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The City of Terre Haute Human Relations Commission presents Community Fair Housing Workshop Sponsored by the Indiana Civil Rights Commission and the Indiana.

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Presentation on theme: "The City of Terre Haute Human Relations Commission presents Community Fair Housing Workshop Sponsored by the Indiana Civil Rights Commission and the Indiana."— Presentation transcript:

1 The City of Terre Haute Human Relations Commission presents Community Fair Housing Workshop Sponsored by the Indiana Civil Rights Commission and the Indiana Housing and Community Development Authority Indiana Civil Rights Commission Welcome

2 April 18, 2011 Joshua Sol Brewster, Esq. Deputy Director, Indiana Civil Rights Commission

3 Title 32, Article 31

4  Applies to rental agreements for DWELLINGS  Does NOT apply to  Medical care residence  Contract for sale  Hotels, motels  Occupancy conditioned on employment  Condominiums Indiana Civil Rights Commission

5  Deposits must be returned upon termination, but  Landlord may deduct:  Unpaid rent (if agreed)  Damages  Unpaid utility fees Indiana Civil Rights Commission

6 Upon termination, tenant must inform landlord of new mailing address. Landlord must itemize deductions and notify in writing within 45 days of termination. Landlord must include payment of remaining deposit with notice. Failure to provide notice within 45 days, landlord must reimburse FULL deposit. Failure to comply with law, landlord is liable for deposit PLUS attorney fees and costs. Indiana Civil Rights Commission

7  “Exempt property”  Medical supplies  Business supplies  Clothing  Blankets  Schooling/child care supplies Property may not be taken by landlord in compensation for debt, unless agreed to. Indiana Civil Rights Commission

8  Non-exempt property may be removed by landlord ONLY when:  Abandoned by tenant or  Upon court order following possession Landlord must notify tenant of order and location of warehouse. Warehouse must release exempt property upon owner demand, without cost. Indiana Civil Rights Commission

9  A warehouse holds a lien on non-exempt property for  Storage  Transportation  Insurance  Labor  Present or future charges related to the property  Expenses necessary for preservation of the property  Expenses reasonably incurred in the lawful sale of the property Warehouse may sell property 90 days after landlord’s notice of removal. Indiana Civil Rights Commission

10 A landlord may not interfere with a tenant’s access to a dwelling.  Unless property has been “abandoned”:  Tenant has failed to pay rent,  Offered to pay rent, OR  Surrendered possession Indiana Civil Rights Commission

11  “Interference” includes:  Changing locks  Removing doors  Removing appliances  Interrupting utilities Landlord may interrupt these services ONLY in an emergency or for repairs. Neither shall a tenant interrupt these services if doing so would cause damage to unit. Indiana Civil Rights Commission

12  A tenant may not unreasonably deny landlord access to dwelling for:  Inspection  Necessary or agreed repairs  Provision of services  Exhibition of unit to prospective tenant, purchase, contractor, etc. Indiana Civil Rights Commission

13  A landlord shall provide reasonable notice of entry.  A landlord shall enter only at reasonable times.  A landlord may ONLY enter a dwelling without notice in an emergency.  A landlord may ONLY enter a dwelling without consent upon court order or abandonment. Indiana Civil Rights Commission

14  Either a tenant OR a landlord may petition a Small Claims Court for an order granting emergency possession of a dwelling unit when:  A landlord has interfered with access,  A tenant has or threatens to commit “waste” to the property AND  Serious loss, damage or injury has occurred. Indiana Civil Rights Commission

15  Comply with health and housing codes  Keep premises clean  Use utilities and appliances reasonably  Refrain from damaging property  Return property to original condition, excepting ordinary wear and tear After notice and time to remedy, a landlord may bring court action to enforce these obligations. Indiana Civil Rights Commission

16  Deliver unit in safe, clean, habitable condition  Comply with health and housing codes  Keep common areas in clean and proper condition  Maintain in good condition electrical, plumbing, heating/AC, sanitary, elevators, and appliances Tenant, after notice and time to remedy, may bring court action to enforce these obligations. Indiana Civil Rights Commission

17  Applicable offenses:  Crime involving domestic or family violence  Sex offense  Stalking A landlord shall not refuse to rent to, renew the lease of, evict or retaliate against a tenant, applicant or member of the household of one who is the victim or alleged victim of an applicable offense. Indiana Civil Rights Commission

18  A landlord shall, upon court order and notice, change the locks of a protected individual within 48 hours (24 hours if victim lives with perpetrator).  Tenant is responsible for paying for new locks (unless landlord fails to change locks in timely manner).  A landlord is not liable for excluding a perpetrator from the protected unit.  A victim may terminate a lease upon 30-day notice, showing of court order and “safety plan”. Indiana Civil Rights Commission

19 Indiana Code Title 22, Article 9.5

20  A landlord shall not refuse to:  Rent  Negotiate for rent  Deny availability  Offer different terms/conditions of rental, or  Otherwise make unavailable a unit Because of a person’s race, color, religion, national origin, sex, disability or familial status. Indiana Civil Rights Commission

21  A landlord shall not impose unreasonable occupancy limits on rental units.  2 persons per bedroom is considered reasonable, BUT dependent on size of unit.  Has the effect of excluding families with children. Indiana Civil Rights Commission

22  A landlord must make reasonable accommodations in rules or policies in order to allow a tenant with a disability to enjoy the use of the premises.  EXAMPLES  Assigned parking  Service animals  Delivery of rent payment Indiana Civil Rights Commission

23  A landlord must allow, at the expense of the tenant, reasonable modifications to the tenant’s unit in order to allow equal enjoyment of the dwelling.  EXAMPLES  Installing grab bars in bathroom  Widening doorways  Installing ramps  Removing carpet  Lowering cabinets Indiana Civil Rights Commission

24  Multi-family dwellings built after 1991 MUST be accessible to people with disabilities.  All units with elevators  Ground floor without elevators Access into, through and among units, including common areas. Indiana Civil Rights Commission

25  A neighborhood association or municipality may not unreasonably prohibit the rental of single-family homes.  Such prohibitions may have a disparate impact on minority populations.  See Villas West II of Willowridge Homeowners Assoc. vs. McGlothin, 841 N.E.2d 584 (Ind.Ct.App. 2006) Indiana Civil Rights Commission

26 Indiana Civil Rights Commission 100 North Senate Ave., N104 Indianapolis, IN (800) District 7 Pro Bono Organization District 7 Pro Bono Organization 506 Ohio Street, Suite 2 P.O. Box 3342 Terre Haute, IN (812) Indiana Civil Rights Commission

27 The City of Terre Haute Human Relations Commission presents Community Fair Housing Workshop Sponsored by the Indiana Civil Rights Commission and the Indiana Housing and Community Development Authority Indiana Civil Rights Commission Section 8/Homeless Prevention and Rapid Re- housing Program (HPRP) Terre Haute Housing Authority Kelli Fuller, Manager Wanda Hoffman, Section 8 Supervisor Amelia Combs, HPRP Case Manager Marsha Carlock, Senior Property Manager

28 Henrietta Poindexter REPACE Director, Indiana Civil Rights Commission April 18, 2011

29  1961-Fair Employment Practice Commission  Limited to employment matters  No enforcement ability Indiana Civil Rights Commission

30  Areas and groups  1963-Act became law  Name changed: Indiana Civil Rights Commission  Enforcement Powers: Employment, Education & Public Accommodation  1965-Housing added  1971-gender Indiana Civil Rights Commission

31  1974-Credit  1975-Disabilities added as protected class  1991-Enforcement changed to comply with the Federal Fair Housing Act  Coverage added for families with children under 18  Victims of housing discrimination given right elect agency or judicial enforcement of claims Indiana Civil Rights Commission

32  Most of 20 th Century, people with disabilities were not part of the “mainstream” housing market  Responsibilities of housing providers to:  Accommodate people with disabilities.  Provide Accessible housing  Make modifications Indiana Civil Rights Commission

33  Equality  Integration  Choice  Individuality Indiana Civil Rights Commission

34  People with disabilities should have an equal opportunity to live where they want, and not be subjected to rules or requirements that are different from those applied to people without disabilities. Indiana Civil Rights Commission

35 People with disabilities are entitles to live in communities with their neighbors. Integration does not just mean physical presence in a neighborhood, but participation in community services and activities. Indiana Civil Rights Commission

36  People with disabilities are entitled to choice where they want to live.  All people, including individuals with disabilities, learn by taking risks; the “Dignity of Risk”.  “Nothing About Us Without Us” Indiana Civil Rights Commission

37 Housing providers must respect the unique needs and circumstances of individuals with disabilities and offer reasonable accommodations to meet these needs when requested. Indiana Civil Rights Commission

38  Indiana Civil Rights Act  Indiana Fair Housing Act  Federal Fair Housing Act  Americans with Disabilities Act  Architectural Barriers Act  Rehabilitation Act Indiana Civil Rights Commission

39 Americans with Disabilities Act (ADA) Prohibits discrimination in the areas of: – Employment – Public Accommodations – Public Transportation – State/Local Government Activities Indiana Civil Rights Commission

40  Architectural Barriers Act  Buildings constructed, designed or altered with the use of Federal funds must be accessible to persons with disabilities.  Rehabilitation Act (Sec.504)  Prohibits discrimination in any program benefiting from Federal funds. Indiana Civil Rights Commission

41  Indiana Civil Rights Act  Employment, Public Accommodation, Real Estate, Credit and Education  Indiana Fair Housing Act  Housing Indiana Civil Rights Commission

42 Prohibits discrimination on the basis of: Race/color National origin Religion Sex Disability Indiana Civil Rights Commission

43  “Disability” is defined as:  A substantial impairment, which  Limits a major life activity. Indiana Civil Rights Commission

44  Caring for one self  Performing manual tasks  Walking  Seeing  Hearing  Speaking  Breathing  Learning  Working  And others Indiana Civil Rights Commission

45 A record of having such an impairment Being regarded as having such an impairment Indiana Civil Rights Commission

46  Use of illegal drugs  Conviction of manufacture or distribution of illegal drugs  Direct threat to others. Indiana Civil Rights Commission

47  Accessibility  Accommodations  Modifications Indiana Civil Rights Commission

48 Landlords Housing Managers Real Estate Personnel Brokerage Housing Service Persons Lending institution cannot ask if you have mental or physical disability or nature of that disability Only ask questions that are asked of all applicants Indiana Civil Rights Commission

49  Race  Color  Religion  Sex  Disability (Handicap)  National Origin  Familial Status Indiana Civil Rights Commission

50  Refuse to sell, rent or negotiate  Discrimination in terms, conditions, privileges and facilities  Discriminatory advertisements, statements and notices  Discriminatory representations on the availability of dwellings  Discrimination in provision of brokerage services  Interference; Coercion; Intimidation  Disabilities  Reasonable Accommodations  Reasonable Modifications  Design and construction requirements Indiana Civil Rights Commission

51  State and Federal law requires multi- family dwellings to be accessible:  Into and through apartment unit  Between apartment units and common areas (pools, laundry, mail, leasing office, parking areas)  Failure to Design and Construct Accessible Housing Indiana Civil Rights Commission

52  ALL multi-family dwellings built after 1991 must be accessible.  All ground floor units in non-elevator buildings  ALL UNITS in buildings with elevators Indiana Civil Rights Commission

53  Doors wide enough for wheelchairs  Accessible Common areas  Accessible paths of travel  Reinforced Bathroom walls  Accessible light switches and electrical outlets.  Etc. Indiana Civil Rights Commission

54 Landlords must accommodate persons with disabilities  Accommodations are changes in the RULES which allow the person to enjoy their housing like someone without a disability.  Examples would be assigned parking for disabled, allowance of service animals in otherwise no-pet community, etc. Indiana Civil Rights Commission

55  Not be an undue burden  Or a fundamental alteration of landlord’s programs or services Indiana Civil Rights Commission

56  The tenant should request the accommodation/modification IN WRITING, stating why it is needed.  A landlord may request a doctor’s statement of the necessity of the accommodation, but MAY NOT inquire as to the details of the disability. Indiana Civil Rights Commission

57  Landlords are also required to allow structural modifications, if necessary for the enjoyment of the unit  A landlord may require the tenant to pay for modifications and return unit to previous condition upon move out.  Examples would include lowered counter tops, widen doorways, remove carpet, install ramp, etc.  A landlord need not make a modification that fundamentally alters the structure of the building or is overly burdensome. Indiana Civil Rights Commission

58  Reading the rental application (visual impairment or learning disability)  Helping individual with cognitive disabilities fill out an application  Changing a no pets rule to allow a companion animal for someone with a psychiatric disability  Keeping laundry room door closed (multiple chemical sensitivity person) Indiana Civil Rights Commission

59  Large print or calling a blind tenant to read the contents of notices  Sending monthly reminders on rent day for head injury or memory lapses persons  Allowing reasonable extension on rent due for someone who has been hospitalized due to disability  Posting no smoking for asthma. MCS and breathing disabilities. Indiana Civil Rights Commission

60 ALL HOUSING COMPLAINTS HA COMPLAINTS 2008=HUD-141, FHAP(Region Five-563) 2009=HUD-146, FHAP(Region Five-551) 2010=HUD-125, FHAP(Region Five-627) CRC HA COMPLAINTS RECEIVED Indiana Civil Rights Commission

61  Over 69% of HO cases completed in less than 93 days  Darden & Reinstaltler v Highland Springs South Homeowners Association (HOha / )  Johnson, Jeffrey v Centerstone of IN, Inc (HOha / )  Garner, Nancy v Jeffersonville Housing Authority (HOha / )  Commission ALJ largest HO judgment awarded Indiana Civil Rights Commission

62 Indiana Civil Rights Commission

63 Indiana Civil Rights Commission

64 Indiana Civil Rights Commission

65 Indiana Civil Rights Commission

66 Indiana Civil Rights Commission

67 Tenant B who is 85 years old, and has lived in her apartment for 30 years has become unsteady on her feet, experiences memory lapses, and is no longer able to maintain her previously high housekeeping standards. Trash has been piling up in her apartment. She forgets to pay the rent. She left the stove on recently but no harm was done. She received a notice to vacate, based on her inability to maintain her apartment. What can she do? Indiana Civil Rights Commission

68 Record of Substantial Impairment Accommodations Regarded as Undue Burden1991 Indiana Civil Rights Commission 1965 Modifications Integration Indiana Civil Rights Law Request AccessibilityHUD Fundamentally Alters FHA

69

70 Indiana Civil Rights Commission (800) Jamal Smith, Executive Director Joshua Brewster, Deputy Director Henrietta Poindexter, Program Director Indiana Civil Rights Commission

71 "Disability is not a brave struggle or ‘courage in the face of adversity.’ Disability is an art. It’s an ingenious way to live." - Neil Marcus A true friend knows your weaknesses but shows you your strengths; feels your fears but fortifies your faith; sees your anxieties but frees your spirit; recognizes your disabilities but emphasizes your possibilities.” - William Arthur Ward Indiana Civil Rights Commission

72 Indiana Civil Rights Commission

73 The City of Terre Haute Human Relations Commission presents Community Fair Housing Workshop Sponsored by the Indiana Civil Rights Commission and the Indiana Housing and Community Development Authority Indiana Civil Rights Commission Family Sufficiency Program/Housing Opportunities for Persons with AIDS Terre Haute Housing Authority Deb Gorgel, Public Housing/Family Sufficiency Manager

74 The City of Terre Haute Human Relations Commission presents Community Fair Housing Workshop Sponsored by the Indiana Civil Rights Commission and the Indiana Housing and Community Development Authority Indiana Civil Rights Commission Closing Remarks Daniel O. Lopez, Education Director, Indiana Civil Rights Commission


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