FAIR HOUSING 101 FOR
SERVICE PROVIDERS
G R E AT E R N E W O R L E A N S FA I R H O U S I N G AC T I O N C E N T E R
& T H E A DVO C AC Y C E N T E R
GREATER NEW ORLEANS FAIR HOUSING
ACTION CENTER
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Enforcement
Education
Homeownership Protection
Policy
WHY FAIR HOUSING MATTERS
Fair Housing is a movement to end housing discrimination in America.
It is the fight for housing choice. We fight for housing choice because
it of ten dictates or at least has an ef fect on:
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School choice;
Job choice;
Neighborhood safety;
Access to transportation options;
Cost of living;
Access to healthcare and quality of options available;
Access to healthy food and recreation options;
Health outcomes;
Ability to build equity and financial stability.
THE FAIR HOUSING ACT
April 11 , 1968
THE FAIR HOUSING ACT
April 04, 1968
FAIR HOUSING ACT
7 Protected Classes
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Race
Color
Religion
National Origin
Sex (1974)
Familial Status (1988)
Disability (1988)
It is illegal to deny someone housing choice based on their
membership in a protected class.
SEXUAL ORIENTATION AND GENDER
IDENTIT Y
New HUD rule as of March, 2012:
 Clarifies definition of “family” in HUD program regulations with
LGBT inclusive language.
 Prohibits inquiries regarding the sexual orientation or gender
identity of an applicant or occupant.
 Prohibits discrimination on the basis of sexual orientation or gender
identification in HUD programs.
*Applies to private landlords who participate in the Housing Choice
Voucher Program (Section 8)
Though sexual orientation and gender identity are not protected
classes under the Fair Housing Act, discrimination based on these
factors is often sex discrimination.
FAIR HOUSING ACT
Protected Housing Transactions:
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Rental
Sales
Lending
Insurance
Zoning
Advertising
The Fair Housing Act also prohibits harassment based on
membership or perceived membership in a protected class, and
retaliation against anyone making a Fair Housing complaint,
whether or not their complaint is found to have merit.
INTENT VS. IMPACT
Legal precedent has long held that
policies having a disparate impact are
in violation of the Fair Housing Act
whether or not there was discriminatory
intent.
The Supreme Court affirmed this interpretation of the law
just this year in it’s decision in
Texas Department of Housing and Community Affairs v. The
Inclusive Communities Project
HARASSMENT
Sexual Harassment under the Fair Housing Act
 Quid Pro Quo
 Hostile Environment
 Sexual harassment could be considered housing
discrimination on the basis of sex under the Fair Housing Act
when it is an issue between a tenant and a landlord,
somebody who works for a landlord, or another tenant.
HARASSMENT
 A maintenance worker makes inappropriate sexual comments
to a tenant.
 An apartment manager of fers discounted rent or more rapid
maintenance service in exchange for sexual favors.
 Another tenant is sexually harassing a female tenant in a way
that makes her feel unsafe.
HARASSMENT
Other types of harassment could also be considered housing
discrimination under the Fair Housing Act.
 A tenant of color complains that another resident is using
racial epithets in her presence and that she feels threatened.
 A gay tenant complains that a maintenance worker often
makes derogatory comments about him being HIV positive,
when in fact he is not.
SALES, LENDING AND INSURANCE
 Steering: A 2006 Fair Housing Trends report by the National
Fair Housing Alliance showed an 87% rate of steering based
on race, religion, national origin and familial status .
 Redlining
 These types of discrimination can be hard to detect. Poor
customer service can be a red flag.
ZONING
 City or other government policies about housing, development
and land use
 Can violate the Fair Housing Act if they have treat housing
that will house a disproportionate number of protected class
members dif ferently than other housing OR if these policies
have a disparate impact on members of a protected class.
Examples of that might be:
• Restrictions on the number of unrelated individuals who can
live together
• Bans on multi-family housing
HOW THE FAIR HOUSING ACT PROTECTS
TENANTS
As a tenant, the Fair Housing Act protects you in multiple ways.
 Advertising
 Application Process & Screening Procedures
 Maintenance & Resident Relations
ADVERTISING & MARKETING
It is illegal under federal law for a housing
advertisement to contain language that is
discriminatory toward a protected group.
ADVERTISING & MARKETING
 Advertisements include:
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Online advertising
Signs in the front yard or neutral ground
Advertisements in the newspaper
Social Media
Utterances
ADVERTISING & MARKETING
ADVERTISING & MARKETING
An apartment complex advertises for “adult housing”, “student
housing”, and “active adult housing”. Each property looks
dif ferent, and has dif ferent amenities.
CASE STUDIES
“Nice, quiet, mature neighborhood”
“Extra deposit for children or pets”
“Single occupancy”
“Sorry, units are not accessible”
“Must be able to live independently”
“English Only!”
“No Section 8” or “Section 8 Welcome”
“Diverse neighborhood”
“Mostly Irish neighborhood”
“Predominantly African- American neighborhood”
“Christian family seeks tenant”
APPLICATION PROCESS & SCREENING
PROCEDURES
During the application process it’s important to:
1. Be treated the same.
2. Not feel a housing provider is making assumptions.
CASE STUDIES
A man calls to inquire about available units and the landlord
invites him to come visit the property. When he arrives, the
landlord notices that he has dif ficulty walking and uses a cane.
Because the landlord is worried about his safety, he decides to
only show the prospective tenant only ground floor units that
will not require him to climb stairs.
CASE STUDIES
 It is an apartment complex’s policy to run a criminal
background check on individuals who use Section 8 vouchers,
but not tenants who pay market -rate.
 A landlord decides to run a credit check on prospective tenant
Jones, but not prospective tenant Smith, because he is a
friend of the family.
 When you arrive at an apartment complex, the housing
provider decides to show you an apartment in a building that
is somewhat run down, although you were originally interested
in living in a dif ferent building of higher quality.
MAINTENANCE & RESIDENT RELATIONS
When it comes to resident relations it’s important for
a housing provider to:
1. Make sure all residents are treated the same
regardless of protected class status (except when a
person with a disability requests a reasonable
accommodation or modification.)
2. Ensure that residency rules are reasonable for the
use and enjoyment of all residents.
CASE STUDIES
An apartment complex has a policy
that tenants cannot display anything
outside of their units.
Soon after a new tenant moves in,
the complex staf f discover that they
have displayed a small decorative
object outside of their door.
RESIDENT RULES
An apartment complex has a “zero -tolerance” policy of violent
conduct. A female tenant is abused by her visiting ex -boyfriend,
and the following day receives an eviction notice from the
property management company for violating the policy.
LOUISIANA VIOLENCE AGAINST WOMEN
ACT
1. No lease can prevent tenants from calling emergency
assistance, or impose penalties if they do.
2. Survivors can’t be evicted solely because they experience
domestic violence.
3. Survivors can’t be denied housing solely on the basis of past
abuse.
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Survivors can terminate a lease early and move if they need
to without forfeiting a security deposit or other penalty .
*LAVAWA provides additional protections for federally funded housing
like public housing, housing choice vouchers, low income tax credit,
suppor ted housing for the elderly or people with disabilities, HOPWA*
FAIR HOUSING RIGHTS OF
PEOPLE WITH DISABILITIES
Susan Meyers, Advocacy Center
STATUTES THAT PROTECT AGAINST
DISABILITY DISCRIMINATION
Section 504 of the Rehabilitation Act
Covers programs receiving federal financial
assistance (including housing authorities)
Americans with Disabilities Act of 1990
Covers activities of public entities
Fair Housing Amendments Act of 1988
Covers housing providers
Louisiana Equal Opportunity Housing Act
Substantially equivalent to federal Fair Housing Act
SECTION 504
 Illegal to discriminate in any program or activity
“receiving Federal financial assistance ”
 Covers public housing & Section 8 project –based
housing
 Does not cover housing rented with tenant -based
voucher
ADA
 Public Accommodations (Title III) Applications
 Rental office in an apartment complex
 Housing that is not permanent, such as hotels and shelters
 Public Services (Title II) Applications
 Housing that receives assistance from local governments
DEFINITION OF DISABILITY
 Physical or mental impairment that substantially limits
one or more major life activities
 Having a record of an impairment
 Being regarded as having an impairment
1988 AMENDMENT TO THE FHA
 The Fair Housing Amendments Act . . .
repudiates the use of stereotypes and
ignorance, and mandates that persons with
handicaps be considered as individuals. . . .
1988 AMENDMENT TO THE FHA
(CONTINUED)
 The right to be free from housing discrimination is
essential to the goal of independent living.
H.Rep.No.100-711, 100 th Cong., 2d
Session, 18, reprinted in 1988 U.S. Code Cong. & Ad.
News, 2173, 2179 (footnote omitted).
THE AFFIRMATIVE DUTY OF
REASONABLE
ACCOMMODATION
ACCOMMODATION VS.
MODIFICATION
The terms “reasonable accommodation” and
“reasonable modification” are interchangeable terms
of art in other disability contexts. Under the Fair
Housing Act, they mean different things.
Accommodation: The alteration or change of a
rule, policy, practice, or service
Modification: The removal of physical barriers
ACCOMMODATIONS
 Reasonable
 Practical and feasible
 No undue administrative or financial burden
 No fundamental alteration in program
 Necessary
 Essential for the use/enjoyment of dwelling or access to the
program
 Handicapped
 Individual meets definition of disability
EXAMPLES OF REASONABLE
ACCOMMODATION
 Allowing applications to be mailed or faxed
 Visiting the applicant’s home to assist the applicant
with completing the application or conducting an
interview
 Allowing a secondary contact for communications from
the housing authority or landlord to the client and
sending notices to both the client and the secondary
contact
 Making exceptions to screening criteria regarding
criminal history based on disability -related
circumstances
 Accepting late rent payments or changing date rent is
due
 Allowing early termination of lease if housing is no
longer accessible
EXAMPLES OF REASONABLE
ACCOMMODATION
 Allowing a higher payment standard for an
accessible unit
 Allowing additional time for recertifications,
providing home visits for recertification, or
rescheduling recertification appointments
 Allowing voucher holders to rent from relatives
 Extending voucher search time
 Reinstating a voucher that was terminated for
cause, due to disability-related mitigating
circumstances
 Allowing a live-in aide
REQUESTS FOR
ACCOMMODATION
 Client requests
 Housing provider must respond
 If disability and need for accommodation obvious, should not
request further information
 May only request sufficient information to establish disability,
if not obvious
 Can’t request information on extent, nature
 May only request sufficient information to establish need for
accommodation, if not obvious
 If accommodation unreasonable under the law, housing
authority should attempt to find an alternate,
reasonable accommodation
REQUESTS FOR
ACCOMMODATION
 Do not have to be in writing or on a particular form
 Response should be given within a reasonable amount
of time
 Refusal to respond may be considered a denial of
accommodation
 Housing providers may not condition accommodation on
an extra fee or deposit
DIRECT THREAT EXCEPTION
 Nothing in this subsection requires that a dwelling be
made available to an individual whose tenancy would
constitute a direct threat to the health or safety of
other individuals or whose tenancy would result in
substantial physical damage to the property of others.
42 U.S.C. 3604(f)(9)
THE AFFIRMATIVE DUTY OF
REASONABLE MODIFICATION
MODIFICATION
 Physical Change
 Necessary
 Reasonable
REASONABLE
 Extent
 Location
 Nature
EXAMPLES OF
REASONABLE MODIFICATION
 Installing ramps
 Replacing doorknobs with levers
 Widening doorways
 Lowering kitchen cabinets
 Installing grab bars in a bathroom
REASONABLE MODIFICATION
RESPONSIBILITIES
 Tenant’s responsibility
 Payment
 Request modifications to rental unit and common use areas
 Security deposits
 Landlord’s responsibility in some cases, if
 Building receives federal assistance (§504)
 Unit built after 3/91
 Common use area for public accommodation (ADA)
MODIFICATION REQUESTS
 Tenant’s responsibility
 Request modification in writing with date
 Copy all correspondence
 Landlord’s approval required, but tenant has choice of
contractor
 Landlord entitled to details, description, assurances of
required permits, and reasonable restoration
RESTORATION OF MODIFICATIONS
 Required, if reasonable, to rental unit ’s interior
 Not required if no interference with use by another
tenant (e.g., widened doorways), if requested by next
tenant, or to common use areas
 Tenant pays for restoration
 In some cases, landlord may require an escrow
account
TIMELINES
HUD administrative complaint
statute of limitations: 1 year from
the date of the last discriminatory act
Lawsuit in state or federal court:
2 years from the date of the last discriminatory
act
HYPOTHETICALS
James is a young man who was diagnosed last year with
bipolar disorder. Before his diagnosis, James would act
out sometimes. He could no t keep a job and got into
fights. James has a criminal record that shows an
incident of shoplifting and a few convictions for simple
assault. Some of the arrests happened as recently as 18
months ago, but since James was diagnosed, he has been
taking medicine, has been able to keep a job, and has
not had any further run -ins with the police. He asks, as a
reasonable accommodation, that the leasing agent
disregard his criminal history. Should his request be
granted?
HYPOTHETICAL
Sherry has a child, Anna, with severe respiratory problems,
including asthma. After living in an apartment for a few
months, Anna began suffering from nose bleeds and her
asthma worsened. Sherry brought Anna to the doctor, and the
doctor wrote a letter indicating that the carpet in the
apartment caused Anna’s medical problems and heightened
her asthma symptoms. Sherry submitted the doctor ’s letter to
the apartment manager and informed the manager that she
and Anna would be moving out of the apartment prior to the
termination of the lease period. The manager refused to let
Sherry out of the lease without payment of a termination fee
and refused to return Sherry ’s rent deposit. What would be a
reasonable accommodation?
HYPOTHETICAL
Ann, a person with a mental illness, obtains an apartment
with the support of a case manager and a housing voucher.
Ann stops taking her medication, which makes her prone to
violence. Ann makes threatening gestures at other tenants
and threatens to hurt them. She also has an episode where
she damages some walls in her apartment. Ann's behavior
does not change after several warnings. The manager at
Ann's complex first considers whether any reasonable
accommodation can help Ann continue to live independently
at the complex. After the manager determines that Ann does
pose a direct threat to others and that there is no
reasonable accommodation that will alleviate the threat, she
evicts Ann. Is this okay?
HYPOTHETICAL
Jan, a person with a sight impairment, asks to be
transferred to an available second -floor unit in an
apartment complex because it has better light. The
manager refuses to rent the unit to Jan, because of the
fear that her disability makes it dangerous for her to live
on the second floor. Is this permissible?
HYPOTHETICAL
John rents one half of a double. He recently had an accident,
and is now unable to walk up the two stairs to the front porch.
John wants to remove the stairs and put in a ramp. Is this
allowed? What considerations is the landlord allowed to make
before granting John’s request?
Questions?
GREATER NEW ORLEANS FAIR HOUSING
ACTION CENTER
The materials in this presentation are for informational
purposes only and not intended to be legal advice. You should
contact an attorney to obtain advice with respect to any
par ticular issue or concern .
404 S. Jef ferson Davis Pkwy
New Orleans, LA 70119
(504) 596-2100
(877) 445 -2100
www.gnofairhousing.org