1. FAIR HOUSING PRESENTATION
AAOC Training 4/23/13
AFFORDABLE HOUSING CLEARINGHOUSE
1/28/2016
FAIR HOUSING PRESENTATION
Fair Housing Act
Fair Employment and Housing Act
Unruh Civil Rights Act
Civil Code Sections 1940 et seq.
© 2016 Fair Housing Council of Orange County
© 2013 Fair Housing Council of Orange County 1

2. FHCOC BACKGROUND Founded 1965 – Out growth of Civil Rights Movement
Incorporated 1968 – 501(c)(3)
Primary Mission is Combating Housing Discrimination
Also LL/T Counseling & HUD Approved Housing Counseling
Private Enforcement of Fair Housing Laws Throughout Orange Co. – Direct HUD Support
Serves Much of Orange Co. for LL/T – Local Government Support

3. THE MOST IMPORTANT SLIDE or
FAIR

4. FAIR HOUSING =
NON-DISCRIMINATORY
HOUSING

5. ‘DISCRIMINATE’ DEFINED
intransitive verb
1 a : to make a distinction <discriminate among historical sources>
b : to use good judgment
2 : to make a difference in treatment or favor on a basis other than individual merit <discriminate in favor of your friends> <discriminate against a certain nationality>

6. WHY FAIR HOUSING? It’s the right thing to do
It’s required by law and federal regulations
Possibly severe consequences for non-compliance
Monetary Damages – Compensatory & Punitive
Equitable Relief
Loss of Reputation
Loss of Property or Exclusion From Housing Business

7. CALIFORNIA FAIR EMPLOYMENT & HOUSING ACT
RELEVANT LAWS
FAIR HOUSING ACT
CALIFORNIA FAIR EMPLOYMENT & HOUSING ACT
UNRUH CIVIL RIGHTS ACT
RALPH CIVIL RIGHTS ACT

8. WE’RE ALL COVERED BY FAIR HOUSING LAWS
Fair Housing Laws Prohibit Actions and/or Decisions Based On “Protected Class” Status or Using Prohibited Bases.
Everyone Is a Member of Multiple Protected Classes or Could be Adversely Treated on a Prohibited Basis.

9. PROHIBITED BASES Federal State Federal Classes + Race Religion
AAOC Training 4/23/13
PROHIBITED BASES
Federal
Race
Religion
National origin
Color
Sex
Familial status
Disability (Handicap)
State
Federal Classes +
Marital Status
Source of Income
Sexual Orientation
Ancestry
Age
Genetic Information
Gender Identity or Expression
Arbitrary
Protected Classes
There are 7 federal protected classes and each of you are members of at least two of those classes – can anyone name one of the classes? (have the group name the protected classes divide the classes by federal and state)
Federal
Race, Religion, National Origin, Sex, Handicap, and Familial Status
State
Marital Status, Sexual Orientation, Source of Income, Arbitrary Personal Characteristics, ancestry and age. Let’s take a minute to explain a few of the protected classes that might confuse people. I won’t explain sex because you should already know what that is.
Race vs. Color - Does anyone know what the difference between color and race is? A persons race could be black – however, there are many different skin tones from very dark to very light skinned blacks. Color was added as a class because there are times when a person is discriminated against, not because of their race – black – but because of the actual color of their skin – dark or light. This can also happen to Hispanic’s and Asians.
Familial Status is the presence of children under the age of 18 in the home.
Source of Income is where a person gets their money. This could be from employment, welfare, disability, social security, trust funds, etc. As long as the source of the income can be verified, is likely to continue and is legal you are protected from discrimination based on where your money comes from.
Arbitrary Personal Characteristics are things like facial hair, tattoos, pierced eyebrows, etc. Things that have no business basis – like credit and amount of income.
10 Mins
© 2013 Fair Housing Council of Orange County 9

10. WHAT IS HOUSING DISCRIMINATION ?
Refusal to Rent or Sell After a Bona Fide Offer
Refusal to Negotiate For Sale or Rental
Otherwise Make Unavailable or Deny Housing
Falsely Denying Housing is Available
Steering
Deny a Loan
Different Terms or Conditions for a Loan
Retaliation, Intimidation, Coercion, Interference with Rights

11. DISCRIMINATION ? (cont’d)
WHAT IS HOUSING
DISCRIMINATION ? (cont’d)
Differences in:
Terms , Conditions or Privileges
Services or Facilities
Advertising or Statements Expressing a Preference
Disability Specific Provisions
Reasonable Accommodations
Reasonable Modifications
Accessibility Requirements for ‘Newer’ Housing

12. ESSENTIALLY ALL HOUSING TYPES COVERED - ANYTHING THAT IS A DWELLING – (a place of abode to which one intends to return)
Apartments
Room Rental (w/ exceptions)
Long-Term Motel Stay
Homeless Shelter
Transitional Housing
Sober Living Programs
College Dormitories
Condominiums
Single-Family Homes
Mobilehomes
RV Parks
Campsites
Raw Land

13. ESSENTIALLY ALL HOUSING-RELATED TRANSACTIONS COVERED
Management
Advertising
Insurance
Lending
Brokering Loans
Real Estate Brokerage
Appraisal
Design & Construction
Security / Protection

14. WHAT IS THE MEANING OF “DISABILITY”
Federal
“physical or mental impairment which substantially
limits one or more [ . . ] major life activities”
State
Broader because it doesn’t use “substantially”
Includes:
A Record of Having Such An Impairment
Being Regarded As Having Such An Impairment
Alcoholics and Persons Recovering From Drug Abuse

15. HOUSING SEARCH Be alert to possible discrimination
“discrimination with a smile”
Be alert to possible on-line scams
Try to verify the right of the offeror to rent the premises
Be careful about placing a holding deposit
Be specific as to unit
Understand the terms, including forfeiture
Generally, if you back out after approval you will lose some or all of the deposit
When possible inspect the unit before applying

16. THE SECOND MOST IMPORTANT SLIDE or
FAIR