the affects of fair housing on social service programs amber young, lmsw & stephanie bloom, lmsw
TRANSCRIPT
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
Questions?