Housing Discrimination and Fair Housing Laws Lael Robertson Housing Discrimination Law Project Legal Aid Society of Minneapolis

Fair Housing Laws Fair Housing Act (Title VIII of Civil Rights Act of 1968), 42 U.S.C. 3601, et seq. Minnesota Human Rights Act, 363A.01, et seq. Local City Ordinances ADA, Title VI, Section 504 of the Rehabilitation Act, and various discrimination provisions in many other statutes

POP QUIZ!

Protected Classes Fair Housing Act – Race – Religion – Sex – National Origin – Disability – Color – Familial Status

Protected Classes – Race – Religion – Sex – National Origin – Disability – Color – Familial Status Minnesota Human Rights Act Adds: – Creed – Sexual Orientation – Marital Status – Public Assistance Status

Protected Classes – Race – Religion – Sex – National Origin – Disability – Color – Familial Status – Creed – Sexual Orientation – Marital Status – Public Assistance Status Minneapolis City Ordinance Adds: – Ancestry

Protected Classes – Race – Religion – Sex – National Origin – Disability – Color – Familial Status – Creed – Sexual Orientation – Marital Status – Public Assistance Status – Ancestry St. Paul City Ordinance Adds: – Age

Discriminatory Actions §3604 – (a) Refusal to Rent or Negotiate or “otherwise make unavailable” (termination) “Because of” – (b) Different Terms, Conditions or Privileges “Because of” – (c) Advertising and Statements “because of” vs. “indicates” – no intent for advertising/statements – (d) Unavailability - Steering – (e) “Blockbusting” – Inducement to Sell

Discriminatory Actions §3617 – Harassment – intimidate or threaten – Interference – Retaliation For complaining OR assisting

Familial Status: Familial Status: Protections for Families with Children Minor children in home Typical Situations: – Refusal to rent (if no exemption for Housing for Older Persons) – Steering – Banning children from use of facilities Some legal “no kids” units – HOPA – Have to meet guidelines for HOPA buildings

Special MN Protections for Families with Children If in a “legal” no kids unit and there is pregnancy or adoption, landlord must: – Give notice – MN Law - Give 6 or 12 month grace period before ending lease.

Discrimination Based on Sex: Sexual Harassment Illegal to treat people differently because of their gender. Quid Pro Quo – sex for rent; touching for application Hostile Environment – Unwanted touching – Walking into apartment unannounced – Unwelcome personal comments and inquiries

Probably Not Discrimination Poor Customer Service/Bad Attitude (EOA) Refusal to rent because of bad rental history or credit (if standards are same for all and business- related.) Eviction because of personality conflicts or neighbor complaints (if standards are same for all) Refusal to rent without valid identification.

Reasonable Accommodations §3604(f)(3)(B) - Landlord is required to make change in rules, policies, practices or services IF: – Accommodation is necessary to give disabled person equal use and enjoyment of dwelling AND – The change is not unreasonable

“Accommodation is necessary to give disabled person equal use and enjoyment of dwelling” Must have a connection to the disability – Example – Request for a designated parking space – Disability –Paraplegic vs. Bipolar Disorder

Must Have Disability or “Handicap”: – 1. a physical or mental disability which “materially” (MN) or “substantially” (US) limits a major life activity. – 2. a record or history of a disability which limits a major life activity – 3. is regarded as having a disability that limits a major life activity. * *New ADA AA states that those falling under #3 are NOT entitled to reasonable accommodations “Accommodation is necessary to give disabled person equal use and enjoyment of dwelling”

“and the change is not unreasonable” – Accommodation is not reasonable if: It changes the nature of the business OR It imposes high financial AND administrative burden – (MN Cases – “OR”)

Examples of Accommodations Seeing eye dog OR companion animal in “no pet building.” Forbearance of eviction after noise complaints. Alternative tenant screening and admission practices (ex. - co-signer).

What is Unreasonable? Seeing eye dog – OK – 7 companion cats – probably not. – Companion horse?

Unreasonable? Assigned parking spot – OK – build carport – no. Forbearance for noise – OK – illegal drug activity tolerance – no. Late payment – maybe – no payment – no.

Denial of Reasonable Accommodation? Violation of the FHA/MHRA!

Charging for RA? NO!!!!! No pet deposit for assistance animal No fee for designated parking space

Reasonable Modifications §3604(f)(3)(A) – Modifications at tenant’s expense – Grab bars in bathroom, ramp, lowering the countertops Federally funded housing – Landlord’s expense

Post-1991 Accessible Design Requirements Many multi-family buildings built after March 1991 must have basic accessibility features: – accessible routes into and within units (no steps, etc.), – accessible common use areas – usable doors – usable kitchens, baths – baths with reinforced shower/tub/bath walls – proper level for switches, controls outlets, etc. – See

Investigation - Testing Discrimination Minnesota style: – Bigotry with a smile Secret Shoppers in Housing Market Interested? Call Sonia:

Enforcement Federal or State Court Administrative Complaints – Federal – Department of Housing and Urban Development (HUD) – State – Minnesota Department of Human Rights – Complaint Process Probable Cause Determination ALJ Appeals to Court of Appeals

Remedies Damages – Compensatory – Out of pocket Lost housing opportunity Emotional distress, humiliation – Punitive (Judicial) State Court – Capped at $25,000 Federal Court – No cap

Remedies Civil Penalty (Administrative) Injunctive Relief Monitoring

Alternatives to Complaints and Court in Fair Housing Cases

Downside of “Going on the Attack” Landlord/Manager likely to get defensive If client wants to continue to live there, may make environment tense or impossible May pass up an opportunity to educate the management

Role of Advocate Recognize fair housing issues when they come up Identify client’s goals Can client’s goals be achieved without formal complaint filed? Does potential FH violation come from animus or ignorance? Is the best option to work with management?

Contacts West Metro Area - HDLP: St. Cloud – Central MN HDLP: East & South Metro Area - HELP: Southern Minnesota - HELP:

When Justice Is Denied Where Poverty Is Enforced Where Ignorance Prevails and Where Any One Class Is Made To Feel That Society Is in An Organized Conspiracy To Oppress, Rob and Degrade Them, Neither Persons Nor Property Will Be Safe. Frederick Douglass, 1886