Fair Housing For ConsumersFair Housing For Consumers

[Presenter’s Name]

Human Relations Specialist

N.C. Human Relations Commission

www.doa.nc.gov/hrc

AgendaAgenda Agency overview and mission Definition of housing discrimination Protected & non-protected classes Laws prohibiting discrimination Examples of discriminatory housing practices How are complaints processed? Possible remedies Responsibilities and Rights

Landlord Tenant

Mission of the Human Relations Mission of the Human Relations CommissionCommission

To provide services and programs aimed at improving relationships among all citizens of the state, while seeking to

ensure equal opportunities in the areas of employment, housing, public

accommodations, recreation, education, justice and governmental services

General functions of the Human Relations General functions of the Human Relations CommissionCommission

Enforce the NC Fair Housing Act through the investigation of housing discrimination complaints

Provide referrals for public accommodation and employment issues

Conduct outreach to public and private entities about fair housing, civil rights laws and human relations issues

General functions of the Human Relations General functions of the Human Relations CommissionCommission

Push for stronger policies and laws against discrimination

Offer resources for the resolution of community conflicts and to victims of hate crimes

Definition of housing Definition of housing discrimination:discrimination:

The act of treating someone differently in a housing

transaction on account of race, color, sex, religion,

national origin, families with children and handicap.

Current laws prohibiting fair Current laws prohibiting fair housing discriminationhousing discrimination

Title VIII – Federal Fair Housing Act

Prohibits discrimination in a real estate transaction based on race, color, sex, religion,

national origin, familial status or handicap

State Fair Housing Act - Chapter 41A

Prohibits discrimination in a real estate transaction based on race, color, sex, religion,

national origin, familial status or handicap

G.S. 93a – Real Estate Licensing Law

Any conduct by a broker or salesman which violates the State Fair Housing Act constitutes

a violation of the Real Estate License Law.

Housing covered by law:Housing covered by law:

Houses for sale or rent Apartments for sale or rent Mobile homes for sale or rent Beach rentals Time-shares Vacant lots (residential use only)

Land useLand use Land use planners, such as zoning boards,

cannot discriminate based on the seven protected classes, or, with some exceptions, because a development or plan may contain affordable housing

State Fair Housing Act, N.C. General Statute § 41A-4(g)

Protected and non-protected clasesProtected and non-protected clases

Protected Classes Race Color Religion Sex National origin Handicap Family with children

(Familial Status)

Non-protected Classes

Marital status Students Sexual orientation Income Age

Familial Status 1988 Amendments prohibit discrimination

against:

– families with children under age 18

– pregnant women

– the designee of the parent or other person having custody, provided the designee has the written permission of the parent or other person

Examples of violationsExamples of violations Refusing to rent to families with children

or to families based on the number of children they have

Segregating families with children to a certain part of the complex, building, or floor

Having unreasonable safety rules and policies targeted towards children

Charging different security deposits for families with children

Definition of Handicap

With respect to a person, a physical or mental impairment which substantially

limits one or more major life activities; a record of such an impairment; or a

person being regarded as having such an impairment.

*Federal Register, Vol. 54, No. 13, Monday , January 23, 1989, Rules and Regulations.

Major life activities includeMajor life activities include::

Self-care Manual tasks Walking Breathing Seeing Hearing Speaking Learning Working

Handicap RequirementsHandicap Requirements

Multifamily housing built after March 13, 1991 must be accessible and comply with the FH Act’s Design and Construction requirements:

– Accessible building entrance on an accessible route– Accessible and usable public and common use areas– Usable doors– Accessible route into and through the unit– Environmental controls are in accessible locations – Reinforced walls for grab bars– Usable kitchens and bathrooms

Handicap RequirementsHandicap Requirements

Reasonable Accommodations A change in a rule, policy or practice, or in the way services

are provided, to enable a disabled person to have equal opportunity to use and enjoy a dwelling (or common area)

Reasonable ModificationsPhysical changes to a dwelling, or common areas, that a

landlord allows a disabled tenant to make to enable the tenant an equal opportunity to use and enjoy a dwelling or common area. (A tenant is responsible to pay for the modification unless the property is federally subsidized.)

Do not ask unlawful questions regarding a disability

Examples of reasonable Examples of reasonable accommodationsaccommodations

Moving a disabled tenant to a larger unit to accommodate live-in care

Moving a mobility impaired tenant to a ground floor unit

Assisting a mentally impaired person in filling out an application

Granting an exception to “no pets” policy to allow a service animal or companion animal

Examples of reasonable Examples of reasonable modificationsmodifications

installation of a grab bar in a bathroom shower

construction of a handicap ramp at a point of entry

installation of a door signaler (to replace a traditional doorbell) for hearing impaired tenants

Residential real estate transactions include:Residential real estate transactions include:

Rentals Sales Financing Purchasing Constructing Improving Repairing Maintaining Appraisals

Some examples of discriminatory Some examples of discriminatory housing practices:housing practices:

Discriminatory advertising (or statements) Falsely denying that housing is available Screening applicants differently Refusing to allow a person to apply for housing Refusing to rent Charging different rents or security deposits Segregation within a complex Refusing to make a real estate loan for residential

property

Other examples of discriminatory Other examples of discriminatory housing practices:housing practices:

Failing to grant reasonable accommodations

Failing to build accessible housing that complies with the FHA’s design & construction standards

Unwelcomed and uninvited sexual advances by a landlord towards a tenant

“quid pro quo” (e.g. a landlord evicts a tenant who rebuffs landlord’s unwelcomed advances or offers lower rent for sex)

Who can file a complaint?Who can file a complaint?

Anyone who can show that they have been harmed or are about to be harmed by a discriminatory housing practice

Anyone for whom housing was made unavailable

Testers Fair Housing organizations

How are complaints processed?How are complaints processed?

1. Complainants contact HUD or call the NC Human Relations Commission at (919) 807-4420

2. Complainant is interviewed by intake specialist 3. A complaint is drafted 4. Complainant signs the complaint5. Respondents are notified6. Complaint is investigated7. Conciliation efforts are attempted to resolve the complaint

throughout the investigation8. Determination issued by the Commission9. Enforcement of finding and right to sue letter issued to

complainant in a “no cause” finding; hearing before an administrative law judge in a “cause” finding or either party can elect to go to court

Representation Representation

In the event that the HRC makes a finding of “reasonable cause” to believe that a discriminatory housing practice has occurred, and the parties are unable to settle, the Commission will file suit on behalf of the complainant.  However, the HRC’s agency counsel will represent the interests of the HRC, not the complainant personally.  The Commission encourages all complainants to secure their own legal representation as the interests of the HRC are not always the same as those of a complainant   

Possible remediesPossible remedies

Complainant may get the housing he or she was trying to obtain. In evictions, complainant may get the opportunity to continue living in the house or apartment.

Complainant may get compensatory damages for expenses (storage fees, the cost of higher rent elsewhere) or damages for the humiliation or embarrassment of being discriminated against.

Possible remediesPossible remedies

Respondent may have to pay penalties and/or punitive damages, if they acted with malice or with particular disregard for complainant’s rights.

HRC may seek to have respondents change certain discriminatory policies or practices and request that respondents participate in fair housing training; the HRC will continue to monitor a respondent’s housing practices to ensure compliance with the fair housing act(s).

Does the law always apply?Does the law always apply?

Yes, unless the property is …..

A building of four or less units, where the owner also lives

A room in a house where the owner or a member of his/her family lives

A building owned by a private club which gives members preference

A building owned by a religious, charitable, or educational institution giving preference to members – if the organization does not exclude members of a protected group

A single-sex dormitory

General Landlord responsibilities and rights (Not Fair Housing rights)

Landlord responsibilitiesLandlord responsibilitiesAs a landlord, your responsibilities are:

To comply with current applicable building and housing codes

To maintain a fit and habitable property that is in good and safe working order

Landlord should promptly repair all electrical plumbing, heating, ventilating, air conditioning and other facilities and appliances supplied/required to be supplied or are required by agreement or any law to supply after he has been notified by the tenant of any defect in writing. In emergencies, such notice does not have to be in writing

To perform any other duties required by a rental agreement

Landlord rights Landlord rights To determine the amount of rent to charge To rent to whomever you choose and you may set terms

in your rental agreement you wish providing that they are not contrary to local, state and federal law.

To evict a tenant who violates any provision of your rental agreement.

To inspect and make repairs and to show the rental property at any reasonable time and in reasonable manner.

To have your property returned to you in the same condition as it was when the tenant took possession, with the exception of normal wear and tear .

General tenant responsibilities and rights (Not Fair Housing rights)

Tenant responsbilitiesTenant responsbilitiesAs a tenant, you have an obligation to:

Pay rent under the rental agreement or assignment

Keep that part of the premises which you occupy and use as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas

Dispose of all ashes, rubbish, garbage and other waste in a clean and safe manner

Tenant responsibilitiesTenant responsibilities Keep all plumbing fixtures in the dwelling unit as

clean as their condition permits

Not deliberately or negligently destroy, deface, damage or remove any part of the premises or knowingly permit any person to do so

Comply with any and all obligations imposed upon a tenant by current applicable building and housing codes

Tenant responsibilitiesTenant responsibilities

Be responsible for all damage, defacement or removal of any property inside a dwelling unit in your exclusive

control unless said damage, defacement or removal was due to ordinary wear and tear.

Tenant rightsTenant rights

As a tenant, you have the right to:

Make a good faith complaint or request for repairs to the landlord or his/her agent.

Make a good faith complaint to a governmental agency about a landlord’s alleged violation of any health or safety law or regulation.

Make a good faith attempt to organize, join or become otherwise involved with any organization promoting or enforcing tenant’s rights.

ReviewReviewLet us review some commonly asked questions:

1. Does it cost anything to file a complaint?Answer: No. The Commission is a state agency andits services are free.

2. Does a person need a lawyer to file a complaint? Answer: No. The Commission does the investigationand no lawyer is necessary. Those who want to hiretheir own lawyer to help them may do so, but it isnot necessary.

ReviewReview3. What happens if the Commission finds that the respondent

didn’t break any law? Can the respondent do anything to the complainant?

Answer: No. It’s against the law for a respondent to retaliate against someone for filing a complaint.

4. What if someone doesn’t know if they were discriminated against or not? Should they still call the Commission?

Answer: Yes, definitely. Sometimes discrimination is subtle and a person may not know for sure if there was

discrimination unless the Commission does an investigation. When someone calls with a housing problem, our staff will talk with the caller first to see whether the problem is something the Commission feels it should look into. So there is no harm in calling if someone suspects discrimination. They may never know unless they call us.

Contact InformationContact Information

N.C. Human Relations Commission:

116 West Jones Street, 2nd floor

Raleigh, NC 27603

1(866) 324-7474 toll free

(919)807-4420 main

www.doa.nc.gov/hrc

Any questions?