The Affects of Fair Housing on Social Service Programs Amber Young, LMSW & Stephanie Bloom, LMSW

The Affects of The Affects of

Fair Housing on Fair Housing on Social Service Social Service

ProgramsProgramsAmber Young, LMSW

&

Stephanie Bloom,

LMSW

*Disclaimer*

0All information shared in this presentation is intended solely to impart standard, universal information about Fair Housing.

0Because Fair Housing enforcement is so region specific and open to interpretation, this information should not take the place of legal counsel.

Community House, Inc.

VS.

City of Boise

Fair Housing History in Boise

Fair Housing History in Boise0 In 2013 the Intermountain Fair Housing Council

was awarded a $324,630 Private Enforcement Initiative Grant to provide a statewide, full-service fair housing enforcement program. Fair housing investigation and enforcement activities will include systemic investigations and site design and construction assessments.

Why learn about Fair Housing?

It protects many people from discrimination

It protects housing providers from a complaint

It can protect you!

Clients are more educated and have greater assistance with filing complaints than ever before.

Basics• Definition of Fair Housing- “The right of all people to

be free from discrimination in the rental, sale or financing of housing.”

• Protected classes– Race– Color– National origin– Religion– Gender– Disability

Basics- continued– Familial status (includes children under 18, parents,

step parents, adoptive parents, guardians, foster parents, custodians of a minor, pregnant women, or someone in the process of acquiring legal custody of a child)

– In 2012, HUD approved a rule that sexual orientation and gender identity and expression should not be taken into consideration for eligibility for all McKinney-Vento-funded housing programs, as well as to other housing assisted or insured by HUD.

– States are able to add extra provisions, as well.– Example: 12 states and the District of Columbia include

source of income as a protected class.

Video Protected Classes– https://www.youtube.com/watch?v=8J8KwmdX9X0

– http://www.youtube.com/watch?v=MeQd69pZTaI

Who must comply?0Participants in the advertisement, sale, rental or

financing process related to housing.0The Fair Housing Act covers most housing. In some

circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

0Shelters (One exception: true emergency shelter without a storage space or any reserved spaces and no federal funding)

Enforcement

Over 4 million housing violations occur each year!!!

Enforcement

2012 Types of Complaints Filed

0 55% Disability0 25% Race0 20% National origin

Definition of a Disability

0A physical or mental impairment which substantially limits one or more major life activities or a record of such an impairment or being regarded as having such an impairment.

Disability Video

0https://www.youtube.com/watch?v=wFk2G9Q7aiU

Reasonable Modification

0A physical change to the existing property that is necessary for a disabled person to have full enjoyment of the premises of a dwelling.

0Most likely is at the expense of the program.* Consult ADA and Fair Housing for further clarification of expense.

Reasonable Accommodation

0A change, exception or adjustment to the rules, policies, practices, or services as necessary for a disabled person to have full enjoyment of the premises of a dwelling.

0Requires entering into an “Interactive Dialogue”.

Requesting an Accommodation

0 Client’s responsibility:0Make the request for accommodation (obvious vs. not

obvious)0Cooperate with providing information regarding their

need for the accommodation in order to have an equal opportunity to use and enjoy your housing unit.

0Management may:0Request supporting information from the tenant to

document the need for the accommodation (not to provide a description of their disability).

Denying an AccommodationAn accommodation may be denied for 3 reasons

1. It poses an undue financial burden;

2. It alters the fundamental purpose of the program;

3. Granting the request would be a direct threat to other residents and/or staff.

*If an accommodation is denied, the provider should discuss with the requester whether there is an alternative accommodation that would effectively address the requester's disability-related needs without a fundamental alteration to the provider's operations and without imposing an undue financial and administrative burden.

Animals0https://www.youtube.com/watch?v=stjdnQYYEKg

Animals0Pet: An animal kept primarily for amusement or

company.

0Assistance Animals: An animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability.

Animals, continued0 DO NOT require participants with an obvious disability/assistance

animal need to file a reasonable accommodation.0 No Pet Lease Agreement or security deposit. 0 They will be responsible for the conduct of that animal and must

comply with the service and companion animal rules, including but not limited to:1.Maintaining the animal under control at all times when outside the housing;2. Preventing the animal from causing damage to the housing, grounds;3. Cleaning up all animal waste;4. Not allowing the animal to disturb the quiet use and enjoyment of other tenants.

0 No limit on specific breeds, animals or quantity, unless City Code specifies restrictions.

Children Video

https://www.youtube.com/watch?v=PvTcWw3bVMo

Children

0You cannot have rules specifically for children0Safety-reactionary not preventative0Strive to provide a safe environment for all

How Fair Housing SavvyAre You?

0Language Assistance Plans? How do you handle people who speak other languages?

0Case: Domestic Violence shelter 0Case: Nampa Shelter0Case: Chickens?0Case: Idaho, Inc.

Do’s:0Trainings-Staff & Volunteers

0Bare necessity eligibility criteria & pre-screening data collection. Put standardized screening and intake criteria in writing and use them to evaluate all applicants;

0Waiting lists- screen, evaluated and select in chronological order.

Do’s:0Policies and procedures reviewed by a local attorney

and TSA lawyers

0Documentation, documentation!

0Best practice-Document a reasoning for each rule

0Good intentions won’t protect you in court!

What can you do?

0Ask yourself, 0“Do we have any policies that blatantly

break Fair Housing law?” 0“Do our clients know how to make a request

for reasonable accommodations?” 0“Do our staff and volunteers know how to

answer questions about Fair Housing?”0“Do you have a Language Assistance Plan?”

Resources

0http://www.fairhousingfirst.org/faq/mfhousing.html

0http://portal.hud.gov/hudportal/documents/huddoc?id=2012charges.pdf

0http://housingrights.org/renters/agencies.htm

Contact Info

Stephanie Bloom, LMSW

Stephanie.bloom@usw.salvationarmy.org

Questions?