Protecting the Fair Housing Rights of Tenants with Mental Health Disabilities in California

Learning Objectives1. Explore impact of stigma & discrimination on

people with mental health disabilities. 2. Better understand laws that protect people with

mental health disabilities from housing discrimination.

3. Develop strategies for complying with fair housing requirements.

Overview of Training Agenda1. Introduction 2. Stereotypes, Stigma & Discrimination3. State & Federal Fair Housing Laws4. Step in Analyzing a Fair housing Issue5. Strategies for Complying with Fair Housing Requirements

Feel free to ask questions at any time!

DRC SDR Project Goals

Reduce stigma & discrimination by- Increasing awareness of laws, policies &

practices that address discrimination & support mental health services in non-traditional settings through provision of culturally-relevant and age appropriate training & materials for people with disabilities, their families, providers, and the general population.

DRC SDR Project Goals- Identifying laws that contribute to stigma and

discrimination & writing policy papers that recommend needed policy changes to reduce or eliminate stigma & discrimination.

Stigma & Discrimination

What is Stigma?

Attitudes and beliefs, based on stereotypes, that lead people to reject, avoid, or fear those they perceive as being different

Types of Stigma

1. Public Stigma2. Institutional Stigma3. Self Stigma

Self Stigma - Self stigma is when a person with a

disability accepts the attitudes of society or of the medical community.

- Self stigma is rarely discussed, and can lead to hopelessness and helplessness.

What are Stereotypes?

Exaggerations or untruths about people with mental healthdisabilities.

Examples of Stereotypes

Misconceptions that people with mental health disabilities:

- Tend to be violent, - Will not get better, - Are unable to care for themselves, or - Are not intelligent

These stereotypes can affect the ability of people with mental health disabilities to obtain housing.

What is Discrimination? - Discrimination occurs when people act on

stigma in ways that deprive others of their rights and life opportunities.

- Discrimination and stigma are based on the stereotypes that drive a wedge between “us” and “them.”

Importance of Housing for People with Mental Health

Disabilities

Like everyone else, people with mental health disabilities need a safe place to live.

Lack of safe housing can make it hard to deal with the issues concerning mental health and potential wellness.

Legal Framework and

Advocacy Strategies

Overview of State and Federal Fair Housing Laws

Federal Fair Housing Laws- Fair Housing Amendments Act- Americans with Disabilities Act (Titles II & III)- Rehabilitation Act, Section 504- HUD Housing Choice Voucher (Section 8)

Program - Reasonable Accommodations Provisions

California Fair Housing Laws- Fair Employment & Housing Act- Unruh Civil Rights Act- Disabled Persons Act- State Zoning Laws

Steps in Analyzing a Fair Housing Issue

1. Is the tenant covered under fair housing laws? 2. Is the housing covered under fair housing

laws? 3. Is this special housing covered under other

laws (e.g. HUD Housing Choice Voucher Program/Section 8)?

4. Does the conduct in question constitute unlawful discrimination?

Steps in Analyzing a Fair Housing Issue (Cont.)

5. Is the tenant requesting a reasonable accommodation?

6. Is the tenant requesting a reasonable modification?

7. Does the tenant pose a substantial threat to the safety or property of others?

8. Does the tenant otherwise meet the requirements of the tenancy?

9. Did the problem occur within the past one or two years?

Step 1: Is the Tenant Covered?

Fair Housing Act protects these buyers and renters against discrimination on the basis of “handicap:”- Renters, buyers & applicants- People living with renters, buyers & applicants.- People “associated” with renters, buyers &

applicants (family members, attendants, etc.)

“Handicap”Under the Fair Housing Act, “handicap” means:

1. A physical or mental impairment which substantially limits one or more major life activities;

2. A record of such an impairment; or

3. Being regarded as having such an impairment.

24 CFR §100.201 (Cont.)

Illegal Drug Use is Not a “Handicap

“Handicap” does not include current, illegal use of or addiction to a controlled substance.

24 CFR §100.201

Step 2: Is the Housing Covered?

Fair housing laws cover a wide range of housing providers and transactions, e.g.:- Landlords- Real estate brokers and realtors- Rentals- Sales- Zoning & land use decisions- Advertising

(Cont.)

Step 3: Is this Special Housing?

Check for special rules that apply to particular types of housing, in addition to fair housing laws, e.g.:- Supportive Housing- Subsidized Housing- Housing Choice Voucher/Section 8 Housing- Group Homes- Housing for Older Adults

Special Considerations for Supportive Housing

- Funding restrictions on target populations

- Zoning restrictions- Neighborhood opposition- Housing linked to acceptance of

services or other requirements

Step 4: Is there Discriminatory Conduct?

Unlawful to discriminate in:- Sale or Rental;- Terms, conditions or privileges of sale or rental;- Provision of services or facilities in connection

with sale or rental;- Otherwise making unavailable or denying a

dwelling

42 USC §§3601, 360424 CFR §§100.202

Examples of Discriminatory Practices

- Refusal to rent, sell or lend- Different terms or conditions- Discriminatory statements- Lying- Steering- Harassment- Retaliation- Refusing to make reasonable accommodations- Refusing to make reasonable modifications- Inquiring about a person’s disability

24 CFR §§100.50, 100.202

Inquiries about Applicant’s Disability

Unlawful to inquire about the disability of a housing applicant, or anyone associated with, except as necessary to determine:

- Ability to meet requirements of ownership or tenancy;- Qualification for disabled-only housing;- Qualification for disability-priority housing; - Current illegal use of controlled substance; or- Conviction for illegal manufacture or distribution of controlled

substance

24 CFR §100.202

To Discuss1. Why might a housing provider want to ask a

(potential) tenant questions about her disability?

2. Why might a (potential) tenant not want to answer those questions?

Step 5: Is the Tenant Requesting a Reasonable Accommodation?

Housing providers must make reasonable changes to their rules, policies, practices or services when necessary to afford a person with a disability an equal opportunity to use and enjoy the dwelling.

24 CFR §100.204

Examples of Reasonable Accommodations for Tenants with Mental Health Disabilities:

- Waiving a no-pets rule for a companion animal;

- Permitting an applicant or tenant who was recently hospitalized to use a co-signer on a lease in place of a recent rental history;

- Providing an apartment in a quiet location in the building

A reasonable accommodation can be requested at any time, from application through eviction.

The Reasonable Accommodations DANCE

D: The tenant must have a disability covered by fair housing laws.

A: The tenant must request the accommodation – no “magic words” are necessary.

N: The accommodation must be necessary for the tenant – there must be a nexus between the disability and the accommodations

C: The cost of the accommodation cannot impose an undue burden on the landlord

E: The effect of the accommodation cannot be a fundamental change to the housing provided

Cost & Interactive Process- Landlords bear the cost of reasonable

accommodations.

- Landlords should engage in an “interactive process” with a tenant who request an accommodation, even if the landlord thinks the tenant is dangerous.

Examples: Undue Burden & Fundamental

Alteration

- Asking a landlord to hire an outside party to mediate disputes with the landlord;

- Asking a landlord to provide attendant care to a tenant with a disability;

- Asking a landlord to wait for rent to be paid every other month.

Step 6: Is the Tenant Requesting a Reasonable Modification?

Housing providers must allow tenants with disabilities to make reasonable changes to the physical premises if necessary to allow them to use and enjoy the premises.

24 CFR §100.203)

Examples of Reasonable Modifications for Tenants with

Mental Health Disabilities - Allowing a tenant to install soundproofing if

noise exacerbates his disability, or if the disability causes the tenant to make noise

- Allowing a tenant to install blinds or drapes if her disability makes her sensitive to light

More on Reasonable Modifications

- Tenant pays for modifications- Interior, exterior or common areas- Workmanlike manner with necessary permits- Requested at any time, from application

through eviction- Detailed request in writing - Restoration to original condition- Escrow account

Step 7: Is the Tenant a Direct Threat?

Tenants are not protected if they pose a direct threat to others or substantial damage to others’ property, unless a reasonable accommodation would alleviate the threat.

Example of accommodation: Working with tenant’s choice of a third party to resolve disputes

Step 8: Does the Tenant Otherwise Meet the Requirements of the Tenancy?

Fair housing laws do not affect a tenant’s obligation to pay rent, provide quiet enjoyment, and otherwise comply with the requirements of the tenancy.

But landlords may be required to provide reasonable accommodations to allow a tenant to meet these requirements.

Step 9: Did the problem occur within the past one or two years?

Fair housing laws have statutes of limitations and filing deadlines. See comparison chart.

Hypothetical #1- Mr. A has been hospitalized for bipolar disorder four times in the

past two years. - Before he was diagnosed and hospitalized, he was evicted from

Shady Grove apartments for playing loud music in the middle of the night.

- In between hospitalizations, he has lived with friends or in homeless shelters.

- He has been out of the hospital for six months now, and has adopted a poodle who helps keep him relaxed and calm.

- He has applied for an apartment at Sunny Skies Village, requesting a waiver of the no-pets policy for his emotional support dog.

- Where the application asks for a reference from his previous landlord, Mr. A has written “Not Available.”

Hypothetical #2

- You are the property manager of Palo Verde Estates.- Ms. B has been your tenant for nine months.- Over the past three months, neighbors have complained

that Ms. B has been waking up at around 5:00am, leaning out her window, and screaming obscenities into the courtyard.

- When you witnessed a neighbor attempting to confront Ms. B about this behavior, you saw Ms. B yell in her face, push her, and then walk away mumbling things that did not seem to make sense.

- Several neighbors have asked you to evict Ms. B on the basis that she is a nuisance and a threat to the community

Strategies for Complying with Fair Housing Requirements

- Be receptive to input from consumers & advocates.

- Tap into community resources.- Collaborate with Consumer & Advocacy

Groups - Participate in Coalitions- Example: Room & Board Coalitions

To Discuss1. Can you think of other strategies to help

you comply with fair housing requirements?

2. Which of these strategies will be most helpful to you, and how?

ResourcesCalifornia Department of Justice

Legal Rights of Persons with Disabilities (2003)http://www.ag.ca.gov/consumers/pdf/disabled.pdf

U.S. Department of Justice & U.S. Department of Housing & Urban Development 

Joint Statement of the Department of Housing and Urban Development and the Department of Justice: Reasonable Accommodations under the Fair Housing Act (2004) http://www.hud.gov/offices/fheo/library/huddojstatement.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice: Reasonable Modifications under the Fair Housing Act (2008) http://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf

Resources, Cont. Disability Rights California

Housing Discrimination Fact Sheets (2012)http://www.disabilityrightsca.org/CalMHSA/CalMHSAfactsheets.htmlTopics include: Stigma, Stereotypes, Discrimination; Reasonable Accommodations; Reasonable Modifications; Service & Emotional Support Animals; Supportive Housing

Psychiatric Service and Emotional Support Animals (2009)http://www.disabilityrightsca.org/issues/mentalhealth_pubs.html

Funding Housing Modifications (2006) http://www.disabilityrightsca.org/issues/housing_pubs.html

Reasonable Accommodations Under Section 8 (2006), http://www.disabilityrightsca.org/issues/housing_pubs.html 

Resources, Cont. Judge David L. Bazelon Center for Mental Health Law 

Fair Housing Information Sheets http://www.bazelon.org/issues/housing/index.htm Topics include: Stigma, Stereotypes, Discrimination; Reasonable Accommodations; Reasonable Modifications; Service & Emotional Support Animals; Supportive Housing

What Fair Housing Means for People with Disabilities (2011)http://www.bazelon.org/issues/housing/publications/wfhm.pdf

Disability Rights California isfunded by a variety of sources, for a

complete list of funders, go to http://www.disabilityrightsca.org/

Documents/ListofGrantsAndContracts.html.

CalMHSA

The California Mental Health Services Authority (CalMHSA) is an organization of county governments working to improve mental health outcomes for individuals, families and communities. Prevention and Early Intervention programs implemented by CalMHSA are funded by counties through the voter-approved Mental Health Services Act (Prop 63). Prop. 63 provides the funding and framework needed to expand mental health services to previously underserved populations and all of California’s diverse communities.