SEX HOUSING DISCRIMINATION cc dsevilla httpswwwflickrcomphotos49014237N00 PRESENTERS Sara Ainsworth Advocacy Director Legal Voice Danni Askini CoFounder amp Executive ID: 619081
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Slide1
ON THE BASIS OF
SEX:
HOUSING DISCRIMINATION
cc: dsevilla - https://www.flickr.com/photos/49014237@N00Slide2Slide3
PRESENTERS
Sara
Ainsworth
Advocacy Director
Legal Voice
Danni Askini,
Co-Founder
& Executive
Director Gender Justice LeagueShannon Bedard Fair Housing SpecialistNorthwest Fair Housing AllianceSlide4
AGENDA
ISSUES & HOUSING PROTECTIONS
cc: Rajiv Patel (Rajiv's View) - https://www.flickr.com/photos/23679420@N00Slide5
SEX/GENDER
A PROTECTED CLASS UNDER FHA
cc: istolethetv - https://www.flickr.com/photos/44124401641@N01Slide6
HOME
cc: Michael D. Dunn - https://www.flickr.com/photos/61057813@N00Slide7
A LEVERAGE FOR OBTAINING OR ACHIEVING
OTHER
BASIC NEEDS:
EMPLOYMENT, FOOD, EDUCATION…
cc: fd - https://www.flickr.com/photos/44124473190@N01Slide8
cc: perspec_photo88 - https://www.flickr.com/photos/111692634@N04Slide9
Sexual Harassment
In housing and the FHASlide10
1987 Survey
150 fair housing centers
Published
as law review article,
"Home
is No Haven: An Analysis of Sexual Harassment in Housing"
cc: Elijah - https://www.flickr.com/photos/51035652915@N01Slide11
"HOME IS NO HAVEN"
“In the housing context, property owners, property managers, real estate agents and rental agents are able to exploit their positions and victimize tenants dependent upon their control over needed shelter
.”Slide12
"HOME IS NO HAVEN"
"The conduct ranges from sexual innuendos and verbal demands for sexual intercourse to rape. The victim often tolerates the actions and complies with the sexual demands because the perpetrator literally holds the keys to shelter.”Slide13
"Quid pro quo"
Ex: Demanding sex as substitute for rent
cc: Philip Taylor PT - https://www.flickr.com/photos/9731367@N02Slide14
"Hostile environment"
Ex: Offensive comments, touching, threatsSlide15
"Hostile environment"
Ex: Spying on, videotaping tenantsSlide16
NAT'L LAW CENTER ON HOMELESSNESS & POVERTY
2006, Advocates from 29 states
112 surveys/161 responses
152 women/9 men reported sexual assault or rape by a landlord, property owner or property manager
cc: marioanima - https://www.flickr.com/photos/23119895@N00Slide17
COMMONALITIES
in
FINDINGS:
Housing issues before sexual assault or
rape
Victim
Responses
Prevalence
of repeat offenderscc: thorinside - https://www.flickr.com/photos/35237096343@N01Slide18
RENTERS:
LOW INCOME, 30% HAD PHYSICAL/MENTAL DISABILITIES
cc: mikecogh - https://www.flickr.com/photos/89165847@N00Slide19
WOMEN
:
SUSCEPTIBLE
BY SEX & CLASS
cc: vision63 - https://www.flickr.com/photos/74135127@N00Slide20
WOMEN
45% lived in some kind of subsidized housing (Section 8/Public
)
67% were single heads of household
22% were single moms w/ kid
s
cc: andrew and his family - https://www.flickr.com/photos/7500323@N05Slide21
79% OF WOMEN REPORTED LL DID 1+:
Refused to repair locks, doors, windows, supply heat or hot water despite requests (49
%)
Sexually propositioned (42
%)
Stalked (25
%)
Made unwanted sexual contact (58%)
cc: Brian Moriarty - https://www.flickr.com/photos/54205562@N00Slide22
Sexual Assault
Not only an FHA violation: also a crimeSlide23
OFFENDERS
:
Repeat and
target
more than one
tenant
33% of women sexually assaulted or raped said it happened more than
1x
13% knew another current tenant enduring the sameOnly 42% reported to law enforcementcc: emilio labrador - https://www.flickr.com/photos/35914311@N03Slide24
WHY STAY?
71% wanted to leave-lacked other housing
options
45% in subsidized housing w/long wait
lists
no transportation, esp.
rural
financial
penaltyKIDScc: Neal. - https://www.flickr.com/photos/31878512@N06Slide25
RETALIATION
UTILITIES SHUT OFF, PROPERTY DAMAGE, THREATS
cc: Cayusa - https://www.flickr.com/photos/17731548@N00Slide26
Housing Justice
Fair Housing for the Transgender Community
cc: KLHint - https://www.flickr.com/photos/83335209@N00Slide27
2015 USTS 27,715 persons
23% expereinced housing discrimination in past year
Denied an apt. or home, or evicted because of being transgender
cc: Brandon Blahnik - https://www.flickr.com/photos/100133308@N07Slide28
Homelessness
2% currently,12% in past year, 30% some pt
cc: Ed Yourdon - https://www.flickr.com/photos/72098626@N00Slide29
Shelters:
26% avoided because they feared being mistreated
70% who did stay reported mistreatment: being harassed, sexually or physically assaulted, or being kicked out because of being transgender
cc: Franco Folini - https://www.flickr.com/photos/78425154@N00Slide30
Home Ownership:
16% Trans vs 63% Gen Pop
cc: Davi Alexandre - https://www.flickr.com/photos/8927070@N06Slide31
Hardship & Instability
Social Safety Nets Failed
cc: skuds - https://www.flickr.com/photos/89273442@N00Slide32
Recommendations
Eliminate barriers to affordable health care
End discrimination in schools, the workplace and areas of public space
Create support systems at local, state and federal levels
cc: Alfred Hermida - https://www.flickr.com/photos/13238706@N00Slide33
Battered at homeSlide34
and at risk of eviction
cc: rickonine - https://www.flickr.com/photos/79623570@N00Slide35
or denial of housing
cc: Quasimondo - https://www.flickr.com/photos/35468141611@N01Slide36
How does this happen?
cc: woodleywonderworks - https://www.flickr.com/photos/73645804@N00Slide37
Police are called
cc: Linus Henning - https://www.flickr.com/photos/23323418@N03Slide38
Court ordersSlide39
Safety requestsSlide40
Gender stereotypesSlide41
Policy triggers:
Local Nuisance Ordinances
"One strike" leases
"Zero Tolerance for Violence"
Mutual restraining orders
Mutual arrests
cc: Gunnar Wrobel - https://www.flickr.com/photos/36572163@N00Slide42
Example
Policy of refusal to rent to women with a history of domestic violence victimization.
cc: freeloosedirt - https://www.flickr.com/photos/44356659@N00Slide43
Example
Eviction of victim based on "zero tolerance" policies for violence or crimes committed in housing
cc: chrisinplymouth - https://www.flickr.com/photos/21450297@N06Slide44
Example
Eviction of victim because of property damage caused by abuser
cc: kevinspencer - https://www.flickr.com/photos/55043824@N00Slide45
"Nuisance Ordinances"
Police notify owner of DV incidents or arrests at their property (required by law) and owners are advised they must "abate" the problem or face a variety of penalties.
cc: Seattleye - https://www.flickr.com/photos/10368024@N04Slide46
EXPLORE LEGAL OPTIONS:
State Non Discrimination
Laws
Tort Claims (Assault, Battery, Intentional infliction of Emotional Distress, & Negligent Hiring
)
Landlord /Tenant laws (breach of covenant of quiet enjoyment, retaliatory eviction, victim protections
)
Criminal
lawsFederal Fair Housing Actcc: marfis75 - https://www.flickr.com/photos/45409431@N00Slide47
FAIR HOUSING ACT
CLAIMS & REMEDIES
cc: mikecogh - https://www.flickr.com/photos/89165847@N00Slide48
Dwellings & Housing Transactions
Includes: Transitional, Shelters, Public Housing
cc: Jocey K - https://www.flickr.com/photos/48627921@N05Slide49
Who must follow the
FHAct
?
Owners, Prop. Mngers, RE Agents...
cc: *sax - https://www.flickr.com/photos/67318348@N00Slide50
HOUSING TRANSACTIONS COVERED?
RENTING, BUYING......
cc: 401(K) 2013 - https://www.flickr.com/photos/68751915@N05Slide51
OVERT, DISPARATE TREATMENT
TYPES OF DISCRIMINATION:
cc: boltron- - https://www.flickr.com/photos/46213661@N00Slide52
DISPARATE IMPACT THEORY
A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.
cc: flazingo_photos - https://www.flickr.com/photos/124247024@N07Slide53
SEXUAL HARASSMENT
QUID PRO QUO (THIS FOR THAT)
cc: chrisinplymouth - https://www.flickr.com/photos/21450297@N06Slide54
HOSTILE
ENVIRONMENT
so severe, so pervasive
it alters the use & enjoyment of home, and
creates an abusive living environment
cc: g0ddest - https://www.flickr.com/photos/73516555@N07Slide55
ALL FORMS PROHIBITED:
sex harassment of
same or different
gender
harassment re: gender identity-
actual or
perceived
sexual harassment because a person is
transgendercc: nathangibbs - https://www.flickr.com/photos/57954193@N00Slide56
2010 Sex protection expands
Gender Non-conformity
Gender Stereotypes
Lesbian, Gay, Bisexual (LGB)
Transgender persons
HUD has pursued 200 cases
cc: torbakhopper - https://www.flickr.com/photos/32029534@N00Slide57
2012: Actual or Perceived
Gender Expression, Identity or Sexual Orientation
cc: Thomas Tolkien - https://www.flickr.com/photos/38585972@N04Slide58
2012
"LGBT Equal Access Rule"
Discrimination prohibited in Fed. housing programs & FHA lending
Sexual Orientation, Gender Identity, or Marital Status
cc: torbakhopper - https://www.flickr.com/photos/32029534@N00Slide59
2015 HUD guidance
Issued to: ESG, CoC, HOPWA fund recipients.
Admit a person based on their self identified gender identity
Do not ask Qs about anatomy, medical procedures, or make burdensome demands for identity documents
cc: fotografar - https://www.flickr.com/photos/30268934@N00Slide60
Recap: Housing Protections
Fair Housing Act: Sex protection
State & Municipal laws--vary
2012 HUD "Equal Access Rule"
2015 HUD guidance: Appropriate Placement for Transgender Persons in Single Sex Emergency Shelters
cc: mikecogh - https://www.flickr.com/photos/89165847@N00Slide61
DISPARATE IMPACT THEORY
A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.
cc: flazingo_photos - https://www.flickr.com/photos/124247024@N07Slide62
Statistics:
Women are 5x as likely as men to be victims of intimate partner
violence
86.6% of violent incidents between intimate partners were committed against women
cc: Kevin N. Murphy - https://www.flickr.com/photos/14404175@N00Slide63
Homelessness
Domestic violence was the most common reason WOMEN gave for homelessness in 2007
cc: K. Ulmer - https://www.flickr.com/photos/26704623@N03
Nat’l Law Center on
Homelessness & PovertySlide64
Nat’l Law Center on
Homelessness
& Poverty
1 in 4 homeless adults report that domestic violence was a cause of their homelessness
cc: D.C.Atty - https://www.flickr.com/photos/22939124@N08Slide65
Single women w/ children…
13x more likely to experience DV than married women w/
children
7x more likely than single women w/out children
cc: wazari - https://www.flickr.com/photos/65231640@N00
Nat’l Law Center on
Homelessness & PovertySlide66
2007
Tanica
Lewis v. The North End Village...the management company's policy of evicting Domestic Violence victims because of their abuser's actions constitutes sex discrimination in violation of the federal Fair Housing Act and Michigan's Civil Rights Act
.
Undisclosed
settlement
.Slide67
HUD TITLE VIII
FAIR HOUSING COMPLAINT PROCESS
cc: PatrickSeabird - https://www.flickr.com/photos/47625846@N04Slide68
REASONABLE CAUSE
MAX CIVIL PENALTY OF $16,000, PER VIOLATION
cc: nathanmac87 - https://www.flickr.com/photos/72841285@N00Slide69
LEGAL AID ADVOCATES
INTERVENTION, REFERRALS
cc: The Children's Alliance - https://www.flickr.com/photos/51657219@N00Slide70
CROSS TRAINING
& JOINT MEETINGS
cc: ITU Pictures - https://www.flickr.com/photos/42121221@N07Slide71
THANK YOU
FOR AFFIRMATIVELY FURTHERING FAIR HOUSING
cc: jenny downing - https://www.flickr.com/photos/7941044@N06