Fair Housing Laws Mawerdi Hamid Housing Discrimination Law Project Mid-Minnesota Legal Aid

Overview A little History Fair Housing Basics ◦ Protected Classes ◦ Refusal to Rent and Negotiate ◦ Different Terms and Conditions ◦ Refusal to Grant Reasonable Accommodations Questions?

Civil Rights Act – 1964

But.....

Fair Housing Act

Generally Speaking... Unlawful to take adverse action in housing based on protected class status. ◦ Fair Housing Act – 42 U.S.C et. seq. ◦ Minnesota Human Rights Act – Minn. Stat. 363A.01 et seq. ◦ Local Ordinances

Protected Class Status – Fair Housing Act 1. Race or color 2. Religion 3. Sex 4. Familial Status 5. National Origin 6. Disability 42 U.S.C. §3604(a)

Minnesota Human Rights Act Minn. Stat. §363A Adds Marital status Status with regard to public assistance Sexual orientation Creed

Adverse Actions Include... Refusal to Rent/Negotiate/Otherwise Make Unavailable Different Terms and Conditions Refusal to Allow Reasonable Accommodations Also: ◦ Discriminatory Statements/Advertising ◦ Blockbusting ◦ Discriminatory Transactions

Adverse Actions Refusal to rent, negotiate or otherwise make unavailable

Outright refusals are relatively rare More common techniques: ◦ Burdensome application process ◦ Delay ◦ Discouraging an applicant ◦ No return phone call

Otherwise make unavailable is broad and can include: steering redlining termination

Adverse Actions Different terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities

Terms and Conditions Damage Deposit Application Fees Credit Checks Late fees Repair requests Guests Rent Amounts Appliances Amenities Fines Closing costs

Discrimination based on Sex Quid Pro Quo ◦ Sex or touching for rent or application Hostile Environment ◦ Unwanted touching ◦ Walking into apartment unannounced ◦ Unwelcome personal comments and inquiries

Protected or Not Protected? Part I

Protected or Not Protected? Victims of Domestic Violence

Protected Class Status Race or color Religion Sex Familial Status National Origin Disability Marital status Status with regard to public assistance Sexual orientation Creed

Protected or Not Protected? Applicant with a criminal background

Protected Class Status Race or color Religion Sex Familial Status National Origin Disability Marital status Status with regard to public assistance Sexual orientation Creed

Protected or Not Protected? Resident who speaks Spanish

Protected Class Status Race or color Religion Sex Familial Status National Origin Disability Marital status Status with regard to public assistance Sexual orientation Creed

Protected or Not Protected? Resident with Chemical Dependency

Protected Class Status Race or color Religion Sex Familial Status National Origin Disability Marital status Status with regard to public assistance Sexual orientation Creed

Reasonable Accommodations Landlord is required to make change in rules, policies, practices or services IF: ◦ Accommodation may be necessary to give disabled person equal use and enjoyment of dwelling AND ◦ The change is not unreasonable

Reasonable Accommodations – 4 Step Analysis Must Have Disability Accommodation may be necessary to use and enjoyment of dwelling Accommodation will help overcome effects of disability (nexus) Accommodation is reasonable

“Unreasonable” Requests Impose an undue financial and administrative burden; OR Require a fundamental alteration in the nature of the housing provider’s operations

Protected or Not Protected? Part II

Protected or Not Protected? Resident with a dog

Protected Class Status Race or color Religion Sex Familial Status National Origin Disability Marital status Status with regard to public assistance Sexual orientation Creed

Protected or Not Protected? Service Dogs

Protected or Not Protected? Animals for Emotional Support?

Dog Hypothetical Apartment management has a “no pet” policy A tenant asks for a reasonable accommodation that his dog, Spot, be allowed to move in. Tenant has a letter from a doctor stating that the dog helps comfort client because of his depression. Is this a reasonable accommodation?

Reasonable Accommodations – 4 Step Analysis Must Have Disability Accommodation may be necessary to use and enjoyment of dwelling Accommodation will help overcome effects of disability (nexus) Accommodation is reasonable

Protected or Not Protected? Resident with multiple dogs

Protected or Not Protected? Other Animals?

Probably not Discrimination Poor customer service/bad attitude Refusal to rent because of bad rental history or credit (if standards are the same for all) Eviction because of personality conflicts or neighbor complaints Refusal to rent without valid identification

Familial Status Discrimination Refusal to rent, steering, strict occupancy limits, ban from facilities, segregation, limited to lower floors, higher security deposit

“Familial Status” Familial Status ◦ One or more individuals under the age of 18 being domiciled with a parent,  A person having legal custody of such individuals, or  The designee of such parent or legal custodian ◦ A person who is pregnant or who is about to secure legal custody of someone under the age of 18.

Special MN Protection ◦ If in a “legal” no kids unit and there is pregnancy or adoption, during tenancy landlord must:  Allow 12 months until end of tenancy and  Give 6 month written notice ◦ Note: may be different if city or state occupancy code is violated

Familial Status Discrimination Exemption for Housing with Older Persons (HOPA) ◦ The FHA exempts HOPA from its prohibitions against familial status discrimination Purpose: to insure that the FHA’s familial status prohibition do not unfairly limit the housing choice of older persons

Proving Discrimination 1. Disparate Treatment Cases ◦ Prima Facie Case of Discrimination ◦ Mixed Motive Cases 2. Disparate Impact Cases ◦ Discriminatory Effect ◦ Perpetuation of Segregation ◦ Standard: business necessity sufficiently compelling to justify practice 3. Testing

Enforcement 1. Administrative Agency Complaint ◦ HUD, MDHR ◦ P/c determination ◦ Administrative Judge ◦ Appeal to Court of Appeals 2. State/Federal Court Complaint 3. Attorney General ◦ Pattern of practice

Remedies Actual Damages Compensatory Damages: lost housing opportunity Emotional Distress: includes humiliation Punitive Damages: if intentional Civil Penalties Injunctive Relief Mentoring Fair Housing Training

Questions?