housing. what does fair housing mean to a person with a disability? fair housing laws do the...

24
Housing Housing

Upload: tina-anderson

Post on 29-Mar-2015

223 views

Category:

Documents


3 download

TRANSCRIPT

Page 1: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

HousingHousing

Page 2: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

What does Fair Housing mean to a What does Fair Housing mean to a person with a disability?person with a disability?

Fair housing laws do the following:Fair housing laws do the following:Prohibits discrimination against persons with Prohibits discrimination against persons with disabilities.disabilities. Requires housing providers to make Requires housing providers to make reasonable accommodations for persons reasonable accommodations for persons with disabilities.with disabilities. Requires housing providers to allow persons Requires housing providers to allow persons with disabilities to make reasonable with disabilities to make reasonable modificationsmodifications. . Requires that new covered multifamily Requires that new covered multifamily housing be designed and constructed to be housing be designed and constructed to be accessible.accessible.

Page 3: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

What laws affect housing?What laws affect housing?The Americans with Disabilities Act:The Americans with Disabilities Act: In most cases, the ADA does not In most cases, the ADA does not apply to residential housing. Rather, the ADA applies to places of public apply to residential housing. Rather, the ADA applies to places of public accommodation such as restaurants, retail stores, libraries, and hospitals as accommodation such as restaurants, retail stores, libraries, and hospitals as well as commercial facilities such as offices buildings, warehouses, and well as commercial facilities such as offices buildings, warehouses, and factories. However, Title III of the ADA covers public and common use areas factories. However, Title III of the ADA covers public and common use areas at housing developments when these public areas are, by their nature, open at housing developments when these public areas are, by their nature, open to the general public. For example, it covers the rental office since the rental to the general public. For example, it covers the rental office since the rental office is open to the general public.office is open to the general public.Title II of the ADA applies to all programs, services, and activities provided or Title II of the ADA applies to all programs, services, and activities provided or made available by public entities. made available by public entities. This includes housing when the housing is provided This includes housing when the housing is provided or made available by a public entity. For example, or made available by a public entity. For example, housing covered by Title II of the ADA includes public housing covered by Title II of the ADA includes public housing authorities that meet the ADA definition of housing authorities that meet the ADA definition of "public entity," and housing operated by States or "public entity," and housing operated by States or units of local government, such as housing on a State units of local government, such as housing on a State university campus.university campus.

For the text of the ADA see http://www.usdoj.gov/crt/ada/adahom1.htmFor the text of the ADA see http://www.usdoj.gov/crt/ada/adahom1.htm

Page 4: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Federal Fair Housing ActFederal Fair Housing Act

Title VIII of the Civil Rights Act of 1968 (Fair Housing Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national related transactions, based on race, color, national origin, religion, sex, familial status (including children origin, religion, sex, familial status (including children under the age of 18 living with parents of legal under the age of 18 living with parents of legal custodians, pregnant women, and people securing custodians, pregnant women, and people securing custody of children under the age of 18), and handicap custody of children under the age of 18), and handicap (disability). (disability). For text of the FHA see For text of the FHA see http://www.usdoj.gov/crt/housing/title8.htmhttp://www.usdoj.gov/crt/housing/title8.htmFor examples of the FHA protections see For examples of the FHA protections see http://http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfmwww.hud.gov/offices/fheo/FHLaws/yourrights.cfm

Page 5: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Federal – Section 504 of the Federal – Section 504 of the Rehabilitation Act of 1973Rehabilitation Act of 1973

Section 504 prohibits discrimination based on disability in any program or activity Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance. receiving federal financial assistance. Section 504 Prohibitions Against DiscriminationSection 504 Prohibitions Against Discrimination                      

GuaranteeGuarantee ProhibitionProhibition

Opportunity to participate Opportunity to participate  Denying a qualified individual with disabilities the opportunity to participate in, or benefit from, the Denying a qualified individual with disabilities the opportunity to participate in, or benefit from, the housing, aid, benefit, or service.housing, aid, benefit, or service.

Equality of benefitsEquality of benefits Failing to afford a qualified individual with disabilities the opportunity for equal participation and Failing to afford a qualified individual with disabilities the opportunity for equal participation and benefit. benefit. 

Equality of opportunityEquality of opportunity Failing to provide a qualified individual with disabilities a program or service that affords the same Failing to provide a qualified individual with disabilities a program or service that affords the same opportunity to benefit as that afforded others. opportunity to benefit as that afforded others. 

No unnecessary difference or separatenessNo unnecessary difference or separateness Providing different or separate housing, aid, benefits or services on the basis of disability unless Providing different or separate housing, aid, benefits or services on the basis of disability unless providing such is necessary to provide housing or benefits that are as effective as that provide to providing such is necessary to provide housing or benefits that are as effective as that provide to persons without disabilities. persons without disabilities. 

No assistance to entities that discriminateNo assistance to entities that discriminate Providing significant assistance to an agency, organization or person that discriminates on the Providing significant assistance to an agency, organization or person that discriminates on the basis of disability in any aspect of a federally assisted activity.basis of disability in any aspect of a federally assisted activity.

Opportunity to serve on boardsOpportunity to serve on boards Denying a qualified individual with disabilities the opportunity to participate as a member of planning Denying a qualified individual with disabilities the opportunity to participate as a member of planning or advisory boards.or advisory boards.

No denial of right to a dwellingNo denial of right to a dwelling Denying a dwelling to an otherwise qualified buyer or renter because of a disability of that buyer or Denying a dwelling to an otherwise qualified buyer or renter because of a disability of that buyer or renter or another prospective tenant.renter or another prospective tenant.

No discriminatory limitation of benefitsNo discriminatory limitation of benefits Limiting in any other manner a qualified individual with disabilities in the enjoyment of any right, Limiting in any other manner a qualified individual with disabilities in the enjoyment of any right, privilege, advantage, or opportunity afforded to others. privilege, advantage, or opportunity afforded to others. 

Most integrated settingMost integrated setting Providing programs or services to qualified individuals with disabilities in settings that are Providing programs or services to qualified individuals with disabilities in settings that are unnecessarily separate, segregated or restricted.unnecessarily separate, segregated or restricted.

Page 6: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Federal - Federal - Architectural Barriers Act of 1968Architectural Barriers Act of 1968 The Architectural Barriers The Architectural Barriers Act requires that buildings Act requires that buildings and facilities designed, and facilities designed, constructed, altered, or constructed, altered, or leased with certain leased with certain federal funds after federal funds after September 1969 must be September 1969 must be accessible to and useable accessible to and useable by handicapped persons. by handicapped persons. For text of the ABA see For text of the ABA see http://www.access-board.http://www.access-board.gov/about/ABA.htmgov/about/ABA.htm

Page 7: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Federal – Executive OrdersFederal – Executive OrdersExecutive Order 11063Executive Order 11063Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or other disposition of Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal properties and facilities owned or operated by the federal government or provided with federal funds.funds.Executive Order 11246Executive Order 11246Executive Order 11246, as amended, bars discrimination in federal employment because of race, Executive Order 11246, as amended, bars discrimination in federal employment because of race, color, religion, sex, or national origin. color, religion, sex, or national origin. Executive Order 12892Executive Order 12892Executive Order 12892, as amended, requires federal agencies to affirmatively further fair Executive Order 12892, as amended, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort. The Order also establishes the President's Fair Housing responsible for coordinating the effort. The Order also establishes the President's Fair Housing Council, which will be chaired by the Secretary of HUD. Council, which will be chaired by the Secretary of HUD. Executive Order 12898Executive Order 12898Executive Order 12898 requires that each federal agency conduct its program, policies, and Executive Order 12898 requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not activities that substantially affect human health or the environment in a manner that does not exclude persons based on race, color, or national origin. exclude persons based on race, color, or national origin. Executive Order 13166Executive Order 13166Executive Order 13166 eliminates, to the extent possible, limited English proficiency as a barrier Executive Order 13166 eliminates, to the extent possible, limited English proficiency as a barrier to full and meaningful participation by beneficiaries in all federally-assisted and federally to full and meaningful participation by beneficiaries in all federally-assisted and federally conducted programs and activities. conducted programs and activities. Executive Order 13217Executive Order 13217Executive Order 13217 requires federal agencies to evaluate their policies and programs to Executive Order 13217 requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities. arrangements for persons with disabilities.

Page 8: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

State Laws - State Laws - Fair Employment Fair Employment and Housing Actand Housing Act

The Fair Employment and Housing Act specifics: The Fair Employment and Housing Act specifics: Prohibits discrimination and harassment in all aspects of Prohibits discrimination and harassment in all aspects of housing including sales and rentals, evictions, terms and housing including sales and rentals, evictions, terms and conditions, mortgage loans and insurance, and land use conditions, mortgage loans and insurance, and land use and zoning. and zoning. Requires housing providers to make reasonable Requires housing providers to make reasonable accommodation in rules and practices to permit persons accommodation in rules and practices to permit persons with disabilities to use and enjoy a dwelling and to allow with disabilities to use and enjoy a dwelling and to allow persons with disabilities to make reasonable persons with disabilities to make reasonable modifications of the premises. modifications of the premises. Prohibits retaliation against any person who has filed a Prohibits retaliation against any person who has filed a complaint with the Department, participated in a complaint with the Department, participated in a Department investigation or opposed any activity Department investigation or opposed any activity prohibited by the Act. prohibited by the Act.

Page 9: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Remedies under FEHARemedies under FEHA

The law provides for a variety of remedies, which may include: The law provides for a variety of remedies, which may include: Housing Previously Denied, Out-Of-Pocket Expenses, Cease and Housing Previously Denied, Out-Of-Pocket Expenses, Cease and Desist Orders, Damages for Emotional Distress, Reasonable Desist Orders, Damages for Emotional Distress, Reasonable Attorneys Fees and Costs, Expert Witness Fees, Civil Penalties, Attorneys Fees and Costs, Expert Witness Fees, Civil Penalties, and Court Ordered Punitive Damages and Court Ordered Punitive Damages Persons who believe they have experienced housing discrimination Persons who believe they have experienced housing discrimination may file a DFEH complaint. Complaints must be filed within may file a DFEH complaint. Complaints must be filed within one one yearyear from the date of the alleged discriminatory act. from the date of the alleged discriminatory act.

Persons wishing to file a lawsuit directly in court do Persons wishing to file a lawsuit directly in court do notnot need a need a "right-to-sue" from DFEH. "right-to-sue" from DFEH.

Civil lawsuits must be filed within Civil lawsuits must be filed within two yearstwo years of the alleged of the alleged discrimination. discrimination. For text of the FEHA see For text of the FEHA see http://www.dfeh.ca.gov/Statutes/FEHA%202005.pdfhttp://www.dfeh.ca.gov/Statutes/FEHA%202005.pdf

Page 10: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

State Law – Unruh Civil Rights ActState Law – Unruh Civil Rights Act

This law requires "Full and equal accommodations, advantages, This law requires "Full and equal accommodations, advantages, facilities, privileges or services in facilities, privileges or services in allall business establishments." This business establishments." This includes but is not limited to: includes but is not limited to: Hotels and Motels, Non-Profit Organizations, Restaurants, Theaters, Hotels and Motels, Non-Profit Organizations, Restaurants, Theaters, Hospitals, Barber and Beauty Shops, Housing Accommodations, Hospitals, Barber and Beauty Shops, Housing Accommodations, Public Agencies, and Retail Establishments. Public Agencies, and Retail Establishments. The Unruh Civil Rights Act also contains the requirements for the The Unruh Civil Rights Act also contains the requirements for the senior housing exemption. Housing accommodations that meet senior housing exemption. Housing accommodations that meet these requirements are exempt from the familial status provisions of these requirements are exempt from the familial status provisions of the Fair Employment and Housing Act and may, therefore, legally the Fair Employment and Housing Act and may, therefore, legally discriminate against families with children. discriminate against families with children.

The Unruh senior housing requirements apply to all types of housing The Unruh senior housing requirements apply to all types of housing except mobile homes. To be exempt from familial status except mobile homes. To be exempt from familial status discrimination, mobile home parks must meet the requirements set discrimination, mobile home parks must meet the requirements set forth under the Federal Fair Housing (Amendments) Act of 1988 (as forth under the Federal Fair Housing (Amendments) Act of 1988 (as amended). amended).

Page 11: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Remedies under UnruhRemedies under Unruh

This law provides for a variety of remedies which may include: This law provides for a variety of remedies which may include: Out-Of-Pocket Expenses, Cease and Desist Orders, Damages for Out-Of-Pocket Expenses, Cease and Desist Orders, Damages for Emotional Distress Emotional Distress Court ordered damages may include a maximum of three times the Court ordered damages may include a maximum of three times the amount of actual damages. amount of actual damages.

Persons who believe they have experienced discrimination may file Persons who believe they have experienced discrimination may file a DFEH complaint. Complaints must be filed within a DFEH complaint. Complaints must be filed within one yearone year of the of the alleged discrimination. Persons wishing to file directly in court do alleged discrimination. Persons wishing to file directly in court do notnot need a "right-to-sue" from the Department of Fair Employment need a "right-to-sue" from the Department of Fair Employment and Housing. and Ralph Actand Housing. and Ralph ActFor text of the Unruh Act see For text of the Unruh Act see http://www.dfeh.ca.gov/Statutes/UNRUH%20RALPH.pdfhttp://www.dfeh.ca.gov/Statutes/UNRUH%20RALPH.pdf

Page 12: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

State Law – Ralph Civil Rights ActState Law – Ralph Civil Rights Act

The The Ralph Civil Rights ActRalph Civil Rights Act, California Civil Code section , California Civil Code section 51.7, provides protection from hate crimes.  It prohibits 51.7, provides protection from hate crimes.  It prohibits violence or threats of violence based on: violence or threats of violence based on: Age, Ancestry, Color, Disability, National Origin, Political Age, Ancestry, Color, Disability, National Origin, Political Affiliation, Position in a Labor Dispute, Race, Religion, Affiliation, Position in a Labor Dispute, Race, Religion, Sex, or Sexual Orientation Sex, or Sexual Orientation

For text of the Ralph Act see For text of the Ralph Act see http://www.dfeh.ca.gov/Statutes/UNRhttp://www.dfeh.ca.gov/Statutes/UNRUH%20RALPH.pdfUH%20RALPH.pdf

Page 13: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Remedies under RalphRemedies under RalphCivil remedies available under the Civil remedies available under the Ralph Civil Rights ActRalph Civil Rights Act include: include: Restraining Orders: After a restraining order is obtained from a court, violators of that Restraining Orders: After a restraining order is obtained from a court, violators of that court order can be fined or jailed.court order can be fined or jailed.    Actual Damages: Damages of up to $150,000 may include the cost of the victim's Actual Damages: Damages of up to $150,000 may include the cost of the victim's medical treatment, lost wages, property repair, or payment for emotional suffering and medical treatment, lost wages, property repair, or payment for emotional suffering and distress.distress.    Punitive Damages: A court can order additional damages to punish violators.Punitive Damages: A court can order additional damages to punish violators.    Civil Penalties: A court or the Fair Employment and Housing Commission may order Civil Penalties: A court or the Fair Employment and Housing Commission may order a fine of up to $25,000 which would be awarded to the person filing the complaint.a fine of up to $25,000 which would be awarded to the person filing the complaint.    Attorney's Fees: A court may order the payment of the complainant's attorney fees Attorney's Fees: A court may order the payment of the complainant's attorney fees resulting from the lawsuit. resulting from the lawsuit. Persons who believe they have been subjected to hate violence may file a DFEH Persons who believe they have been subjected to hate violence may file a DFEH complaint. The complaint must be filed complaint. The complaint must be filed withinwithin one yearone year from the date the victim of from the date the victim of the act or threat of violence becomes aware of the perpetrator(s) identity, but in no the act or threat of violence becomes aware of the perpetrator(s) identity, but in no case case more than three yearsmore than three years from the date of harm.  Persons wishing to file directly in from the date of harm.  Persons wishing to file directly in court do not need a "right-to-sue" notice from DFEH.court do not need a "right-to-sue" notice from DFEH.

Page 14: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Group homes are also protected Group homes are also protected The Fair Housing Act makes it unlawful -- The Fair Housing Act makes it unlawful -- To utilize land use policies or actions that treat groups of persons with To utilize land use policies or actions that treat groups of persons with disabilities less favorably than groups of non-disabled persons. An example disabilities less favorably than groups of non-disabled persons. An example would be an ordinance prohibiting housing for persons with disabilities or a would be an ordinance prohibiting housing for persons with disabilities or a specific type of disability, such as mental illness, from locating in a particular specific type of disability, such as mental illness, from locating in a particular area, while allowing other groups of unrelated individuals to live together in area, while allowing other groups of unrelated individuals to live together in that area. that area. To take action against, or deny a permit, for a home because of the To take action against, or deny a permit, for a home because of the disability of individuals who live or would live there. An example would be disability of individuals who live or would live there. An example would be denying a building permit for a home because it was intended to provide denying a building permit for a home because it was intended to provide housing for persons with mental retardation. housing for persons with mental retardation. To refuse to make reasonable accommodations in land use and zoning To refuse to make reasonable accommodations in land use and zoning policies and procedures where such accommodations may be necessary to policies and procedures where such accommodations may be necessary to afford persons or groups of persons with disabilities an equal opportunity to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing. use and enjoy housing.

See See http://www.usdoj.gov/crt/housing/final8_1.htmhttp://www.usdoj.gov/crt/housing/final8_1.htmhttp://www.pai-ca.org/pubs/521901.pdfhttp://www.pai-ca.org/pubs/521901.pdf

Page 15: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Eviction Laws also apply to Eviction Laws also apply to Group Homes Group Homes

http://www.pai-ca.org/pubs/531601.htmlhttp://www.pai-ca.org/pubs/531601.html

Page 16: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Mobile Homes and RV Parks Mobile Homes and RV Parks are completely different when it are completely different when it comes to housing law – be sure comes to housing law – be sure

to look it up!to look it up!http://www.hcd.ca.gov/codes/ol/ombpg-http://www.hcd.ca.gov/codes/ol/ombpg-menu.htmlmenu.html

Page 17: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Fair Housing for Native Americans Fair Housing for Native Americans

Many tribes have their own housing Many tribes have their own housing development offices and subsidy programs.development offices and subsidy programs.

HUD and other Federal agencies offer a range HUD and other Federal agencies offer a range of programs, assistance, and loan programs of programs, assistance, and loan programs specifically for Native American tribes, specifically for Native American tribes, organizations, and sometimes individuals. organizations, and sometimes individuals.

http://www.hud.gov/groups/nativeamericans.cfmhttp://www.hud.gov/groups/nativeamericans.cfm

Page 18: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

How do I file a Federal Complaint?How do I file a Federal Complaint?

HUD Fill out a form found at HUD Fill out a form found at http://www5.hud.gov:1025/netdynamics/ndNSAPI.nd/HUD903/pagHUhttp://www5.hud.gov:1025/netdynamics/ndNSAPI.nd/HUD903/pagHUDPrivacy DPrivacy Or a letter with the followingOr a letter with the followingYour name and addressYour name and addressThe name and address of the person your complaint is aboutThe name and address of the person your complaint is aboutThe address of the house or apartment you were trying to rent or buy The address of the house or apartment you were trying to rent or buy The date when this incident occurredThe date when this incident occurredA short description of what happenedA short description of what happenedThen mail it to the Fair Housing Hub closest to you:Then mail it to the Fair Housing Hub closest to you:U.S. Department of Housing and Urban DevelopmentU.S. Department of Housing and Urban DevelopmentPhillip Burton Federal BuildingPhillip Burton Federal Buildingand U.S. Courthouseand U.S. Courthouse450 Golden Gate Avenue, 9th Floor450 Golden Gate Avenue, 9th FloorP.O. Box 36003P.O. Box 36003San Francisco, California 94102-3448San Francisco, California 94102-3448(415) 436-8400(415) 436-84001-800-347-37391-800-347-3739TTY (415) 436-6594TTY (415) 436-6594

Page 19: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

How do I file a State Complaint?How do I file a State Complaint?Housing Complaint Flow Chart can be found at Housing Complaint Flow Chart can be found at http://www.dfeh.ca.gov/complaintHousingflow.asphttp://www.dfeh.ca.gov/complaintHousingflow.asp

IntakeIntake Complainants are first interviewed to collect facts about possible discrimination. Complainants are first interviewed to collect facts about possible discrimination.

Interviews are normally conducted by telephone. Prior to the interview, a Pre-Complaint Interviews are normally conducted by telephone. Prior to the interview, a Pre-Complaint Questionnaire, (DFEH-700-01) English or (DFEH-700-01s) Spanish, must be filled out Questionnaire, (DFEH-700-01) English or (DFEH-700-01s) Spanish, must be filled out and mailed to the Department. You can obtain a copy of this questionnaire by and mailed to the Department. You can obtain a copy of this questionnaire by contacting DFEHcontacting DFEH or by downloading it from the or by downloading it from the PublicationsPublications page. Once the completed page. Once the completed questionnaire has been received by the Department, you will be contacted to arrange the questionnaire has been received by the Department, you will be contacted to arrange the telephone interview. telephone interview.

FilingFiling If the complaint is accepted for investigation, the interviewing Consultant drafts a formal If the complaint is accepted for investigation, the interviewing Consultant drafts a formal

complaint on the DFEH's standard form. It is signed and served on the Respondent. complaint on the DFEH's standard form. It is signed and served on the Respondent. If jurisdictional under federal law, the complaint is also filed with the United States If jurisdictional under federal law, the complaint is also filed with the United States

Department of Housing and Urban Development (HUD). As a substantially equivalent Department of Housing and Urban Development (HUD). As a substantially equivalent agency, DFEH's findings are usually accepted by HUD. agency, DFEH's findings are usually accepted by HUD.

The Respondent is required to answer the complaint and is given the opportunity to The Respondent is required to answer the complaint and is given the opportunity to voluntarily resolve it. A no-fault resolution can be negotiated at any time during the voluntarily resolve it. A no-fault resolution can be negotiated at any time during the complaint process. complaint process.

Complaints can be filed by individuals, the Director of DFEH, or a community Complaints can be filed by individuals, the Director of DFEH, or a community organization. organization.

Page 20: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

What will DFEH do in regards to my What will DFEH do in regards to my complaint?complaint?

InvestigationInvestigation DFEH investigates every case in a standard, timely manner. DFEH investigates every case in a standard, timely manner. DFEH has the authority to take depositions, issue subpoenas and interrogatories and seek DFEH has the authority to take depositions, issue subpoenas and interrogatories and seek

Temporary Restraining Orders when appropriate. Temporary Restraining Orders when appropriate. If the investigative findings do not show a violation of the law, DFEH will close the case. If the investigative findings do not show a violation of the law, DFEH will close the case.

ConciliationConciliation Formal conciliation conferences are scheduled when the investigative findings show a Formal conciliation conferences are scheduled when the investigative findings show a

violation of the law. violation of the law. During the conciliation conference, the Department presents information supporting its belief During the conciliation conference, the Department presents information supporting its belief

that there has been a violation and explores options to resolve the complaint. that there has been a violation and explores options to resolve the complaint. If formal conciliation fails, the Housing Administrator may recommend litigation. If formal conciliation fails, the Housing Administrator may recommend litigation.

LitigationLitigation After issuing an accusation, DFEH legal staff litigates the case. Based on the option of the After issuing an accusation, DFEH legal staff litigates the case. Based on the option of the

parties, the case may be heard before the Fair Employment and Housing Commission parties, the case may be heard before the Fair Employment and Housing Commission (FEHC) or in civil court. (FEHC) or in civil court.

RemediesRemedies The FEHC may order remedies for out-of-pocket losses, injunctive relief, access to the The FEHC may order remedies for out-of-pocket losses, injunctive relief, access to the

housing previously denied, additional damages for emotional distress, and civil penalties up housing previously denied, additional damages for emotional distress, and civil penalties up to $10,000 for the first violation. Court remedies are identical with one exception: to $10,000 for the first violation. Court remedies are identical with one exception:

Instead of civil penalties, a court may award unlimited punitive damages. Instead of civil penalties, a court may award unlimited punitive damages.

Page 21: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

What will my decision look like?What will my decision look like?

Copies of state decisions can be found at Copies of state decisions can be found at http://www.dfeh.ca.gov/PrecedentialD/Decihttp://www.dfeh.ca.gov/PrecedentialD/Decisions.aspsions.asp

Page 22: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

ResourcesResources

HUD Publications on Fair HousingHUD Publications on Fair Housinghttp://www.hud.gov/offices/fheo/FHLaws/FairHousingJan2002.pdfhttp://www.hud.gov/offices/fheo/FHLaws/FairHousingJan2002.pdfHUD Library Resources on HousingHUD Library Resources on Housinghttp://www.hud.gov/library/bookshelf04/index.cfmhttp://www.hud.gov/library/bookshelf04/index.cfmState Fair Housing Fact SheetState Fair Housing Fact Sheethttp://www.dfeh.ca.gov/Publications/Housing%20Rights%20Fact%2http://www.dfeh.ca.gov/Publications/Housing%20Rights%20Fact%20Sheet.pdf0Sheet.pdf““What ‘Fair Housing’ Means for People with Disabilities.” What ‘Fair Housing’ Means for People with Disabilities.” http://www.bazelon.org/issues/housing/publications/index.htmhttp://www.bazelon.org/issues/housing/publications/index.htmCalifornia Tenants California Tenants http://http://www.dca.ca.gov/legal/landlordbook/catenant.pdfwww.dca.ca.gov/legal/landlordbook/catenant.pdf Self Advocacy Skills in Housing Self Advocacy Skills in Housing http://www.pai-ca.org/pubs/521501.pdfhttp://www.pai-ca.org/pubs/521501.pdf

Page 23: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Section 8Section 8

This is only for Section 8 – not for other subsidized housing.This is only for Section 8 – not for other subsidized housing.The Section 8 Housing Choice Voucher Program administered The Section 8 Housing Choice Voucher Program administered through the U.S. Department of HUD is one of the most important through the U.S. Department of HUD is one of the most important federal programs for people with disabilities. With Section 8, people federal programs for people with disabilities. With Section 8, people with disabilities can become more independent and have the with disabilities can become more independent and have the opportunity for full community integration.opportunity for full community integration.Section 8 Made Simple Section 8 Made Simple http://www.tacinc.org/cms/admin/cms/_uploads/docs/Sect8.2ndEd.phttp://www.tacinc.org/cms/admin/cms/_uploads/docs/Sect8.2ndEd.pdfdfPublications related to Section 8 Publications related to Section 8 http://www.nhlp.org/html/sec8/index.htmhttp://www.nhlp.org/html/sec8/index.htmReasonable Accommodations – People may need help with the Reasonable Accommodations – People may need help with the bureaucracy of the program.bureaucracy of the program.http://www.pai-ca.org/pubs/541801.htmhttp://www.pai-ca.org/pubs/541801.htmReasonable Modifications – Allows altering of the property.Reasonable Modifications – Allows altering of the property.

Page 24: Housing. What does Fair Housing mean to a person with a disability? Fair housing laws do the following: Prohibits discrimination against persons with

Accommodations and ModificationsAccommodations and Modifications

Using Reasonable Accommodations to Preserve Using Reasonable Accommodations to Preserve Rights of Tenants With Disabilities (Copyright Rights of Tenants With Disabilities (Copyright 1999) English, by Sherry Trafford at Bazelon 1999) English, by Sherry Trafford at Bazelon Center for Mental Health Law, 1101 15th St. Center for Mental Health Law, 1101 15th St. NW, Suite 1212, Washington, DC 20005, (202) NW, Suite 1212, Washington, DC 20005, (202) 467-5730, 467-5730, [email protected]@bazelon.org, (PAI #5140.01, , (PAI #5140.01, $1.50). $1.50).

Funding Housing ModificationsFunding Housing Modifications

http://www.pai-ca.org/pubs/539101.htmhttp://www.pai-ca.org/pubs/539101.htm