OCCD/ODSA 2015 Housing Conference

November 4, 2015Overview of Fair Housing:Is it illegal discrimination?

Joe MaskovyakCOHHIO

When discrimination is illegal

• Q: Can a landlord charge different rent to different tenants for the same type unit?

A: It depends

• What is the reason for the difference? 1. is there distinctions based on a protected

class?

2. or is the distinction based on time, demand?

When discrimination is illegal

• Q: A tenant fills out an application and has no negative credit history or evictions on her credit record. However, she discloses to the prospective landlord that she is a domestic violence (DV) victim. The landlord denies b/c she is a DV victim. Is this illegal discrimination?

• A: YES• Why?• Does it matter if the landlord denies all DV victims,

men & women?

When discrimination is illegal

• Q: A landlord denies admission to a tenant because s/he has a Housing Choice Voucher (HCV)(aka Section 8)and the landlord does not accept any HCV’s. Is it discrimination?

• A: YES

• Q: Is it illegal discrimination?•

A: NO---SOI discrimination

When discrimination is illegal

• A landlord starts a new policy of no smoking (in &/or outside of the unit). The policy is effective immediately.

• Q1: A tenant complains saying the landlord is discriminating against smokers. Is she right?

• A: YES• Q2: Is it illegal • A: NO—smokers not a protected class

When discrimination is illegal

• Q3: Another tenant complains stating that it is illegal discrimination AND violates her lease because she just signed a new lease that has no such provision. Is she right?

• A: YES & NO• Not illegal discrimination but probably not

enforceable in middle of the lease term

When discrimination is illegal

• Q: An elderly person requests a RA by asking for a designated parking space because he is elderly. He provides proof in the form of a birth certificate showing he is 74. The landlord denies his RA.

• Q: Did the landlord discriminate illegally?• A: NO• Why? • Elderly does NOT = disabled• Elderly is not a protected class

When discrimination is illegal• A landlord provides notice of a new policy (with proper

notice) that they will allow elderly to get designated spaces provide they can provide proof that 1 member of the HH is elderly (65).

• Q: Is this discrimination?

• A: YES

• Q: Is it illegal?

• A: NO

• Why? • Who is adversely affected?

When discrimination is illegal

• A tenant says, “My landlord is evicting me because I was late trying to pay my rent for April, but only by a couple days. My next door neighbor did the same thing last month and my landlord took their rent.”

• Q: Is it discrimination?• A: YES• Q: Is it illegal• A: It depends

When discrimination is illegal

• It depends on?• What info do you want to know about the 2

families?• Race• Sex• National origin• Familial status• Etc.

When discrimination is illegal

• A tenant regularly pays their rent late. They receive SSDI as their only source of income. The LL states they will accept it late by the 15th, as long as s/he includes the $50 late fee, which tenant does. The late fee hurts the amount of disposable income. The tenant requests an RA to waive the late fee, because s/he is disabled and her SSDI check does not arrive until the 10th. The LL denies the RA.

• Was the denial illegal discrimination?• Yes• Why?

When discrimination is illegal• An applicant is denied admission because

s/he truthfully answer the question,

“Are you using illegal drugs?” with a YES.• Q: Was this denial proper?• A: Yes• Does your answer change if the applicant

requests a RA?• A: NO• Does your answer for a RA request change if it

past substance abuse, not current?• A: Yes/Maybe

When discrimination is illegal• A tenant is denied admission because s/he admits to

being an alcoholic. In fact, there are several DUI’s on the record and s/he has just left rehab.

• Q: Was this denial proper?• A: Yes• Does your answer change if the applicant requests a RA?• Yes/maybe• Does your answer for a RA request change if it past

substance abuse, not current?• NO—past or present is irrelevant• Does your answer change if the applicant’s name is

Johnny Manziel?

When discrimination is illegal

• A tenant is being evicted for drug possession. The tenant asks for a RA because they were using marijuana to medicate for pain. The landlord denies.

• Q: Has the landlord discriminated on the basis of disability because he denies the RA?

• A: NO• Why?• Using illegal controlled substances is not protected as

a disability.• In fact, under Ohio law, the landlord has a duty to evict

(RC 5321. 04(A)(9).

When discrimination is illegal

• Does your answer change if Issue 3 passes(ed)?

• NO• Why?

When discrimination is illegal

• A landlord denies admission to an applicant who is a Tier II sex offender.

• Q: Is this illegal discrimination?• A: NO• Why?• Does your answer change if applicant is a

Tier I sex offender?• Remember RC 5321.051

When discrimination is illegal• A tenant denies a family with young children, apologizing

by saying that they do not have any available units that can be rented to families with young children.

• Is this illegal discrimination?• Yes• Why?• The LL further explains that they do not have any ground

floor units and their policy is to rent only ground floor units to families with kids under 5 years old.

• Does your answer change?• NO• Why not?

When discrimination is illegal

• Q:A tenant asks the landlord to shovel snow because:

• The landlord has a duty under LL-T law?• No• The tenant is elderly?• No• The tenant is disabled?• Yes/maybe

How to find me:

Joe Maskovyak, COHHIO• joemaskovyak@cohhio.org• Toll Free: 888-485-7999 (Tenant

information line)• Direct: 614-280-1984 x33

Thank you!