Fair Housing ActFair Housing Act

Reasonable Accommodations Reasonable Accommodations (RA)(RA)

Gina McDonaldGina McDonald

DirectorDirector

Salina Human Relations Salina Human Relations CommissionCommission

General Principle of General Principle of Housing Civil Rights:Housing Civil Rights:

To prohibit housing discrimination in all To prohibit housing discrimination in all related housing activities based on related housing activities based on membership in a membership in a protected classprotected class

A protected class is a group of persons A protected class is a group of persons who share common characteristics and who share common characteristics and due to those shared characteristics have due to those shared characteristics have been historically denied equal access and been historically denied equal access and opportunity in housing. Persons with opportunity in housing. Persons with disabilities are a protected class under disabilities are a protected class under federal fair housing lawfederal fair housing law..

History of the Fair Housing History of the Fair Housing ActAct

The Fair Housing Act was passed in 1968The Fair Housing Act was passed in 1968– Prohibits discrimination based on race, color, religion Prohibits discrimination based on race, color, religion

and national origin- gender was added in 1974.and national origin- gender was added in 1974. Fair Housing Amendments Act was Fair Housing Amendments Act was

enacted in 1988 to include protection for enacted in 1988 to include protection for people with disabilities and familial statuspeople with disabilities and familial status

It is enforced by:It is enforced by:– The department of Housing and Urban development The department of Housing and Urban development

(HUD)(HUD)– The Department of JusticeThe Department of Justice– State and local fair housing enforcement agenciesState and local fair housing enforcement agencies– Private lawsuits in federal and state courtsPrivate lawsuits in federal and state courts

FHAA Definition of a Person FHAA Definition of a Person with a Disabilitywith a Disability

Section. 802. [42 U.S.C. 3602] DefinitionsSection. 802. [42 U.S.C. 3602] Definitions

(h) “Handicap” means, with respect to a (h) “Handicap” means, with respect to a person—person—(1) a physical or mental impairment which (1) a physical or mental impairment which substantially limits one or more of such substantially limits one or more of such person’s major life activities, person’s major life activities, (2) a record of having such an impairment, or(2) a record of having such an impairment, or(3) being regarded as having such an (3) being regarded as having such an impairment, but such term does not include impairment, but such term does not include current, illegal use of or addiction to a current, illegal use of or addiction to a controlled substance (as defined in section controlled substance (as defined in section 102 of the Controlled Substances Act (21 102 of the Controlled Substances Act (21 U.S.C. 802)).U.S.C. 802)).

Persons CoveredPersons Covered

Persons with disabilitiesPersons with disabilities Persons associated with persons Persons associated with persons

with disabilitieswith disabilities Persons regarded as having a Persons regarded as having a

disabilitydisability

Scoping and Coverage under the Scoping and Coverage under the Fair Housing Amendments Act of Fair Housing Amendments Act of

19881988 Design and construction requirements Design and construction requirements

apply to “covered multifamily dwelling apply to “covered multifamily dwelling units” built for occupancy after units” built for occupancy after March March 13, 1991 and contain four or more 13, 1991 and contain four or more unitsunits

Reasonable accommodations and Reasonable accommodations and reasonable modifications apply to reasonable modifications apply to housing regardless of date of first housing regardless of date of first occupancyoccupancy

Some Types of Housing Some Types of Housing Covered by the FHAACovered by the FHAA

Multifamily HousingMultifamily Housing Homeownership UnitsHomeownership Units SheltersShelters Long-term Transient Long-term Transient

LodgingLodging Assisted LivingAssisted Living Nursing Homes Nursing Homes Group HomesGroup Homes TimesharesTimeshares DormitoriesDormitories

Reasonable Accommodations Reasonable Accommodations ProvisionProvision

sec. 804. [42 U.S.C. 3604] sec. 804. [42 U.S.C. 3604] discrimination in sale or rental of discrimination in sale or rental of housing and other prohibited practices housing and other prohibited practices

(B) a refusal to make reasonable (B) a refusal to make reasonable accommodations in rules, policies, accommodations in rules, policies, practices, or services, when such practices, or services, when such accommodations may be necessary to accommodations may be necessary to afford such person equal opportunity to afford such person equal opportunity to use and enjoy a dwelling:use and enjoy a dwelling:

General DefinitionGeneral Definition

A request for a A request for a change or change or waiver to waiver to policies, policies, practices, or practices, or services due to services due to an individual's an individual's disability.disability.

An RA Can Be Requested for An RA Can Be Requested for Every Type of Housing ActivityEvery Type of Housing Activity

ApplicationApplication ScreeningScreening Lease NegotiationLease Negotiation Terms and Terms and

ConditionsConditions

Termination of Termination of TenancyTenancy

Mortgage Mortgage ApplicationApplication

Mortgage TermsMortgage Terms

Reasonable AccommodationsReasonable AccommodationsCommon ExamplesCommon Examples

ParkingParking Assistive animalAssistive animal Rent payment Rent payment

plansplans Early termination Early termination

of Leaseof Lease

Relocation to a Relocation to a more accessible more accessible unitunit

Extension of search Extension of search time for relocationtime for relocation

Criminal Criminal background checksbackground checks

Interactive ProcessInteractive Process Requests can be verbalRequests can be verbal Must be done in a good Must be done in a good

faith and fair mannerfaith and fair manner Can be informalCan be informal Must be done in a non-Must be done in a non-

harassing, non- harassing, non- retaliatory mannerretaliatory manner

Confidentiality must be Confidentiality must be maintainedmaintained

Request ProcessRequest Process The request should be made in a timely The request should be made in a timely

manner.manner. Provide only enough information so that the Provide only enough information so that the

need for the request is easily understood by need for the request is easily understood by the housing provider.the housing provider.

Housing provider forms can not be mandatory. Housing provider forms can not be mandatory. Verbal requests and letters from the person Verbal requests and letters from the person with the disability is allowable.with the disability is allowable.

Written and dated requests are preferable.Written and dated requests are preferable. Health care provider documentation should Health care provider documentation should

only be requested by the housg provider when only be requested by the housg provider when the disability or the need for the reasonable the disability or the need for the reasonable accommodation is not apparent.accommodation is not apparent.

Health Care Provider Health Care Provider DocumentationDocumentation

Any health care provider with the authorization of the Any health care provider with the authorization of the person with the disability can supply this informationperson with the disability can supply this information

Only the information that is absolutely necessary Only the information that is absolutely necessary should be provided. The nature and severity of the should be provided. The nature and severity of the disability should not be discloseddisability should not be disclosed

All health care of disability related information must All health care of disability related information must be kept confidential by the housing provider. Such be kept confidential by the housing provider. Such information should not become common knowledge information should not become common knowledge of staff not directly involved in the reasonable of staff not directly involved in the reasonable accommodation request or other residentsaccommodation request or other residents

Use of the housing providers forms for health care Use of the housing providers forms for health care provider information can not be made mandatoryprovider information can not be made mandatory

Documentation from the health care provider should Documentation from the health care provider should not invite the housing provider to contact them not invite the housing provider to contact them directly by any meansdirectly by any means

RA: Conditions for DenialRA: Conditions for Denial

No direct connection between the No direct connection between the disability and the requestdisability and the request

Causes an undue administrative Causes an undue administrative andand financial burdenfinancial burden

Changes the fundamental nature of Changes the fundamental nature of the housing programthe housing program

Examples of Allowable Examples of Allowable DenialsDenials

Non-payment of rent or mortgageNon-payment of rent or mortgage Waiver of “no pets” rule for assistive Waiver of “no pets” rule for assistive

animal trainer or volunteeranimal trainer or volunteer Multiple animals not covered in medical Multiple animals not covered in medical

documentationdocumentation Eviction for cause unrelated to disability Eviction for cause unrelated to disability

or direct threator direct threat Unpaid rent due to extended hospital Unpaid rent due to extended hospital

staystay

Assistive AnimalsAssistive Animals

Assistive animals are considered Assistive animals are considered reasonable accommodation reasonable accommodation requests to “no pet” policiesrequests to “no pet” policies

A broader concept than service A broader concept than service animals, can range from trained animals, can range from trained guide dogs to untrained emotional guide dogs to untrained emotional support animalssupport animals

does not mandate that the animal does not mandate that the animal must be trained or certifiedmust be trained or certified

There are no restrictions on species There are no restrictions on species or breedsor breeds

Assistive Animals 2Assistive Animals 2 Restrictions can be place Restrictions can be place

on a specific animal if it on a specific animal if it presents a direct threat presents a direct threat to the safety of othersto the safety of others

There are no restrictions There are no restrictions on the number of on the number of assistive animalsassistive animals

There are no limitations There are no limitations on use of assistive on use of assistive animals to specific animals to specific disabilitiesdisabilities

Assistive Animals: Reasonable Assistive Animals: Reasonable Terms and ConditionsTerms and Conditions Proof of inoculationsProof of inoculations Animal be properly Animal be properly

leashed or otherwise leashed or otherwise restrained outside of restrained outside of the unitthe unit

Animal be kept clean Animal be kept clean and pest freeand pest free

Animal not be Animal not be “walked” in play areas“walked” in play areas

Assistive Animals: Assistive Animals: Unreasonable Terms and Unreasonable Terms and

ConditionsConditions Animal must be physically carried Animal must be physically carried

through all common use areasthrough all common use areas Animal can not accompany the person Animal can not accompany the person

into common use areas such as dining into common use areas such as dining rooms, pool areas or community roomsrooms, pool areas or community rooms

Weight or other size restrictionsWeight or other size restrictions Additional rent is chargedAdditional rent is charged An increase in the security depositAn increase in the security deposit

ResourcesResources

HUD-DOJ Joint Statement on HUD-DOJ Joint Statement on Reasonable AccommodationsReasonable Accommodations

http://http://www.hud.gov/offices/fheo/library/huddowww.hud.gov/offices/fheo/library/huddojstatement.pdfjstatement.pdf

HUD 24 CFR part : pet Ownership for the HUD 24 CFR part : pet Ownership for the Elderly and Persons with Disabilities; Elderly and Persons with Disabilities; Final RuleFinal Rule

http://www.hud.gov/offices/fheo/FINALRUhttp://www.hud.gov/offices/fheo/FINALRULE/Pet_Ownership_Final_Rule.pdfLE/Pet_Ownership_Final_Rule.pdf

To File a Fair Housing To File a Fair Housing ComplaintComplaint

Call HUD toll0free at 1-800-669-9777Call HUD toll0free at 1-800-669-9777

Or go online and file at Or go online and file at

http://portal.hud.gov/portal/page/http://portal.hud.gov/portal/page/portal/HUD/topics/housing_discrimportal/HUD/topics/housing_discriminationination

QuestionsQuestions