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Fair Housing Enforcement Program

June 2015 Volume 2, Issue 6

Aloha!

Nationally and locally, the Fair Housing Act has beenin the news recently, including the release of studies,reports, charges, and settlements. See below for fairhousing news. This month's fact sheet focuses onmedical verification of need for reasonableaccommodation and modification requests. Nextmonth's newsletter will feature a fact sheet ondomestic violence and fair housing. As always, be sure to check out our website for moreprogram updates and resources!

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About Us

The Fair HousingEnforcement Program(FHEP) is a project of theLegal Aid Society ofHawaii. Our mission is topromote fair housing andend housingdiscrimination througheducation, advocacy,outreach, and litigation. All people in Hawaii havethe right to make housingchoices without regard torace, color, religion,national origin, sex,disability, familial status,age, gender identity orexpression, sexualorientation, maritalstatus, or HIV infection.

If you believe you havebeen denied access tohousing because of

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Recent Fair Housing News

National Fair Housing Alliance Releases its 2015Fair Housing Trends Report On April 30, 2015 the National Fair Housing Alliance(NFHA) released its 2015 Fair Housing TrendsReport, "Where You Live Matters." The reportreviews the importance of where you live, the benefitsof diverse communities, 2014 housing discriminationcomplaints, notable cases, policy issues, andrecommendations. It reveals that there are anestimated four million instances of discrimination inthe rental market alone each year, although less thanone percent is reported. In 2014, 27,528 instanceswere reported; 51.8 percent of complaints on thebasis of disability discrimination and 22 percent onthe basis of race. Private non-profit fair housingorganizations investigate over two thirds of thecomplaints. Read the report here. Impacts of Neighborhoods on Economic Mobility Recently, two studies were published that examinethe impacts of neighborhoods on intergenerationaleconomic mobility. The findings reveal that the areain which children grow up has a significant effect, andthat every year spent in a better area during childhoodincreases a child's earning in adulthood. The studiesconclude that efforts to move disadvantaged familiesinto mixed-income communities are likely to reducethe persistence of poverty across generations. Theexecutive summaries can be found here.

The studies have received coverage by the New YorkTimes (here, here, and here), and Atlantic's City Lab(here and here.)

HUD Settlement in Hawaii, Charge in NevadaRegarding Familial Status Discrimination

On May 8, 2015 the U.S. Department of Housing andUrban Development (HUD) announced it reached aconciliation agreement with owners of an apartmentcomplex in Kihei. The HUD investigation determinedthat the apartment complex designated two of thebuildings as adults only, and did not allow families tolive in those buildings. Furthermore, they requiredthat children of different genders sleep in different

discrimination, you maycall the FHEP Hotline at 808-527-8024 or from theNeighbor Islands,866-527-3247. Leave amessage and our IntakeSpecialist will call toschedule an interview. One of our staff attorneyswill then review your caseand determine whetherwe will be able to provideassistance.

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rooms. The apartment complex has agreed tochange their policies and attend fair housing training. HUD also announced it had charged Nevada rentalproperty owners who allegedly refused to rent to afamily because they had children. For moreinformation, click here to read the press release. Civil Rights Groups File Complaint against FannieMae for Racial Discrimination On May 13, 2015 the National Fair Housing Allianceannounced that it and 19 other fair housing and civilrights groups have filed a fair housing complaint withHUD against Fannie Mae, alleging racialdiscrimination in 34 U.S. metro areas and 129 cities. Investigations conducted from 2010 through 2015revealed that Fannie Mae, one of the largest ownersof foreclosed property in the U.S., maintains andmarkets its properties in white neighborhoodsconsistently better than those in African American orLatino neighborhoods. For more information, clickhere to read the press release. Justice Department Reaches Settlement Agreementwith Ruston, Louisiana Housing Authority, Norfolk,Virginia Retirement Home On May 11, 2015 the Justice Department announcedthat the Ruston Housing Authority (RHA) in Louisianahad agreed to a settlement resolving allegations ofracial discrimination. The Justice Departmentalleged that RHA assigned vacancies by race,placing predominantly white applicants in housinglocated in predominantly white neighborhoods, andAfrican American applicants in housing located inpredominantly African American neighborhoods,instead of by the order of the waiting list. Thesettlement agreement requires the RHA to makecomprehensive changes to their policies andprocedures and pay $175,000 to 19 victims, who willalso receive priority if they request to move to anothercomplex or reapply. To read more, click here. In Virginia, a settlement was reached in a case inwhich the Justice Department alleged that FortNorfolk Retirement Community in Norfolk, Virginiaviolated the fair housing act by enacting policies thatsegregated residents based on their level of disability

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such as limiting access to certain dining rooms andevents. In accordance with the settlement agreement,Fort Norfolk Retirement Community is to appoint afair housing compliance officer, implement newpolicies, pay $350,000 to residents harmed by thepolicies, and pay $40,000 to the federal government. To read more, click here. HUD Files Lawsuit against New Mexico Landlord,Reaches Agreement with Virginia Landlord, AlaskanMunicipality Alleging Disability Discrimination On May 4, 2015, HUD filed a lawsuit against a SanteFe, New Mexico landlord for alleged discriminationagainst a tenant with disabilities. The suit alleges thatthe landlord refused a request for a reasonableaccommodation to allow the tenant with apsychological disability keep an emotional supportanimal and have her daughter live with her, andthreatened eviction if she did not remove the dog andher daughter from the unit. For more information,click here to read the press release. On May 26, 2015 HUD announced it reached anagreement with a landlord in Virginia. The Roanokebased Retirement Unlimited, Inc. was alleged to havediscriminated against people with disabilities byrequiring residents who used motorized scooters topay an extra security deposit and obtain liabilityinsurance. Retirement Unlimited is to pay $107,500to aggrieved individuals, $30,000 to the non-profit fairhousing organization that filed the suit, $30,000 to aHUD approved non-profit that provides services topersons with disabilities, revise its policies, andprovide its staff training on the new policies. Formore information, click here to read the pressrelease. On May 14, 2015 HUD announced it has reached anagreement with Anchorage, Alaska. HUD allegedthat municipality zoning codes discriminated againstpeople with disabilities because it set differentstandards for different groups. Anchorage hasagreed to allow a qualified independent consultant toevaluate and advise on its zoning codes, and refundup to $5,000 in permit fees for variances regardingresidences for people with disabilities. Click here toread the press release.

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HUD Reaches Settlement Agreements in CasesAlleging Racial Discrimination On May 26, 2015, HUD announced it had reached ahistoric $200 million settlement agreement withWisconsin-based Associate Bank resolving redliningcomplaints. HUD accused the bank of discriminatorylending practices against African Americans andLatinos and their communities. It is the largestsettlement HUD has ever reached. Click here to readthe press release. On May 13, 2015 HUD announced it had reached asettlement agreement with an Ohio HousingAuthority. HUD alleged that the Housing Authoritydiscriminated against African Americans in itsadministration of Section 8 vouchers by using aresidency preference point system, disproportionatelypenalizing African Americans who did not reside inthe neighborhood. The Housing Authority is toeliminate the point system, purge its waiting list andoffer vouchers on a first come, first serve basis,create a $35,000 relocation assistance fund, marketits services to minorities who do not live or work in thearea, and develop a plan to increase services topersons with limited ability to read and write English. Click here to read the press release, and here to readmore. Finally, on May 12, 2015 HUD announced it hadreached a settlement agreement with a PennsylvaniaHousing Authority. HUD alleged that the HousingAuthority of Hazelton, Pennsylvania, discriminatedagainst Latino households by denying limited Englishproficiency services. The Housing Authority will pay$18,000 to complainants and in legal fees, providelimited English proficiency services, hire bilingualstaff, and require staff to attend fair housing andcultural competency training. Click here to read thepress release. Fair Housing Organization Files Lawsuit againstFlorida Apartments Alleging Racial Discrimination On April 1, 2015 the Housing Opportunities Projectfor Excellence (HOPE, Inc.) filed a lawsuit against twoFlorida apartments, Creek Club and Nile Gardens,

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alleging racial discrimination. HOPE, Inc. conductedfair housing testing that revealed African Americantesters were provided with different information thantheir Latino counterparts. For example, AfricanAmerican testers were consistently told apartmentunits were not available while Latino testers were toldthere were available units and offered viewings. Read more here.

Q&A: Medical Verification for ReasonableAccommodations or Modifications

When residents ask for reasonable accommodationsto rules/policies or reasonable modifications toexisting structures, the person requesting saidaccommodations or modifications must be disabledand there needs to be a nexus between the disabilityand the accommodation or modification beingsought. Residents typically do so by having amedical professional verify the need for theaccommodation or modification in light of theirdisabilities.

Q: I am requesting a reasonable modification

and the housing provider is asking forverification from my doctor. Can they ask for a

verification?

A: In most situations, a housing provider may requestverification of a disability from a medicalprofessional. The exception to requiring a medicalverification is when the disability is readily apparent,such as someone in a wheelchair asking for a rampmodification.

Q: Do I need to disclose the nature of my

disability in the medical verification?

A: No, the medical verification does not need to listthe nature of your disability. In terms of disclosure ofmedical information, your doctor or other treatingmedical professional only needs to disclose that youare disabled as defined under the law.Under federal and state law, an individual is disabledif he/she has a physical or mental impairment thatsubstantially limits one or more major life activities,has a record of such an impairment, or is regardedas having such an impairment. Major life activities

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include, but are not limited to, walking, seeing,hearing, speaking, breathing, thinking,communicating, learning, performing manual tasks,and caring for oneself.

Q: What information should my healthcare

provider include in the verification?

A: The medical verification should preferably be fromthe resident's treating healthcare provider. Theverification must also state that the person is disabledas defined under federal and state law. In addition toverifying that the person is disabled, the doctor mustalso state that the requested accommodation isnecessary to afford the resident full use andenjoyment of the dwelling. Q: I submitted a reasonable accommodation

request accompanied with a verification from my

doctor. The housing provider is now asking to

speak with my doctor. Can my housing provider

contact my healthcare provider for further

information regarding my disability?

A: No, a housing provider may not request medicalrecords nor access to healthcare providers to verify adisability. Housing providers also should not berequesting information regarding a person'sdiagnosis, treatment, or nature and severity of aperson's disability. Housing providers should only beinquiring into whether the person is disabled asdefined under the law, and whether theaccommodation being sought offers the requestingresident the same opportunity to use and enjoy theirunit as a non-disabled person. *For a PDF version of this fact sheet, please clickhere.

Upcoming Tester Training Sessions

The Fair Housing Tester Program will be holdingtester training sessions for anyone eligible to attend. All interested candidates must be 18 years and olderwith no previous felony record, have no open casewith the Legal Aid Society, and cannot have an activereal estate license.The following tester training sessions have beenscheduled for the month of June:

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Tuesday, June 9, 2015 in HonoluluThursday, June 25, 2015 on Maui

If you are unable to attend these sessions, you mayrequest a private training during general office hours.Please call the Fair Housing Tester Coordinator at(808) 527-8036 to register and to receive moredetails, or complete the online pre-screeningquestionnaire.

Future FHEP Outreaches

The Fair Housing team has a planned trainingscheduled for June 29, 2015 at Kahuku Elderly at11:00 am. This fair housing training session willfocus on Reasonable Accommodation Requestsunder the Fair Housing Act. For more information onthis training session, please contact Madonna at(808) 527-8083.

AmeriCorps members provide legal information at acommunity outreach event

Weekly Outreach at St. Elizabeth Episcopal

Church

FHEP Civil Rights Advocate, Madonna, will joinHealth Connector Advocate, Jojo Peter, at St.Elizabeth Episcopal Church in Kalihi on June 25thfrom 12:30-2:00 p.m. to provide educational andoutreach materials. Onsite intake services will also beavailable. If you or anyone you know has a fairhousing issue and is interested in applying for LegalAid services, feel free to come down. A Chuukeseinterpreter will also be available. For moreinformation on this outreach, please contact Madonna

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at (808) 527-8083.

Legal Aid Society of Hawaii | | info@fairhousinghawaii.org | http://www.fairhousinghawaii.org924 Bethel Street

Honolulu, HI 96813

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