Wyoming Fair Housing Compliance Training - PowerPoint Presentation

1. Wyoming Fair Housing Compliance Training2016 Training Conference

2. For Our Purposes Today we will clarify 3 Laws that we most commonly deal with:The Fair Housing Amendments Act of 1988Section 504 of the Rehabilitation Act of 1973Americans with Disabilities ActDefining Fair Housing

3. Fair Housing Act: DiscriminationSection 504: DisabilityADA: Public AreasKey Concepts

4. Basically, it means equal accessibility to housing for everyone (physically & financially) Fair Housing Laws prohibit discrimination in:SalesRentalFinancingWhat is Fair Housing?

5. Amends the Civil Rights Act of 1968NO DISCRIMINATION: 7 CLASSESRaceReligionColorSexDisabilityFamilial StatusNational Origin AND(HUD has added Lesbian, Gay, Bisexual, Transgender)(HUD has added “Victims of Violence”)The Fair Housing Amendments Act of 1988

6. Inconsistent TreatmentMaking housing inaccessible strictly based on a person/household being part of one of the protected classesWhat is Discrimination?

7. Unfair housing or discrimination occurs when your actions affect a person or group of persons because they are part of a protected class or are thought to be part of a protected class; no matter whether your actions are:Intentional ORUnintentionalIn Other Words…

8. Effects of an unintentional actionSame disciplinary action as intentional actionsHUD & DOJ have the authority & responsibility for enforcementHUD & the Supreme Court have interpreted the Law to prohibit practices that have an unjustified discriminatory effect, regardless of intentGood Intentions

9. IncomeConvicted FelonsBad CreditPoor ReferencesStudentsPoor HousekeepersCurrent Drug UsersSmokers…This is not an all inclusive listWhat are not protected classes?

10. Privately Funded Religious HousingMilitary HousingPrivate Social OrganizationsReservations for Native AmericansOn Campus HousingOwners who possess no more than 3 units & do not employ the services of a Real Estate Agent, Broker or SalespersonSome exemptions from Fair Housing

11. Accept an application from everyoneOpenly market to the general public“Show” any & all vacant units; never “steer” potential applicants to a particular area of your complex Allow the tenant to decide which unit they want; (while keeping your occupancy policy in mind)What must you do?

12. “Qualify” tenants using different standardsDeny anyone access to the same level of servicesDiscriminate based on a person’s relationship with another person or group of personsRetaliate, threaten or intimidate a person who has exercised their rights under the Fair Housing ActNever assign sleeping “arrangements” based on the gender of the adults or childrenWhat must you NOT do?

13. Must notify the applicant in writingMust give a specific reason for denialMust keep copies of these lettersKeep them all together in a separate fileI will want to review them when I visitDenied Applicants

14. The real key to following Fair Housing Law:ConsistencyEqual TreatmentDon’t make assumptionsFair Housing

15. Fair Housing Act Section 504Because both Laws address Disability there is some overlap in these two LawsOverlap

16. Who is protected by the Law?Persons with DisabilitiesHouseholds with a Disabled MemberPeople who may not be disabled but are associated with people who are disabledSection 504

17. Section 504 prohibits discrimination on the basis of disability in any programSection 504 requires that a person with a disability be evaluated using the same criteria that are applied to persons without disabilities; income, credit & criminal history still apply This is one of the reasons that a Tenant Selection Criteria Policy is so importantEquality

18. A physical or mental impairment that substantially limits one or more major life activitiesImpairment: May include, but is not limited to; visual, hearing, mobility, HIV, mental retardation, past drug addiction (not currently using), emotional or mental illnessDefinition of a Disability

19. Major Life Activity: seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, speaking or workingAlso protected: persons who have a record of an impairment, or are regarded as having an impairmentDefinitions continued

20. If it’s obvious you may not ask for any additional informationIf it’s not obvious you may ask for documentation only to verify that the person meets the definition of disabled This could be self-certificationProof of Disability

21. Statement from the disabled personStatement from a Medical ProfessionalStatement from a support groupStatement from a CounselorStatement from a Case ManagerDocuments showing receipt of SSDIStatement from a reliable 3rd partyDocumentation

22. Advertising must be conducted in a manner that will reach persons with disabilitiesAvailability of accessible units that are not segregatedAllow the applicant to take responsibility for their own safetyAllow “reasonable” accommodations and modificationsReasonable will not cause an undue financial or administrative burden on the project or cause a fundamental alteration of a programRequirements

23. Accommodations & Modifications must be requested by the disabled person, a household member of the disabled person or someone acting on behalf of the disabled personRequests can be made at any timeRequests don’t have to be in writingYou should establish a procedure and you may need to put the request in writing and document the outcomeRequests require your prompt attentionRA and RM

24. Medical records or detailed information are not necessaryCannot ask about the nature or severity of a person’s disabilityAn accommodation or modification must be requested by the disabled person or by someone on behalf of the disabled personIf a reasonable accommodation or modification is requested, you can establish a “nexus” between the request and the disabilityRA and RM

25. NEXUS Means: Correlation, Connection, LinkThe request has to directly relate to the person’s disability and should affirmatively enhance the individual’s quality of life. What’s a Nexus?

26. Always paid for by the Project!!!!!!!!!!!!!Accommodations are changes to usual policies, rules, practices or servicesLanguage InterpretersLarge print formsPlace of applicationMethod or place of paymentCompanion/Service AnimalsParking spacesAnd more…Reasonable Accommodations

27. Companion/Service/AssistanceThese are not petsCompanion/Assistance Animals provide emotional supportService Animals perform specific tasksCannot charge a security depositMust be disabled to request the ability to have themMultiple Animals - PossiblyRules? YESLease Addendums? YESFair Housing Issue - Animals

28. Service Animals are trained to do specific tasks and are allowed to go anywhereCompanion or Assistance AnimalsCertification or training is NOT requiredMore than one animal may be requiredMust adhere to City or County requirements for licensing, shots and leash laws; cannot require it if the City or County doesn’t require itMay require tenants clean up animal wasteFair Housing Issue - Animals

29. Doctor’s order is not requiredYou may request “documentation of the need” only to verify the nexus between the disability and the requested accommodationHUD says: “You may not require health care providers to testify in court or sign a statement under penalty of perjury.”Fair Housing Issue - Animals

30. Service/Companion/Assistance Animals could include:DogsCatsBirdsGuinea PigsMonkeysMiniature HorsesReptilesAnd MoreFair Housing Issue - Animals

31. Structural changesRampsDoor widthBathroom configurationKitchen configurationReceptacles/Light/Heat Controls switch heightGrab bars in showersDoor knobsFlooringLowering a “peephole” in a doorAnd more…Reasonable Modifications

32. Accommodations: Project always paysModifications:Project pays if it has any Federal Funding associated with it; HOME, HUD, RD, PBRATenant pays if there is no Federal Funding in the project; Strictly Tax Credit or Bond (privately owned)Note here that it says project not unitA tenant’s Section 8 assistance does not make a project Federally Funded (TBRA)Who Pays?

33. Owners can require:Changes must meet the individual’s disability-based needsChanges be done in a professional mannerAll necessary permitsRestorationPhysical Alterations

34. Owners cannot require:Payment for Liability InsuranceCompliance with aesthetic standardsA particular contractor be usedA particular style of constructionA particular accessibility standardPhysical Alterations continued

35. If a tenant is making modifications to the inside of a unit that are approved by the landlord, the landlord may condition his approval on an agreement to restore the unit to its original condition by removing the modifications when the tenant leaves. Restoration may only be required when it is reasonable to do so. The request to restore the unit to its original condition only affects those modifications that could interfere with another tenant’s ability to use the unit.Restoration?

36. Tenant pays for restorationTenant would not be liable for normal wear and tearOwner may require a deposit to cover restoration, orAn escrow account may be set up that the tenant pays intoInterest on the escrow account goes to the tenantIf the funds are not used for restoration they are all refunded to the tenantWho pays for restoration?

37. Generally, ADA doesn’t apply to residential housing; HOWEVER…Title III of the ADA covers public and common use areas at housing developments when these public areas are open to the general public or when they are made available to the general public. Americans with Disabilities Act (ADA)

38. The Americans with Disabilities Act requires:All public areas to be accessible to persons with disabilitiesService animals must be allowed in all public areas Americans with Disabilities Act (ADA)

39. Parking Lots (2% of the spaces must be designated handicapped)Rental OfficesCommunity RoomsSwimming PoolsPlay AreasBBQ AreasPublic Rest RoomsPublic Areas

40. All public areas must be handicap accessible and Section 504 gives a disabled person the right to ask for a reasonable modification to a public area. An Owner cannot require a tenant to “restore” the public area modification to it’s original condition. ADA

41. Did you know that there is no such thing as an ADA Unit?ADA only applies to public spacesUnits are not open to the general publicUnits are not governed by ADA

42. What restrictions can we put in our Tenant Selection Criteria to bar criminals?HUD’s latest Guidance:Cannot bar them based on an arrestThis is not proof of guilt or innocenceAn arrest record should trigger further inquiryNeed an official record of convictionHUD has written a paragraph to include in your criteria that is acceptable to HUDLet’s Answer Questions

43. Does this apply to Tax Credit or Bond Only (non-federally funded) Projects?Technically No. However, an applicant that is denied housing based strictly on the fact that they had been arrested, could initiate a Fair Housing complaint. Since this is a HUD rule, and HUD runs the Office of Fair Housing… (you finish the statement)Let’s Answer Questions

44. “As a reminder, only in limited and specific cases of criminal activity do HUD statutes and regulations require denial of admission or termination of assistance; and only in 2 cases 1. where someone has been convicted of producing methamphetamine in federally-assisted housing 2. must register as a lifetime sex offender is someone permanently barred. In all other cases, PHAs and Owners have discretion to consider any mitigating circumstances in making admission and eviction decisions.”Let’s Answer Questions

45. Fair Housing Accessibility Firstwww.FairHousingFIRST.orgHUDHud.gov (Search Fair Housing)Websites

46. Website:www.wyomingcda.comJudy Koski – Compliance Officerkoski@wyomingcda.comContact WCDA