The Property Management Webinar Series Presents
Fair Housing Issues
Instructed by
Abby Lee,
Associate Counsel
August 21, 2013
Outline
I.
Fair Housing Act
i. History
ii. Purpose
iii. Protected classes and prohibited acts
iv. Advertising
v. Fair Housing Poster
vi. Exemptions
II.
Other Laws or Rules Affecting Fair Housing
III.
A Closer Look: Familial Status & Disability
IV.
Disparate Impact
V.
The Complaint Process
VI.
Frequently Asked Questions
Fair Housing Act:
History
 In 1968, Title VIII of the Civil Rights Act was passed (and
amended in 1988). It is more commonly known as the
Federal Fair Housing Act. The goal of the Act was to protect
the consumer from discrimination in all types of housing
transactions.
 At the federal level, the U.S. Dept. of Housing and Urban
Development (HUD) administers and enforces the Federal Fair
Housing Act.
 Texas also has the Texas Fair Housing Act, which is virtually
identical to the federal Act.
 At the state level, the Texas Workforce Commission, Civil Rights
Division administers and enforces the Texas Fair Housing Act
Fair Housing: Purpose
 What is the purpose?
 Federal Fair Housing Act –To provide, within constitutional limitations,
for fair housing throughout the United States. No person shall be
subjected to discrimination because of race, color, religion, sex,
handicap, familial status, or national origin in the sale, rental, or
advertising of dwellings, in the provision of brokerage services, or in the
availability of residential real estate-related transactions.
 Texas Fair Housing Act:
1) Provide for fair housing practices in the sate;
2) Create a procedure for investigating and settling complaints of
discriminatory housing practices; and
3) Provide rights and remedies substantially equivalent to those granted
under federal law.
Fair Housing: Protected
Classes & Prohibited Acts
 The Fair Housing Act prohibits discrimination in the sale and rental
of housing based on:
 Race,
 Color,
 National origin,
 Religion,
 Sex,
 Familial status, or
 Disability.
Fair Housing: Protected
Classes & Prohibited Acts
 Prohibited Acts - It is a violation of the Fair Housing Act :
 Refuse to rent or sell housing;
 Refuse to negotiate for housing;
 Make housing unavailable;
 Deny a dwelling;
 Set different terms, conditions, or privileges for sale or rental of a dwelling;
 Provide different housing services or facilities;
 Falsely deny that housing is available for inspection, sale, or rental;
 Engage in blockbusting practices; or
 Deny anyone access to or membership in a facility or service (such as
multiple listing service) related to the sale or rent of housing.
 Threaten, coerce, intimidate, or interfere with anyone exercising a fair
housing right or assisting others who exercise that right.
Fair Housing: Protected
Classes & Prohibited Acts
 Unlawful refusal to rent or negotiate for rental housing could
include:
 Failing to accept or consider a bona fide offer because of race, color, religion,
sex, disability, familial status, or national origin.
 Refusing to rent a dwelling to, or to negotiate the rental of a dwelling with,
any person because of race, color, religion, sex, disability, or national origin.
 Imposing different rental charges for the rental of a dwelling upon any person
because of race, color, religion, sex, disability, familial status, or national
origin.
 Using different qualification criteria or applications, or rental standards or
procedures, such as income standards, application requirements, application
fees, credit analysis or rental approval procedures or other requirements,
because of race, color, religion, sex, disability, familial status, or national
origin.
 Evicting tenants because of their race, color, religion, sex, disability, familial
status, or national origin or because of the race, color, religion, sex, disability,
familial status, or national origin of a tenant's guest.
Fair Housing: Protected
Classes & Prohibited Acts
 Discrimination in terms, conditions and privileges and in services
and facilities could include:
 Using different provisions in leases, such as those relating to rental
charges, security deposits and the terms of a lease, because of race,
color, religion, sex, handicap, familial status, or national origin.
 Failing or denying maintenance or repairs of rental dwellings because
of race, color, religion, sex, handicap, familial status, or national
origin.
 Failing to process an offer for the rental of a dwelling or to
communicate an offer accurately because of race, color, religion, sex,
handicap, familial status, or national origin.
 Limiting the use of privileges, services or facilities associated with a
dwelling because of race, color, religion, sex, handicap, familial status,
or national origin of an owner, tenant or a person associated with him
or her.
 Denying or limiting services or facilities in connection with the rental
of a dwelling because a person failed or refused to provide sexual
favors.
Fair Housing: Protected
Classes & Prohibited Acts
 Discriminatory representations on the availability could include:
 Indicating through words or conduct that a dwelling which is available
for inspection, sale, or rental has been sold or rented, because of race,
color, religion, sex, handicap, familial status, or national origin.
 Representing that covenants or other deed, trust or lease provisions
which purport to restrict the sale or rental of dwellings because of
race, color, religion, sex, handicap, familial status, or national origin
preclude the sale of rental of a dwelling to a person.
 Enforcing covenants or other deed, trust, or lease provisions which
preclude the sale or rental of a dwelling to any person because of race,
color, religion, sex, handicap, familial status, or national origin.
 Limiting information, by word or conduct, regarding suitably priced
dwellings available for inspection, sale or rental, because of race,
color, religion, sex, handicap, familial status, or national origin.
 Providing false or inaccurate information regarding the availability of
a dwelling for sale or rental to any person, including testers,
regardless of whether such person is actually seeking housing,
because of race, color, religion, sex, handicap, familial status, or
national origin.
Fair Housing: Protected
Classes & Prohibited Acts
 Blockbusting (or steering) could include:
 Engaging, for profit, in conduct (including uninvited solicitations for
listings) which conveys to a person that a neighborhood is undergoing
or is about to undergo a change in the race, color, religion, sex,
handicap, familial status, or national origin of persons residing in it,
in order to encourage the person to offer a dwelling for sale or rental.
 Encouraging, for profit, any person to sell or rent a dwelling through
assertions that the entry or prospective entry of persons of a
particular race, color, religion, sex, familial status, or national origin,
or with handicaps, can or will result in undesirable consequences for
the project, neighborhood or community, such as a lowering of
property values, an increase in criminal or antisocial behavior, or a
decline in the quality of schools or other services or facilities.
Fair Housing: Protected
Classes & Prohibited Acts
 Discrimination in the provision of brokerage services could include:
 Setting different fees for access to or membership in a multiple listing
service because of race, color, religion, sex, handicap, familial status,
or national origin.
 Denying or limiting benefits accruing to members in a real estate
brokers' organization because of race, color, religion, sex, handicap,
familial status, or national origin.
 Imposing different standards or criteria for membership in a real
estate sales or rental organization because of race, color, religion, sex,
handicap, familial status, or national origin.
 Establishing geographic boundaries or office location or residence
requirements for access to or membership or participation in any
multiple listing service, real estate brokers' organization or other
service, organization or facility relating to the business of selling or
renting dwellings, because of race, color, religion, sex, handicap,
familial status, or national origin.
Fair Housing: Protected
Classes & Prohibited Acts
 Other prohibited sale and rental conduct could include:
 Discouraging any person from inspecting, purchasing or renting a
dwelling because of race, color, religion, sex, handicap, familial status,
or national origin, or because of the race, color, religion, sex,
handicap, familial status, or national origin of persons in a
community, neighborhood or development.
 Discouraging the purchase or rental of a dwelling because of race,
color, religion, sex, handicap, familial status, or national origin, by
exaggerating drawbacks or failing to inform any person of desirable
features of a dwelling or of a community, neighborhood, or
development.
 Communicating to any prospective purchaser that he or she would not
be comfortable or compatible with existing residents of a community,
neighborhood or development because of race, color, religion, sex,
handicap, familial status, or national origin.
 Assigning any person to a particular section of a community,
neighborhood or development, or to a particular floor of a building,
because of race, color, religion, sex, handicap, familial status, or
national origin.
Fair Housing: Protected
Classes & Prohibited Acts
 Other prohibited sale and rental conduct could include, cont’d:
 Discharging or taking other adverse action against an employee,
broker or agent because he or she refused to participate in a
discriminatory housing practice.
 Employing codes or other devices to segregate or reject applicants,
purchasers or renters, refusing to take or to show listings of dwellings
in certain areas because of race, color, religion, sex, handicap, familial
status, or national origin, or refusing to deal with certain brokers or
agents because they or one or more of their clients are of a particular
race, color, religion, sex, handicap, familial status, or national origin.
 Denying or delaying the processing of an application made by a
purchaser or renter or refusing to approve such a person for
occupancy in a cooperative or condominium dwelling because of race,
color, religion, sex, handicap, familial status, or national origin.
 Refusing to provide municipal services or property or hazard
insurance for dwellings or providing such services or insurance
differently because of race, color, religion, sex, handicap, familial
status, or national origin.
Fair Housing: Protected
Classes & Prohibited Acts
 Prohibited interference, coercion, or intimidation could include:





Coercing a person, either orally, in writing, or by other means, to deny or
limit the benefits provided that person in connection with the sale or rental of
a dwelling or in connection with a residential real estate-related transaction
because of race, color, religion, sex, handicap, familial status, or national
origin.
Threatening, intimidating or interfering with persons in their enjoyment of a
dwelling because of the race, color, religion, sex, handicap, familial status, or
national origin of such persons, or of visitors or associates of such persons.
Threatening an employee or agent with dismissal or an adverse employment
action, or taking such adverse employment action, for any effort to assist a
person seeking access to the sale or rental of a dwelling or seeking access to
any residential real estate-related transaction, because of the race, color,
religion, sex, handicap, familial status, or national origin of that person or of
any person associated with that person.
Intimidating or threatening any person because that person is engaging in
activities designed to make other persons aware of, or encouraging such
other persons to exercise, rights granted or protected by this part.
Retaliating against any person because that person has made a complaint,
testified, assisted, or participated in any manner in a proceeding under the
Fair Housing Act.
Outline
I.
Fair Housing Act
i. History
ii. Purpose
iii. Protected classes and prohibited acts
iv. Advertising
v. Fair Housing Poster
vi. Exemptions
II.
Other Laws or Rules Affecting Fair Housing
III.
A Closer Look: Familial Status & Disability
IV.
Disparate Impact
V.
The Complaint Process
VI.
Frequently Asked Questions
Advertising
It is also illegal under the Fair Housing Act to advertise or make any
statement that indicates a limitation or preference based on race, color,
national origin, religion, sex, familial status, or disability.
 Examples:
 Using words, phrases, photographs, illustrations, symbols or forms which
convey that dwellings are available or not available to a particular group of
persons because of membership in a protected class.
 Expressing to agents, brokers, employees, prospective sellers or renters or any
other persons a preference for or limitation on any purchaser or renter
because of membership in a protected class.
 Selecting media or locations for advertising the sale or rental of dwellings
which deny particular segments of the housing market information about
housing opportunities because of membership in a protected class.
 Refusing to publish advertising for the sale or rental of dwellings or requiring
different charges or terms for such advertising because of membership in a
protected class
Advertising
 What words are considered acceptable?
 No drug users
 Senior discount
 Near church
 Traditional style
 Public transportation nearby  Traditional neighborhood
 No kids
 Single family home
 Kids welcome
 Single person
 Quiet neighborhood
 Newlyweds
 References required
 Gated community
 No smokers
 Able-bodied
 No handicap parking
 No migrant workers
 Family room
 Nationality
 Couples only
 # of children
 Merry Christmas
 # of bedrooms
 Nursery
 Pets limited to assistance animals
 No play area
 Se habla español
Advertising
 What words are considered acceptable?
 No drug users
 Senior discount
 Near church
 Traditional style
 Public transportation nearby  Traditional neighborhood
 No kids
 Single family home
 Kids welcome
 Single person
 Quiet neighborhood
 Newlyweds
 References required
 Gated community
 No smokers
 Able-bodied
 No handicap parking
 No migrant workers
 Family room
 Nationality
 Couples only
 # of children
 Merry Christmas
 # of bedrooms
 Nursery
 Pets limited to assistance animals
 No play area
 Se habla español
Fair Housing Poster
 A single-family dwelling (not being offered for sale or rental in
conjunction with the sale or rental of other dwellings): A real estate
broker, agent, salesman, or person in the business of selling or
renting, must post the poster at any place of business where the
dwelling is being offered for sale or rental.
 All other dwellings: Post at place of business AND at the dwelling (or
if multiple dwellings being offered for sale or rental, at the model
home instead of each individual dwelling. It must be posted at the
beginning of construction and maintained throughout the period of
construction.)
 Requirements:
 The poster must be prominently displayed so as to be readily
apparent.
 The poster must be 11” x 14” and contain…
Fair Housing Poster
Other Laws and Rules
Affecting Fair Housing
 The Fair Housing Act prohibits discrimination in the sale and rental
of housing based on race, color, national origin, religion, sex, familial
status, or disability. Other laws or rules may provide more protection:
1. Texas Real Estate Licensing Act (TRELA) § 1101.652(b)(32):
The commission may suspend or revoke a license issued under this
chapter or take other disciplinary action authorized by this chapter if
the license holder, while acting as a broker or salesperson discriminates
against an owner, potential buyer, landlord, or potential tenant on the
basis of race, color, religion, sex, disability, familial status, national
origin, or ancestry, including directing a prospective buyer or tenant
interested in equivalent properties to a different area based on the race,
color, religion, sex, disability familial status, national origin, or ancestry
of the potential owner or tenant.
Other Laws and Rules
Affecting Fair Housing
 The Fair Housing Act prohibits discrimination in the sale and rental
of housing based on race, color, national origin, religion, sex, familial
status, or disability. Other laws or rules may provide more protection:
2. Texas Real Estate Commission (TREC) Rule 535.19: No real
estate licensee shall inquire about, respond to or facilitate inquiries
about, or make a disclosure which indicates or is intended to indicate
any preference, limitation or discrimination based on the following:
race, color, religion, sex, national origin, ancestry, familial status, or
handicap of an owner, previous or current occupant, potential
purchaser, lessor, or potential lessee of real property. For the purpose
of this section, handicap includes a person who had, may have had, has,
or may have AIDS, HIV-related illnesses, or HIV infection as defined by
the Centers for Disease Control of the United States Public Health
Service.
Other Laws and Rules
Affecting Fair Housing
 The Fair Housing Act prohibits discrimination in the sale and rental of
housing based on race, color, national origin, religion, sex, familial
status, or disability. Other laws or rules may provide more protection:
3. Article 10, National Association of REALTORS® Code of
Ethics: REALTORS® shall not deny equal professional services to
any person for reasons of race, color, religion, sex, handicap, familial
status, national origin, or sexual orientation. REALTORS® shall not
be parties to any plan or agreement to discriminate against a person
or persons on the basis of race, color, religion, sex, handicap, familial
status, national origin, or sexual orientation.
REALTORS®, in their real estate employment practices, shall not
discriminate against any person or persons on the basis of race,
color, religion, sex, handicap, familial status, national origin, or
sexual orientation.
Other Laws and Rules
Affecting Fair Housing
 The Fair Housing Act prohibits discrimination in the sale and rental
of housing based on race, color, national origin, religion, sex, familial
status, or disability. Other laws or rules may provide more protection:
4. HUD Rules: Additionally, housing providers that receive HUD
funding, have loans insured by the Federal Housing
Administration, as well as lenders insured by FHA, may be subject
to HUD program regulations intended to ensure equal access of
LGBT persons, including protecting the additional classes of
sexual orientation and gender identity. Check with your HUD
program for details.
Other Laws and Rules
Affecting Fair Housing
 The Fair Housing Act prohibits discrimination in the sale and rental
of housing based on race, color, national origin, religion, sex, familial
status, or disability. Other laws or rules may provide more protection:
5. Local ordinances: Local city ordinances may provide more
protection by including additional classes like students, elderly, or
sexual orientation.
Fair Housing:
Exemptions
 The Fair Housing Act prohibits discrimination in most types
of housing, but there are exemptions.
 In some circumstances, the Act exempts:
1. Owner-occupied buildings with no more than 4 units,
2. Single-family housing sold or rented without the use of a
broker, and
3. Housing operated by organizations and private clubs
that limit occupancy to members.
Regardless of individuals who may be exempt from
complying under 1 or 2 above, they still must not
discriminate in any advertisement.
A Closer Look: Familial
Status and Disability
 Familial Status
 Define
 Exemption – Housing for older persons
 Occupancy Limits
 Keating Memorandum
 Disability/Handicap
 FHA v. ADA
 Define
 Reasonable accommodations
 Inquiries
 Hoarding
 Assistance Animals
 Reasonable modifications
A Closer Look: Familial
Status and Disability
Familial Status is defined as any family in which one or more
individuals (who have not attained the age of 18 years) live
with:
 A parent,
 A legal custodian, or
 A designee of the parent or legal custodian, with the
written permission of the parent or legal custodian.
Note: The protections against discrimination also apply to
any person who is pregnant or is in the process of
securing legal custody of an individual who has not
attained 18 years.
A Closer Look: Familial
Status and Disability
 Housing for older persons is exempt from the prohibition
against familial status discrimination if:
 HUD has determined that it is specifically designed
for and occupied by elderly persons under a federal,
state, or local government program,
 It is occupied solely by persons who are 62 years of
age or older, or
 It houses at least one person who is 55 years of age or
older in at least 80% of the occupied units, and
adheres to a policy that demonstrates an intent to
house persons who are 55 years of age or older which
can be verified.
A Closer Look: Familial
Status and Disability
 Occupancy limits can implicate fair housing laws because they
have the potential to have an effect on familial status.
Texas law provides a maximum number of adults that a landlord may
allow to occupy a dwelling, and that is three times the number of
bedrooms in the dwelling.

Adult means an individual 18 years of age or older.

Bedroom means an area of a dwelling intended as sleeping quarters. The term does
not include a kitchen, dining room, bathroom, living room, utility room, or closet or
storage area of a dwelling.
Exception: A landlord may allow an occupancy rate of more than 3
adults per bedroom:
1) To the extent that the landlord is required by a state or federal fair housing law to allow a
higher occupancy rate or
2) If an adult whose occupancy causes a violation of the occupancy limit is seeking
temporary sanctuary from family violence for a period that does not exceed 1 month.
A Closer Look: Familial
Status and Disability
 Occupancy limits can implicate fair housing laws because they
have the potential to have an effect on familial status.
HUD also provides some guidance on occupancy limits through a
document called the Keating Memorandum. The Keating
Memorandum (available on HUD’s website) is considered guidance
for governmental agencies in determining whether familial status
discrimination exists as it relates to occupancy limits .
Essentially, the memorandum states that a landlord’s occupancy
policy of two persons per bedroom is reasonable, however a number
of factors can rebut that determination, including the size and
number of bedrooms, the age of the children, and the configuration
of the unit.
A Closer Look: Familial
Status and Disability
 Example from Keating Memorandum of what HUD might
consider an unreasonable occupancy policy:
A Closer Look: Familial
Status and Disability
 Disability: Two federal statutes are implicated…
 FHA – The Fair Housing Act prohibits discrimination on
the basis of a disability in private properties.
 ADA – The Americans with Disabilities Act (ADA)
prohibits discrimination on the basis of a disability in
public buildings.
A Closer Look: Familial
Status and Disability
Disability or handicap means a person with physical or mental
impairment which substantially limits one or more of a
person’s major life activities; a record (history) of the
impairment; or being regarded as having the impairment.
 Major life activities means functions such as caring for one’s self,
performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
 The term does not include current illegal use or addiction to a
controlled substance, but could protect persons who are
recovering from substance abuse.
A Closer Look: Familial
Status and Disability
 It is unlawful to discriminate against any buyer or renter because of a
disability of:
 The buyer or renter;
 A person residing in or intending to reside in that dwelling after it is
sold, rented or made available; or
 Any person associated with the buyer or renter.
 Discrimination includes:
 A refusal to make a reasonable accommodation in rules,
practices, or services if necessary to afford the person equal
opportunity to use and enjoy a dwelling; and
 A refusal to permit, at the expense of the person having a disability, a
reasonable modification of existing premises occupied or to be
occupied by the person if the modification is necessary to afford the
person full enjoyment of the premises of a dwelling.
A Closer Look: Familial
Status and Disability
 It is unlawful to make an inquiry to determine whether any such person
has a handicap or to make inquiry as to the nature or severity of a
handicap.
 Exception: The Act does NOT prohibit the following inquiries, provided these
inquiries are made of all applicants, whether or not they have handicaps:
 Inquiry into an applicant's ability to meet the requirements of tenancy;
 Inquiry to determine whether an applicant is qualified for a dwelling
available only to persons with handicaps or to persons with a particular type
of handicap;
 Inquiry to determine whether an applicant for a dwelling is qualified for a
priority available to persons with handicaps or to persons with a particular
type of handicap;
 Inquiring whether an applicant for a dwelling is a current illegal abuser or
addict of a controlled substance;
 Inquiring whether an applicant has been convicted of the illegal manufacture
or distribution of a controlled substance.
A Closer Look: Familial
Status and Disability
 What is a reasonable accommodation?
 Reasonable accommodation is a change in rules, policies,
practices, or services that is feasible and practical under the
circumstances.

Example: Allowing a service animal in a property with a “no pets” policy.
 Reasonable accommodations are made at landlord’s expense.
 A landlord must grant a tenant’s request for a reasonable
accommodation unless:
 The request is unduly burdensome, a fundamental alteration of the
landlord's program, or there is another accommodation that is just
as reasonable; or
 The tenant poses a direct threat to the health or safety of other
residents or when the tenancy would result in substantial physical
damage to the property of others.
A Closer Look: Familial
Status and Disability
What kind of information can a housing provider request from
a person with an obvious or known disability who is requesting
a reasonable accommodation?
 A provider is entitled to obtain information that is necessary to evaluate if a
requested reasonable accommodation may be necessary because of a
disability. If the person’s disability is obvious, or otherwise known
to the provider, and if the need for the requested
accommodation is also readily apparent and known, then the
provider may not request any additional information about the
requester’s disability or the disability-related need for the
accommodation.
 If the requester’s disability is known or readily apparent to the
provider, but the need for the accommodation is not readily
apparent or known, the provider may request only information that is
necessary to evaluate the disability-related need for the accommodation.
A Closer Look: Familial
Status and Disability
If a disability is not obvious, what kinds of information may a housing
provider request from a person with a disability in support of a
requested accommodation?
 In response to a request for a reasonable accommodation, a housing provider
may request reliable disability-related information that (1) is necessary to verify
that the person meets the Act’s definition of disability (i.e., has a physical or
mental impairment that substantially limits one or more major life activities), (2)
describes the needed accommodation, and (3) shows the relationship between the
person’s disability and the need for the requested accommodation.
 Once a housing provider has established that a person meets the Act's definition
of disability, the provider's request for documentation should seek only the
information that is necessary to evaluate if the reasonable accommodation is
needed because of a disability. Such information must be kept confidential and
must not be shared with other persons unless they need the information to make
or assess a decision to grant or deny a reasonable accommodation request or
unless disclosure is required by law (e.g., a court-issued subpoena requiring
disclosure).
A Closer Look: Familial
Status and Disability
Reasonable accommodations & Assistance Animals:
What is an assistance animal?
An assistance animal is not a pet. It is an animal that works, provides assistance,
or performs tasks for the benefit of a person with a disability, or provides
emotional support that alleviates one or more identified symptoms or effects of a
person’s disability. Assistance animals perform many disability-related functions,
including but not limited to, guiding individuals who are blind or have low vision,
alerting individuals who are deaf or hard of hearing to sounds, providing
protection or rescue assistance, pulling a a wheelchair, fetching items, alerting
person to impending seizures, or providing emotional support to persons with
disabilities who have a disability-related need for such support.
What kind of training must an assistance animal have? None is required under
the FHA.
What kind of animals can be assistance animals? While dogs are the most
common type of assistance animal, other animals can also be assistance animals.
A Closer Look: Familial
Status and Disability
What is Hoarding?
• Excessive acquisition of possessions (and failure to discard them),
even if the items are worthless, hazardous or unsanitary.
• Acquisition of & failure to discard large number of possessions
• Living space sufficiently cluttered limiting activity
• Significant distress or impairment functioning caused by Hoarding
• Reluctance or inability to return borrowed items
Since hoarding may be a symptom of an underlying behavioral issue,
addressing this problem might include some form of reasonable
accommodation.
Does the direct threat exception apply?
A Closer Look: Familial
Status and Disability
 What is a reasonable modification?
Reasonable modification means any change to the public or
common use areas of a building or any change to a dwelling.

Example: Install grab bars in a bathroom, flashing lights when
someone rings the doorbell, etc.

Reasonable modifications are made at the tenant’s expense.



Exception: Under Texas law, if requested for or by a person with a
hearing-impairment disability, a smoke alarm must be capable of
alerting a hearing-impaired person in the bedrooms it serves, at
owner’s expense.
In certain situations, a landlord may condition
permission…
A Closer Look: Familial
Status and Disability
When reasonable, a landlord may condition permission for a
modification on the renter agreeing to:
1. Restore the interior of the premises to the prior condition if
reasonable to do so, reasonable wear and tear excepted.
2. Provide a reasonable description of the proposed modification, as well
as reasonable assurances that the work will be done in a workman-like
manner and that any required building permits will be obtained.
3. Pay into an interest bearing escrow account, over a reasonable
amount of time, a reasonable amount of money not to exceed the costs
of restoration, if necessary to ensure funds are available for
restoration. The interest accrues to the benefit of the tenant. An owner
cannot increase the security deposit.
Note: A resident cannot be charged for restoring common area
modifications.
A Closer Look: Familial
Status and Disability
 Design and construction requirements:
Buildings consisting of four or more dwelling units and that may have
one or more elevators that were first occupied after March 13, 1991,
must have at least one building on an accessible route (unless
impractical because of terrain) where:
• Public and common areas accessible to persons with disabilities
• Doors and hallways sufficiently wide enough to allow passage by
handicapped persons in wheelchairs;
• Accessible routes into and through each unit;
• Accessible light switches;
• Accessible electrical outlets, thermostats and other environmental
controls;
• Reinforcement in bathroom walls to allow later installation of grab
bars; and
• Usable kitchens and bathrooms that allow an individual in a
wheelchair to maneuver.
Outline
I.
Fair Housing Act
i. History
ii. Purpose
iii. Protected classes and prohibited acts
iv. Advertising
v. Fair Housing Poster
vi. Exemptions
II.
Other Laws or Rules Affecting Fair Housing
III.
A Closer Look: Familial Status & Disability
IV.
Disparate Impact
V.
The Complaint Process
VI.
Frequently Asked Questions
Disparate Impact
 HUD issued a final rule, which became effective March 18, 2013, stating
that the Fair Housing Act also prohibits practices with an unjustified
discriminatory effect, regardless of whether there was an intent to
discriminate.
 SCOTUS has agreed to hear the case Mt. Holly Gardens Citizens
in Action v. Mt. Holly to determine whether the Fair Housing
Act allows for a person to liable for discrimination even if he or
she had no intent to discriminate.
 The rule also establishes a standard for proving a discriminatory effect:
 The plaintiff first bears the burden of proving that a practice results in,
or would predictably result in, a discriminatory effect on the basis of a
protected characteristic.
 If the plaintiff proves this, the burden of proof shifts to the defendant to
prove that the challenged practice is necessary to achieve one or more of
its substantial, legitimate, nondiscriminatory interests.
 If the defendant satisfies this burden, then the plaintiff may still
establish liability by proving that the substantial, legitimate,
nondiscriminatory interest could be served by a practice that has a less
discriminatory effect.
The Complaint Process
 Avoiding fair housing complaints…
 Be neutral in any matters concerning the race, color,
national origin, religion, sex, familial status, or
handicapped status of an applicants.
 Treat applicants/tenants uniformly, unless the law
requires otherwise.
 Document everything
 Top Areas for Complaints:
 Application Process
 Evictions
The Complaint Process
 Who can file a complaint?
 An aggrieved person, meaning any
person who:
1) Claims to have been injured by a
discriminatory housing practice; or
2) Believes that such person will be injured
by a discriminatory housing practice that
is about to occur.
The Complaint Process
 What happens when a complaint is filed?
 HUD/TWC will notify the alleged violator of the complaint and permit that person to
submit an answer;
 HUD/TWC will investigate the complaint and determine whether there is reasonable
cause to believe the Act has been violated;
 During the complaint investigation, HUD/TWC will offer, if feasible, the
complainant and the respondent the opportunity to voluntarily resolve the complaint
with a conciliation agreement. Once the complainant and the respondent sign an
agreement, and HUD/TWC approves the agreement, HUD/TWC will no longer
pursue the complaint.
 What happens after a complaint investigation?

If, after investigating the complaint, HUD/TWC finds reasonable cause to believe
that discrimination occurred, it will inform the complainant and an administrative
hearing will be scheduled, unless the complainant or the respondent elect to have a
judicial determination.
The Complaint Process
 If an administrative law judge (ALJ) determines that a violation
occurred, a respondent can be ordered:
 To compensate the complainant for actual damages,
 To provide injunctive or other equitable relief, for example,
make the housing available to the complainant,
 To pay a civil penalty, and
 To pay reasonable attorney’s fees and costs.
If the complainant or the respondent choose to have the case decided in
Federal District Court, the Attorney General will file a suit and litigate it
on your behalf. Like the ALA, the District Court can order relief, and
award actual damages, attorney's fees and costs. In addition, the court
can award punitive damages.
Frequently Asked Questions
Is it a fair-housing violation if an ad says
"Walk to Central Market" or "Easy walk to
neighborhood schools"? Does this type of ad
discriminate against handicapped people?
Frequently Asked Questions
These ads would not appear to be violations of
fair-housing laws. HUD memoranda have
indicated that ads containing descriptions of
properties (great view, fourth-floor walk-up,
walk-in closets), services or facilities (jogging
trails), or neighborhoods (walk to bus stop) do not
violate the act.
Frequently Asked Questions
A prospective tenant inquires about the racial
makeup of the neighborhood. How should I
respond?
Frequently Asked Questions
“The Fair Housing Act prohibits me from
providing that information.”
Frequently Asked Questions
In advertising a rental property for a threebedroom home, which phrase is improper?
 Quiet neighborhood
 Near playground
 Single family home
 No kids
Frequently Asked Questions
I am a property manager. A prospective
tenant has submitted a rental application. A
criminal background check revealed that the
prospective tenant is a registered sex offender.
Can the property owner refuse to rent his
property based on the fact that the prospective
tenant is a registered sex offender?
Frequently Asked Questions
Yes. Sex offenders are not protected under the
Fair Housing Act.
Frequently Asked Questions
A prospective tenant learns from a neighbor
that the former tenant was infected with the
HIV virus. The prospective tenant contacts the
property manager to inquire about whether
this is true. Is the property manager required
to disclose such information?
Frequently Asked Questions
No. The Fair Housing Act prohibits agents from making unsolicited disclosures
concerning whether sellers or property occupants have tested positive for HIV
or have been diagnosed with AIDS. The TRELA states that licensees shall have
no duty to inquire about, make a disclosure related to, or release information
related to whether a previous or current occupant of real property had, may
have had, has or may have AIDS, HIV-related illness or HIV infection.
NAR provides guidance on how to respond by stating: “It is the policy of our
firm not to answer inquiries of this nature one way or the other since the firm
feels that this information is not material to the transaction. In addition, any
type of response by me or other agents of our firm may be a violation of the
federal fair housing laws. If you believe that this information is relevant to your
decision to buy/rent the property, you must pursue this investigation on your
own.”
Frequently Asked Questions
Due to a disability, a tenant requests a service
animal as a reasonable accommodation. Can
a property owner require the tenant to pay an
additional deposit as a condition for allowing
a service animal in the dwelling?
Frequently Asked Questions
No. The property owner cannot require the
tenant to pay an additional deposit as a
condition for allowing the service animal in the
dwelling. However, the tenant would still be
legally responsible for any damage caused by
such an animal.
Frequently Asked Questions
Same facts as previous question. Can the
property owner require the tenant to provide
documentation evidencing the need for a
service animal?
Frequently Asked Questions
Yes. The property owner is entitled to obtain information that is
necessary to evaluate if a requested reasonable accommodation may
be necessary because of a disability. If a person’s disability is obvious,
or otherwise known to the provider, and if the need for the requested
accommodation is also readily apparent or known, then the provider
may not request any additional information about the requester's
disability or the disability-related need for the accommodation.
If the requester's disability is known or readily apparent to the
provider, but the need for the accommodation is not readily apparent
or known, the provider may request only information that is necessary
to evaluate the disability-related need for the accommodation.
Frequently Asked Questions
A tenant has requested that she be allowed, as a
reasonable accommodation for her severe depression,
to have an emotional support animal in the property.
The animal she would like to bring in is a pit bull. I’ve
heard terrible things about pit bulls, like how
dangerous they are. Can I reject this request?
Frequently Asked Questions
Possibly, but not without an assessment of whether the accommodation is needed
and reasonable. After receiving such a request, the housing provider must consider:
(1) Does the person seeking to use and live with the animal have a disability — i.e., a physical or
mental impairment that substantially limits one or more major life activities?
(2) Does the person making the request have a disability-related need for an assistance animal?
If the answer to question (1) or (2) is "no," then the FHA do not require a modification to a
provider's "no pets" policy, and the reasonable accommodation request may be denied. If the
answers to questions (1) and (2) are "yes," the FHA require the housing provider to make a
reasonable accommodation to a "no pets" policy, unless doing so would impose an undue
financial burden or would fundamentally alter the nature of the housing provider's services. The
request may also be denied if: (1) the specific assistance animal in question poses a direct threat
to the health or safety of others that cannot be reduced or eliminated by another reasonable
accommodation, or (2) the specific assistance animal in question would cause substantial
physical damage to the property of others that cannot be reduced or eliminated by another
reasonable accommodation. Breed, size, and weight limitations may not be applied to an
assistance animal. A determination that an assistance animal poses a direct threat of harm to
others or would cause substantial physical damage to the property of others must be based on an
individualized assessment that relies on objective evidence about the specific animal's actual
conduct — not on mere speculation or fear about the types of harm or damage an animal may
cause and not on evidence about harm or damage that other animals have caused.
Frequently Asked Questions
Can I require a photo ID from an applicant?
Frequently Asked Questions
Yes, but only use a photo ID for the purpose of
conducting an actual verification of an
applicant’s identity and/or check on criminal
history, rental history, or credit history. Never
use the photo ID to discriminate against the
applicant who is a member of a protected class.
Be uniform and consistent. If you decide to
require photo ID from an applicant, you must
require it for ALL applicants.
Fair Housing Issues
Questions?
Fair Housing Issues
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• October 23 (Security Devices) & December 18
(Evictions)
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