FAIR HOUSING FOR TENANTS WITH DISABILTIES UNDERSTANDING REASONABLE ACCOMMODATIONS AND REASONABLE...
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Transcript of FAIR HOUSING FOR TENANTS WITH DISABILTIES UNDERSTANDING REASONABLE ACCOMMODATIONS AND REASONABLE...
FAIR HOUSING
FOR TENANTS WITH DISABILTIES
UNDERSTANDING REASONABLE ACCOMMODATIONS AND REASONABLE MODIFICATIONS
Ann-Marie Dooley Staff Attorney Legal Aid of North Carolina, Inc.
A BRIEF HISTORY…
Fair Housing Act was originally enacted as Title VIII of the Civil Rights Act of 1968 Prohibited discrimination based on race, color,
religion and national origin Section 504 of the Rehabilitation Act
Prohibited discrimination based on disability in programs receiving federal $$$
Fair Housing Amendments Act of 1988 Extended protection of the FHA to persons with
disabilities Americans with Disabilities Act of 1990
Prohibited discrimination based on disability in government-funded programs and public accommodations
FEDERAL AND STATE LAWS
Fair Housing Amendments Act of 1988
Section 504 of the Rehabilitation Act of 1973
Title II of the Americans with Disabilities Act of 1990
North Carolina Fair Housing Act
WHAT IS REQUIRED UNDER FEDERAL AND STATE LAWS
No discrimination against persons with disabilities in the terms, conditions, or privileges or rental of dwelling
Reasonable Accommodations – administrative change that removes barriers to equal access
Reasonable Modifications – physical change that removes barriers to equal access
FORMS OF ILLEGAL DISCRIMINATION
Intentional Discrimination
Disparate Impact (harsher effect)
Failure to Provide Reasonable Accommodations
Failure to Allow Reasonable Modifications
Failure to Design and Construct Accessible Housing
WHO IS PROTECTED?CIVIL RIGHTS DEFINITION
Persons who:1. have a physical or mental
impairment substantially limiting one or more major life activities;
2. have a history of such a physical or mental impairment; or
3. are regarded as having such an impairment
EXAMPLES OF DISABILITIES
Visual DisabilitiesAuditory DisabilitiesMobility DisabilitiesAids & HIV +AlcoholismPast Substance AbuseTemporary Disability (accident or
injury)
WHO IS WHO IS NOTNOT PROTECTED? PROTECTED?
1. Persons currently engaged in illegal drug use.
2. Persons whose tenancy would constitute a “direct threat” to the health and safety of other individuals.
3. Persons whose tenancy would cause substantial physical damage to the property of others.
WHAT ABOUT PAST ILLEGAL DRUG ADDICTION AND ALCOHOLISM?
Persons with a history of illegal drug addiction, but not currently using are protected
Fair Housing protections include alcoholism, but exclude anyone who would pose a direct threat to health or safety of others, unless a reasonable accommodation could eliminate the threat
REASONABLE ACCOMMODATION
The Duty: A housing provider must make
reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling
In order to get a change in a rule, policy, practice or service, the tenant must request it!
MAKING THE REQUEST FOR A REASONABLE ACCOMMODATION
Recommended that the request be made in writing
If the disability is not apparent, the landlord may ask for verification
There must be a nexus between the disability and the requested accommodation
The request must be reasonable*
WHEN ACCOMMODATIONS MUST BE PROVIDED
A landlord must provide a requested accommodation unless the landlord can show that doing so will: Impose an “undue burden” or Result in a “fundamental alteration” in the
service provided by the landlord. The need for an accommodation may arise at
anytime When applying During the tenancy To avoid an eviction
REASONABLE MODIFICATIONS
The Duty: A housing provider must permit, at the
expense of the person with a disability, reasonable modifications of existing premises occupied by such person, if the modifications are necessary to allow the person full enjoyment of the premises
If the housing is federally funded, it is the owner’s responsibility to pay for reasonable modifications (Section 504 of the Rehabilitation Act of 1973).
REASONABLE MODIFICATIONS
Landlords may require the tenant to return the dwelling to its original condition,
BUT only if the modifications will interfere with the next tenant’s use and enjoyment of the premises
LANDLORD HAS THE RIGHT TO ... Condition permission for the
modification based on assurance that the work will be done properly
Ask the tenant to obtain any necessary building permits
Ask the tenant to set aside a reasonable amount of money over a reasonable time in an interest bearing escrow account to pay for restoration
EXAMPLES OF FEDERALLY FUNDED HOUSING
HOME Community Development Block Grants Section 202 and 811 Supportive Housing
for Elderly or Persons with Disabilities McKinney-Vento Supportive Housing
(permanent or transitional) USDA Rural Development Section 514,
515 & 538 Public Housing Authorities Project-based Section 8
FEDERAL PROGRAMS THAT DO NOT TRIGGER SECTION 504
Low-Income Housing Tax Credits
Tax Exempt Bonds
No federal funding involved except Housing Choice Vouchers or Shelter Plus Care assistance
THE APPLICATION PROCESS
Landlords may not reject a prospective tenant’s application because of his or her disability or factors relating to the disability
Landlords may not use stereotypes to reject an applicant
APPLICATIONS - continued
PROHIBITTED QUESTIONS:
Landlords may not ask an applicant if she has a disability
Landlords may not ask for general information about an applicant that relates to disability E.g. questions about whether an
applicant can live independently or evacuate safely, etc. are prohibited
APPLICATIONS - continued
A landlord may ask questions that show a tenant is able to meet the same obligations as any other tenant - as long as she asks these questions of all prospective tenants
Examples: financial information to show that whether a
tenant can pay rent references for tenant history (cleanliness and
damage to apartment beyond normal wear & tear
whether a tenant will comply with the building’s rules
ADMISSIONS EXAMPLES
Mary had a serious illness that interrupted her working life and resulted in bankruptcy
John had an untreated mental illness that created a period of uncontrolled spending, causing him to default on loans, pay bills late and hurt his credit history
Susan, who was in recovery from addiction to illegal drugs, was convicted in the past on drug charges
Sam had an untreated mental illness that resulted in homelessness and convictions for trespassing, vagrancy and assault
LEASE VIOLATION EXAMPLES
A tenant with hearing impairment plays his TV and music too loud causing other tenants to complain (a device is available to assist the tenant in keeping the volume down)
A tenant with a mental disability yells at other tenants during delusional periods, (treatment and medication will relieve the behavior)
ENFORCEMENTENFORCEMENTSTATE AND FEDERAL LAWSSTATE AND FEDERAL LAWS
File an administrative complaint with HUD or NC Human Relations Commission
File a civil action in state or federal court
Raising the issue as a defense or counterclaim (e.g. summary ejectment)
CONSEQUENCES FOR VIOLATIONS OF FAIR HOUSING LAWS
Actual damages, including pain and suffering;
Injunctive relief; Civil penalties of $10,000 for the
first offense; and Punitive damages
Low-Income Housing Tax Credit projects can have their tax credits recaptured by the IRS
APPENDICES
Appendix A: Sample Notice of Right to Reasonable Accommodation
Appendix B: Sample Request and Response Forms
Appendix C: Housing Resource Guide
Appendix D: Telecommunications Relay Service
RESOURCES
* Local office of Legal Aid of North Carolina, Inc.
* Local Human Relations Commission
* NC Human Relations Commission
* NC Fair Housing Center
* NC Justice Center
QUESTIONS
Ann-Marie Dooley, Staff AttorneyLegal Aid of North Carolina, Inc.
Post Office Box 3467Greensboro, NC 27402-3467
(336) 272-0148