND CONSTRUCTION CONSTRUCTION REQUIREMENTSREQUIREMENTS

Applies to ALL:◦ Newly-constructed multi-family housing ◦ Consisting of four or more dwelling units ◦ Built for first occupancy after March 13,

1991

What type of units does it apply to? ◦ ALL units in buildings with an elevator◦ ALL ground-floor units in buildings without an

elevator ◦ Covers:

Condos, garden apartments, dormitories, vacation timeshares, homeless shelters •4

2


7 FHA Design Requirements◦ 1) Accessible Entrance on an Accessible

Route◦ 2) Accessible Public and Common Use Areas◦ 3) Usable Doors◦ 4) Accessible Routes Into and Throughout

the Dwelling◦ 5) Accessible Switches and Controls◦ 6) Reinforced Walls ◦ 7) Usable Bathrooms and Kitchens

•43

1) ACCESSIBLE ENTRANCE 1) ACCESSIBLE ENTRANCE ON AN ACCESSIBLE ROUTEON AN ACCESSIBLE ROUTE

All entrances typically used by residents for entering the building must be accessible

Office Entrance:◦Must have accessible parking that

connects to an accessible path◦Clear, readable, high-contrast signs◦Office door must have:

Low or no threshold Clear opening no less than 32” wide Easy to grip door handle (lever)

•44

1) ACCESSIBLE ROUTE1) ACCESSIBLE ROUTE

Continuous and unobstructed Connects accessible elements

throughout site Can be maneuvered by someone in a

wheelchair Must be at least 36” wideCannot include stairsConnects dwelling unit to:

◦Public transportation◦Public sidewalks◦Accessible parking◦Passenger loading zones

•45

2) ACCESSIBLE COMMON USE 2) ACCESSIBLE COMMON USE AREASAREAS

ALL common use areas must be located along an accessible path

Includes pools, playgrounds, tennis courts, community gardens, etc.

Dumpster must be accessible Mailboxes must be accessible and

reachable for a seated personSidewalks must also have an accessible

path leading from accessible parking

•46

3) USABLE DOORS3) USABLE DOORSWithin the dwelling unit

◦ Referred to as usable doors◦ 32” nominal clear opening◦ Must have low or no threshold◦ Should have lever pull handles but not

required

In public and common use spaces AND primary entrance to the dwelling unit◦ Referred to as accessible doors◦ Must have a 32” nominal clear opening◦ Standards are more strict

•47

4) ACCESSIBLE ROUTE 4) ACCESSIBLE ROUTE THROUGHOUT UNITTHROUGHOUT UNIT

Accessible Route must be 36” wide throughout the unit

Path must: ◦ Pass through the main entrance ◦ Continue through all rooms ◦ Adjoin required clear floor spaces in kitchen

and bathroom fixtures◦ Connect w/ all secondary doors

Interior doorways must be 32” wideHallways must be 36” wide

•48

5) ACCESSIBLE SWITCHES & 5) ACCESSIBLE SWITCHES & CONTROLSCONTROLS

Covered Items:Thermostats and other heating,

air-conditioning, and ventilation mechanisms

Ceiling fansElectrically operated skylightsLight switchesElectrical outlets

•49

SWITCHES & CONTROLS: SWITCHES & CONTROLS: LOCATIONLOCATION

Light, fan, thermostat, & other switches/controls◦ No higher than 48” from the finished

floor; reachable if seated

Wall outlets ◦ No lower than 15” from the finished floor

Electrical outlets over cabinets must be at least 36” from the corner

Best switches◦ Rocker, toggle, or touch sensitive

•50

CONTROLS & SWITCHES: CONTROLS & SWITCHES: EXCEPTIONSEXCEPTIONS

Controls and Switches NOT covered by the FHA◦ Controls on appliances◦ Garbage disposals ◦ Duplicate/comparable controls or switches◦ Circuit breakers or electrical outlets

dedicated to individual appliances◦ Emergency interrupt switches to mechanical

systems such as furnaces and water heaters

•51

6) REINFORCED WALLS FOR 6) REINFORCED WALLS FOR GRAB BARSGRAB BARS

Will not be visible because it is behind the wall

Walls must be sufficiently strong to allow for future installation of grab bars◦ Around the toilet facility

Either next to or behind

◦ Around the tub and/or shower stall area

No requirement for specific types or sizes of grab bars

•52

7) USABLE BATHROOM7) USABLE BATHROOMMust be located on an accessible route Door must have a 32” clear nominal openingMust have reinforced walls for grab bar

installationMust have sufficient maneuverable space

inside bathroom◦ Minimum of 30” by 48” of clear floor space

outside the swing of door when open at 90 degreesAccessible switchesLever or push-pull handles preferred for sink

and tub and/or shower

•53

7) USABLE KITCHEN7) USABLE KITCHENMust have sufficient clear floor space

◦ 36” wide accessible route throughout kitchen◦ Must have a 30” by 48” clear floor space at

each kitchen appliance/fixture

Cabinet/countertop depth may not exceed 24”

Switches, outlets, and controls must be accessible

Electrical outlets over cabinets must be at least 36” from the corner

Kitchens with islands and U-shaped kitchens have additional requirements

•54

COMMON COMMON OUTDOOR OUTDOOR

VIOLATIONSVIOLATIONS

•55

ACCESSIBLE PATH ACCESSIBLE PATH OBSTRUCTIONSOBSTRUCTIONS

Accessible routes cannot be obstructed or interrupted by legally parked cars -> striped

access aisle needed (see next slide for example)

•56

MAILBOXESMAILBOXES

•Path obstructed by parking spot from both access areas

•Not connected to accessible route from sidewalk

•Handicap parking space added

•Access aisle to accessible route added

•Connects mailboxes to accessible route from sidewalk

AccessiblAccessible paths e paths addedadded

Striped Striped access access aisleaisle

•57

RAMP VIOLATIONSRAMP VIOLATIONS

•Ramps should connect to an accessible route

•Steep ramps require a handrail

•58

WHAT HAPPENS WHAT HAPPENS WHEN THERE’S WHEN THERE’S

BEEN A VIOLATION?BEEN A VIOLATION?

•59

FAIR HOUSING FAIR HOUSING COMPLAINTSCOMPLAINTS

FIRST: An individual or organization (complainant) files a complaint with HUD◦Who are the parties involved?◦What happened to cause the alleged

violation?◦When did it happen?

Was the complaint filed timely?◦Where did it happen?

•60

THE PRELIMINARIES: THE PRELIMINARIES: INTAKEINTAKE

THE PRELIMINARIES: THE PRELIMINARIES: INTAKEINTAKE

If HUD feels a housing discrimination did take place:◦HUD files a formal complaint and the

parties are notified and given a copy◦The respondent (party accused of the

violation) has 10 days to file an answer to the complaint

•61

THE INVESTIGATIVE THE INVESTIGATIVE PROCESSPROCESS

THE INVESTIGATIVE THE INVESTIGATIVE PROCESSPROCESS

Respondents will be asked to respond to questions and to produce documents

Complainants and respondents are interviewed

Witnesses for both sides are interviewed

On site reviews may occurComparative data is assessedSome complaints are closed

administratively because the complainant cannot be located, will not cooperate, or will choose to withdraw their complaint

•62

TIME: WHAT THE LAW TIME: WHAT THE LAW SAYSSAYS

HUD must investigate the complaint within 100 (calendar) days, unless factors render completion within 100 days impracticable

•63

CONCILIATION CONCILIATION CONCILIATION CONCILIATION The parties are invited to engage in conciliation/settlement discussions at any time after the filing of the complaint

A complaint may be successfully resolved informally through a written conciliation or enforcement agreement

If an agreement is reached but is later breached, non-breaching party may file suit for enforcement

•64

CONCILIATION CONCILIATION PROCESSPROCESS

Pursued to the greatest extent feasible Begins when the Complainant files and

HUD accepts the complaintEnds with completion of investigation:

◦ Counsel files charge of discrimination, or◦ FHEO dismisses the complaint due to a

finding of no cause

•65

COMPLETED COMPLETED INVESTIGATIONINVESTIGATION

A final investigative report that contains:◦ Names and dates of contacts with

witnesses◦ Summary and dates of correspondence and

contacts with aggrieved person and respondent

◦ Summary description of documents and records

◦ Summary of witness statements◦ Answers to interrogatories

•66

HUD’S DECISIONHUD’S DECISION

Reasonable Cause Belief that a

discriminatory housing practice has occurred or is about to occur

Result:◦ HUD issues a

charge on behalf of the aggrieved person

No Reasonable Cause

Belief that a discriminatory housing practice has not occurred or is about to occur

Result:◦ HUD dismisses

complaint

•67

WHAT HAPPENS NEXT: WHAT HAPPENS NEXT: ELECTIONELECTION

Any party may elect Federal District Court

All parties are served

notice of election within 20 days after service of the charge

US Attorneys Office assumes responsibility

All parties waive electionHUD Office of General

Counsel assumes responsibility

Charge tried before a HUD Administrative Law Judge (ALJ)

•68

PENALTIESPENALTIES

ALJActual damagesEquitable reliefCivil penaltiesUp to $11,000 for 1st

offenseUp to $25,000 for 2nd

offense in 5 yearsUp to $50,000 for 3rd

offense in 7 years

FDCPreventive

(injunctive) reliefAppropriate relief

◦ Monetary damages◦ Punitive damages

Civil penalties◦ Up to $50,000 for 1st

violation◦ Up to $100,000 for

any subsequent violation

•69

REMEMBER:REMEMBER:Responsibility to comply is

NON-DELEGABLE

Establish and implement a Fair

Housing Policy

Schedule regular fair housing training

Have employees and independent

contractors sign a fair housing

pledge indicating they understand the

provisions of the Fair Housing Act, and

agree to comply. •70

Answers to the Answers to the Fair Housing Fair Housing

QuizQuiz

•71

1) Name the 7 protected classes◦Race◦Color◦Religion◦Sex◦Handicap (disability)◦Familial Status◦National Origin

•72

2) Check all the following who are or can be covered by the FHA

◦ _x_ HUD or other Federally assisted housing providers◦ _x_ Private housing providers◦ ___ Single family homes rented by owner where the

owner owns 3 or less homes◦ _x_ Property management companies◦ _x_ Real estate agents◦ _x_ Home owners associations◦ ___ An owner of a 4 unit building where the owner lives

in one of the units◦ _x_ Lenders◦ ___ Housing owner or operated by religious organizations

for religious purposes◦ ___ Non-commercial housing by private clubs◦ _x_ Insurance Companies

•73

3) The Fair Housing Act Applies to residential mutli-family dwellings of 4 or more units built for first occupancy after March 13th, 1991.

4) Making changes to rules, policies, or services is considered a reasonable accommodation.

5) Making structural changes to a dwelling unit or common use area is considered a reasonable modification.

•74

6) Name some examples of acceptable questions to ask potential tenants when leasing a unit:

◦Employment history◦Current salary ◦Rental history◦Prior criminal record/history◦What accessibility features does that individual need to make it accessible for them

•75

7) What are some examples of disabilities under the Fair Housing Act?

◦Physical or mental disability includes: Hearing, mobility, & visual impairments Chronic alcoholism Chronic mental illness Developmentally disabled AIDS, AIDS related complex

•76

8) Who is responsible for the cost of making a reasonable modification?◦The tenant under the FHA; Landlord under

Section 5049) May you charge a pet fee for a

disabled person who makes a reasonable request for a service animal?◦No.

10) Must you provide housing to a person in a protected class who is a direct threat to the health or safety of others?◦No. •7

7

QUESTIONS?QUESTIONS?QUESTIONS?QUESTIONS?More Information:

◦HUD’s Website http://www.hud.gov:80/offices/fheo/index.

cfmJacksonville U.S. HUD Office of Fair Housing

◦904-232-1241HUD forms and Handbooks

◦800-767-7468◦TDD 800-877-8339◦www.hud.gov

Fair Housing Logo can be down loaded from:◦http://www.hud.gov/groups/fairhousing.cfm

•78

Documents

FAIR HOUSING UNIT’S MISSION