1. 2017 Neighborhood Preservation Coalition Annual Conference:
Fair Housing in NYS

2. Overview of Fair Housing Laws
The information presented is not
legal advice.

3. The information presented is not
The Fair Housing Act
The Civil Rights Act of 1968 was signed on April 11, 1968, days after the assassination of Dr. Martin Luther King, Jr.
Title VIII of the Act is known as the Fair Housing Act (“FHA”). Expanding on previous civil rights statutes, the FHA prohibits discrimination concerning the sale, rental and financing of housing, based on race, religion, national origin, sex, disability and familial status.
The Fair Housing Act was intended to serve two purposes:
Eliminate housing discrimination, and
Promote integration.
The information presented is not
legal advice.

4. The information presented is not
What is “Fair Housing”
The Fair Housing Act, in addition to the New York State Human Rights Law and local fair housing laws, protect individuals from discrimination in housing based on the protected classes under these laws.
These laws aim to promote equal opportunity and prohibit discriminatory practices that unfairly limit the housing choices of protected groups or individuals.
The information presented is not
legal advice.

5. Who Must Comply With Fair Housing Laws?
Everyone involved in the provision of housing must comply with fair housing
Landlords and their staff
Real estate brokers, agents, and their staff
Savings & loan associations, mortgage lenders, banks or other financial institutions
Apartment managers, superintendents, and staff
Rental agents
Builders, contractors and developers
Homeowners advertising and selling their own home
Condo and townhome owners associations
Government agencies
The information presented is not
legal advice.

6. What is a “Protected Class”?
The Fair Housing Act, 42 U.S.C. §§ , prohibits discrimination in real-estate related transactions on the basis of:
Race
Color
Religion
Sex
Familial Status (presence of children under 18)
National Origin
Disability (mental or physical)
The information presented is not
legal advice.

7. New York State Human Rights Law
The NYSHRL also makes it illegal to discriminate based upon:
Creed - any statement or system of belief, principles, or opinions
Age (18 and older)
Sexual Orientation
Gender Identity
Marital Status
Military Status
See NYS Exec. Law § 296 et seq.
The information presented is not
legal advice.

8. Local Fair Housing Laws
Some municipalities have extended these protections even further, making it illegal to discriminate based upon:
Lawful Source of Income (Buffalo, Hamburg, Nassau County, New York City, Suffolk County, Syracuse, and Westchester County).
Buildings funded with Low-Income Housing Tax Credits (LIHTC) are also prohibited from discriminated people on the basis of their Section 8 Housing Choice Voucher. 26 U.S.C. § 42(h)(6)(B)(iv)
Veteran Status (NYC, Suffolk County)
Citizenship Status (NYC)
Lawful Occupation (NYC)
Domestic Violence Victim Status (NYC, and Suffolk and Westchester Counties)
The information presented is not
legal advice.

9. Prohibited Conduct Under Fair Housing Laws
It is unlawful to:  
Refuse to rent, sell, finance, insure or negotiate
Set different terms or conditions or provide unequal services or treatment
Make false representations about the availability of dwellings
Interfere, coerce, intimidate, or retaliate against those seeking to exercise their rights
Refuse to make or provide information for a loan or impose different terms or conditions for a loan
Make, print, publish or circulate discriminatory statements or advertisements (ex. focus on age or familial status)
The information presented is not
legal advice.

10. Fair Housing Violations Disparate Treatment vs. Disparate Impact
Disparate Treatment: from overt discrimination to more subtle disparities in treatment where a party treats an applicant differently based upon their protected status.
A real estate agent only shows a Muslim couple homes near a mosque
Requiring a higher security deposit for persons with children
Disparate Impact: a neutral policy has a disproportionate adverse effect on a protected class
Zoning restrictions
Residency preferences
The information presented is not
legal advice.

11. Disparate Treatment vs. Disparate Impact (con’t)
The U.S. Supreme Court, in Texas Department of Housing and Community Affairs v. Inclusive Communities Project (the ICP case), made clear that disparate impact claims are cognizable under the Fair Housing Act.
No need to show discriminatory intent for disparate impact claims
Claims are based on statistics and expert analysis that suggest a policy/practice has a discriminatory effect on a protected class
If a plaintiff makes out a claim, courts look to defendant to show there is some legitimate grounds for policy/practice
The information presented is not
legal advice.

12. Affirmatively Furthering Fair Housing
Under the Fair Housing Act, HUD and state and local municipalities that receive HUD-funding must do more than simply not discriminate.
AFFH requires government recipients of HUD housing funds to take a hard look – both quantitatively and qualitatively – at the laws, policies and practices in place, and then take meaningful steps to address barriers to fair housing choice.
This means:
Taking meaningful actions to overcome patterns of segregation and fostering inclusive communities
Transforming racial and ethnic areas of poverty into areas of opportunity
Fostering and maintaining compliance with civil rights and fair housing laws
The information presented is not
legal advice.

13. Affirmative Fair Housing Marketing
HCR-funded multifamily developments carry out a marketing strategy to attract prospective renters, regardless of race, creed, color, national origin, sexual orientation, military status, sex, gender identity, age, disability, marital status, or familial status.
The AFHMP provides the opportunity to target specific groups who require special outreach in order to be made aware of and apply for the housing.  
AFHMPs are reviewed by FEHO to help ensure that HCR awardees comply with the FHA and NYSHRL and to help promote the adoption of fair housing best practices in housing funded by New York State.
The information presented is not
legal advice.

14. Spotlight on Specific Populations and Topics
The information presented is not
legal advice.

15. Individuals With a Physical or Mental Disability
Under fair housing laws, a landlord cannot:
Deny housing or offer different terms and conditions to the housing because of an individual’s disability,
Refuse to make reasonable modifications to a dwelling or common use area to accommodate a person’s disability, or
Refuse to make reasonable accommodations in policies or services if necessary for a person with a disability to use the housing.
The requested modification or accommodation is “reasonable” unless it would:
impose an undue financial and administrative burden, or
fundamentally alter the nature of the provider's operations.
The information presented is not
legal advice.

16. Fair Housing Design and Construction Requirements
The FHA and NYSHRL require that residential buildings with four (4) or more units designed and constructed for first occupancy after March 13, 1991 must include seven (7) specific accessible features.
Buildings that contain five (5) or more units constructed after July 11, 1988 that receive federal financial assistance are also covered by Section 504 of the Rehabilitation Act.
Rental offices and other common areas that serve the public within all newly constructed multifamily buildings must be readily accessible and usable to individuals with disabilities to the extent that it is not structurally impracticable pursuant to the ADA.
The information presented is not
legal advice.

17. What is a Reasonable Modification?
A “reasonable modification” is a structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas.
The FHA and NYSHRL prohibit landlords from refusing to permit reasonable modifications to an apartment unit and/or public and common area of the building if such modifications are necessary for the persons’ “full enjoyment of the premises.” 42 U.S.C. § 3604(f)(3); N.Y. Exec. Law § 296(18).
Common examples of reasonable modifications include:
Shower grab bars
Ramp
Lowering or removing cabinets
Widening door frames
The information presented is not
legal advice.

18. The information presented is not
Who Bears the Cost
It depends… which law applies? Is the modification because the owner failed to design the building in accordance with the FHA and NYSHRL?
Who pays the cost of the modification depends on which law is applicable and whether the modification is made in a common area or the apartment unit of a person with a disability.
Under the NYSHRL, a reasonable modification to an apartment unit is made at the expense of the person with the disability. However, the housing provider must pay the cost of reasonable modifications to common areas. See N.Y. Exec. Law § 296(18).
Where the building is covered by Section 504 because it has received federal funds, the housing provider is required to cover the cost of the requested modification unless providing such modification would impose an undue financial and administrative burden.
The information presented is not
legal advice.

19. What is a Reasonable Accommodation?
A “reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces.
Examples of reasonable accommodations include:
Assistance animals
Designated reserved parking space
Allowing a tenant with a mobility disability to move to a unit on a lower level
Assisting a person with a visual disability to complete an application for housing
The information presented is not
legal advice.

20. Violence Against Women Act (“VAWA”)
VAWA protects victims of domestic violence, dating violence, sexual assault, and stalking from being denied admission, housing assistance or from being evicted, solely on the basis that an individual is a victim of such type of violence. See 42 U.S.C. § 14043e-11(b)(1).
VAWA 2013 creates several specific notification and documentation requirements for owners of “covered housing.”
HCR awardees must comply with HUD’s VAWA regulations and program-specific regulations, including providing a notice of rights to tenants at the time the person is denied housing or signs a lease agreement, and creating an Emergency Transfer Plan.
The information presented is not
legal advice.

21. Violence Against Women Act (continued)
VAWA 2013 provided additional housing protections for victims of VAWA crimes, regardless of sexual orientation, and expanded VAWA protections to additional housing programs.
HUD’s Office of Multifamily Housing Programs issued four model forms that owners and managing agents of HUD-assisted private housing must use to comply with the VAWA.
The information presented is not
legal advice.

22. Individuals With Criminal Convictions
HCR policies and regulations prohibit owners/managers of state-funded housing from having automatic rejection policies as they relate to individuals with criminal histories.
With very limited exceptions, there may not be blanket exclusions based on the recentness of the conviction or the nature of the criminal conviction.
HCR’s Re-entry Guidelines require housing providers to conduct an individualized assessment when determining an applicant’s eligibility.
The information presented is not
legal advice.

23. The Rights of Foreign-Born Tenants
In June 2017, Governor Cuomo directed NYSHCR, the Division of Human Rights (“DHR”) and the Office for New Americans (“ONA”) to conduct outreach and education to foreign-born tenants advising them of their rights.
Tenants who are foreign-born are protected from housing discrimination and harassment regardless of their immigration status.
Tenants who live in rent-regulated housing have extra protections regardless of their immigration status.
Tenants who believe they are being harassed or discriminated against should reach out to the DHR or ONA, and DHCR if the housing is rent regulated.
No one at DHR, ONA or DHCR will ask about a tenant’s immigration status
when addressing questions or complaints.
The information presented is not
legal advice.

24. The information presented is not
Contact for Further Questions
Fair and Equitable Housing Office
New York State Homes & Community Renewal
38-40 State St., Hampton Plaza, Albany, NY 12207
(518) | |
The information presented is not
legal advice.