Housing Discrimination and Fair Housing Laws

Lael Robertson Housing Discrimination Law Project Legal Aid Society of Minneapolis

POP QUIZ!

Fair Housing Laws

Fair Housing Act (Title VIII of Civil Rights Act of 1968), 42 U.S.C. 3601, et seq.

Minnesota Human Rights Act, 363A.01, et seq.

Local City Ordinances ADA, Title VI, Section 504 of the

Rehabilitation Act, and various discrimination provisions in many other statutes

Protected Classes

Fair Housing Act– Race– Religion– Sex– National Origin– Disability– Color– Familial Status

Protected Classes

– Race– Religion– Sex– National Origin– Disability– Color– Familial Status

Minnesota Human Rights Act Adds:– Creed– Sexual Orientation– Marital Status– Public Assistance Status

Protected Classes

– Race– Religion– Sex– National Origin– Disability– Color– Familial Status– Creed– Sexual Orientation– Marital Status– Public Assistance Status

Minneapolis City Ordinance Adds:– Ancestry

Protected Classes

– Race– Religion– Sex– National Origin– Disability– Color– Familial Status– Creed– Sexual Orientation– Marital Status– Public Assistance Status– Ancestry

St. Paul City Ordinance Adds:– Age

Discriminatory Actions

§3604– (a) Refusal to Rent or Negotiate or “otherwise make

unavailable” (termination) “Because of”

– (b) Different Terms, Conditions or Privileges “Because of”

– (c) Advertising and Statements “because of” vs. “indicates” – no intent for

advertising/statements– (d) Unavailability - Steering– (e) “Blockbusting” – Inducement to Sell

Discriminatory Actions

§3617– Harassment – intimidate or threaten– Interference – Retaliation

For complaining OR assisting

Familial Status:Familial Status:Protections for Families with Children

Minor children in home Typical Situations:

– Refusal to rent (if no exemption for Housing for Older Persons)

– Steering– Strict occupancy limits– Banning children from use of facilities

Some legal “no kids” units - HOPA

Special MN Protections for Families with Children

If in a “legal” no kids unit and there is pregnancy or adoption, landlord must:– Give notice – MN Law - Give 6 or 12 month grace period before

ending lease.

Discrimination Based on Sex: Sexual Harassment

Illegal to treat people differently because of their gender.

Quid Pro Quo– sex for rent; touching for application

Hostile Environment – Unwanted touching – Walking into apartment unannounced – Unwelcome personal comments and inquiries

Probably Not DiscriminationProbably Not Discrimination

Poor Customer Service/Bad Attitude (EOA)

Refusal to rent because of bad rental history or credit (if standards are same for all and business-related.)

Eviction because of personality conflicts or neighbor complaints (if standards are same for all)

Refusal to rent without valid identification.

Reasonable Accommodations

§3604(f)(3)(B) - Landlord is required to make change in rules, policies, practices or services IF:

– Accommodation is necessary to give disabled person equal use and enjoyment of dwelling

AND– The change is not unreasonable

“Accommodation is necessary to give disabled person equal use and enjoyment of dwelling”

Must have a connection to the disability– Example –

Notice to terminate lease due to disruption of neighbors– Disability – Bipolar Disorder– Disability – Paraplegic

Must Have Disability or “Handicap”: – 1. a physical or mental disability which “materially” (MN) or

“substantially” (US) limits a major life activity, such as walking, thinking, speaking, hearing, learning, breathing, etc.

– 2. a record or history of a disability which limits a major life activity, even if the person no longer has the disability or if the disability no longer limits a major life activity; or

– 3. is regarded as having a disability that limits a major life activity.

“Accommodation is necessary to give disabled person equal use and enjoyment of dwelling”

“and the change is not unreasonable”

– Accommodation is not reasonable if: It changes the nature of the business OR It imposes high financial AND administrative burden

– (MN Cases – “OR”)

– In terminations, may also need to demonstrate that the accommodation will alleviate the reason for the termination

Client with bipolar disorder disrupting neighbors

Examples of Accommodations

Seeing eye dog OR companion animal in “no pet building.”

Assigned parking spot near door. Forbearance of eviction after noise complaints. Alternative tenant screening and admission practices

(ex. - co-signer). Cooperation with outside agencies to address

“hoarding” or “garbage house” problem.

What is Unreasonable?

Seeing eye dog – OK– companion cougar – no.– Companion horse?

Unreasonable?

Assigned parking spot – OK– build carport – no.

Forbearance for noise – OK– illegal drug activity tolerance – no.

Late payment – maybe – no payment – no.

Denial of Reasonable Accommodation?

Violation of the FHA/MHRA!

Charging for RA?

No NO NO!!!!!

No pet deposit for assistance animal No fee for designated parking space

Reasonable Modifications

§3604(f)(3)(A) – Modifications at tenant’s expense– Grab bars in bathroom, ramp, lowering the

countertops

Federally funded housing – Landlord’s expense

Post-1991 Accessible Design Requirements

Many multi-family buildings built after March 1991 must have basic accessibility features:

– accessible routes into and within units (no steps, etc.),– accessible common use areas– usable doors – usable kitchens, baths – baths with reinforced shower/tub/bath walls – proper level for switches, controls outlets, etc. – See www.fairhousingfirst.org

Investigation - Testing

Discrimination Minnesota style: – Bigotry with a smile

Secret Shoppers in Housing Market Call Sonia: 612.977.1805

Enforcement

Administrative– Federal – Department of Housing and Urban

Development (HUD)– State – Minnesota Department of Human Rights

File administrative complaint– Complaint Process

Probable Cause Determination ALJ Appeals to Court of Appeals

Enforcement

Judicial– Federal Court– State Court

Remedies

Damages– Compensatory –

Out of pocket Lost housing opportunity Emotional distress, humiliation

– Punitive (Judicial) State Court – Capped at $8500 Federal Court – No cap

Remedies

Damages, cont’d.– Civil Penalty (Administrative)

Injunctive Relief Monitoring

Pattern and Practice?

Department of Justice– Statute of Limitations Extends

Alternatives to Complaints and Court in Fair Housing Cases

Downside of “Going on the Attack”

Landlord/Manager likely to get defensive If client wants to continue to live there, may

make environment tense or impossible May pass up an opportunity to educate the

management

Role of Advocate

Recognize fair housing issues when they come up

Identify client’s goals Can client’s goals be achieved without formal

complaint filed? Does potential FH violation come from

animus or ignorance? Is the best option to work with management?

Contacts

West Metro Area - HDLP: 612.334.5970 St. Cloud – Central MN HDLP: 888.360.3666 East & South Metro Area - HELP: 651.222.4731 Southern Minnesota - HELP: 888.575.2954 lerobertson@midmnlegal.org www.midmnlegal.org

When Justice Is DeniedWhere Poverty Is EnforcedWhere Ignorance Prevails and Where Any One Class Is Made To Feel That Society Is in An Organized ConspiracyTo Oppress, Rob and Degrade Them,Neither Persons Nor Property Will Be Safe.

Frederick Douglass, 1886