Fair Housing, Section 504 & Reasonable Accommodations/Assistance Animals - PowerPoint Presentation

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Fair Housing, Section 504 & Reasonable Accommodations/Assistance Animals

Department of Housing & Urban Development

MPNAHRO

June16,2014Slide2

FAIR HOUSING LAWS

TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

FAIR HOUSING ACT OF 1968, AS AMENDED IN 1988

SECTION 504 OF THE REHABILITATION ACT OF 1973 (UFAS)

THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)Slide3

Fair Housing Act PROTECTED CLASSES

RACE

COLOR

RELIGION

NATIONAL ORIGIN

SEX

FAMILIAL STATUS

DISABILITYSlide4

SECTION 504 of the Rehabilitation Act of 1973

Found at 24 CFR Part 8.

Prohibits Discrimination on the basis of disability in programs and activities receiving Federal Financial assistance from HUD.Slide5

What Do You See? Slide6

Discrimination

Simply put, discrimination means treating someone differently based on

x

,

y

or

z

. Slide7

Treat everyone

equally Slide8

REASONABLE ACCOMMODATIONS

&

REASONABLE MODIFICATIONSSlide9

Discrimination Prohibited

No qualified person with a disability shall, solely on the basis of disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. Slide10

Reasonable Accommodations

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.Slide11

Equality of Benefits & Opportunity

Equalizes the benefit of housing and enhances the quality of life for persons with disabilities.Slide12

Definition of a Person with Disability

A person who has a physical or mental impairment that substantially limits one or more major life activity, has a record of such an impairment, or is regarded as having such impairment.

Doesn’t include -

Current

drug use and alcohol abuse.Slide13

Seeing

Walking

Learning

Performing

Manual Tasks

Hearing

Breathing

Speaking

Taking Care

of One’s Self

EXAMPLES OF MAJOR LIFE ACTIVITIES Slide14

The Fair Housing Act applies to virtually all housing, regardless of whether the housing is linked to federal

funding.

Covered housing includes apartments, condos, college and university dormitories and faculty housing, shelters, and supportive housing.

Section 504 applies to programs, services, and activities that receive financial assistance from HUD.

Fair Housing Act and Section 504 ApplicationSlide15

Dwellings are defined under the Fair Housing Act as: any building, structure which is intended for occupancy as a residence by one or more families. The terms “dwelling” and “dwelling units” has been broadly interpreted. (See 42 U.S.C. § 3602(b).

Many courts have determined the meaning to include temporary or permanent dwelling place, which one intends to return.

U.S. v. City Rescue Mission of New Castle and James Henderson

Covered DWELLINGSSlide16

Mission (homeless shelter) did not allow a blind person to stay with their service animal.Mission denied him because they were not equipped to handle animals.

Discriminated on the following basis:

*Denial of dwelling based on disability

*Denial on different terms, conditions or privileges of rental

*Refusal to make accommodations when necessary to allow the person to have equal opportunity to fully enjoy the dwelling

Complainant attempted suicide

Court awards damages and civil penalties

U.S. vs. Rescue Mission of New CastleSlide17

Requesting an Accommodation

A reasonable accommodation must be requested.

Requests can be made at any time, by person with disability, family member or by someone else who is acting on their behalf.

A request does not have to be in writing it can be orally or by any other effective method.

Housing provider should place request in writing and document outcome.Slide18

An oral request is enough – A written request may not be required.

The process should be quick and easy and should involve determining the answers to two questions:

1.) Does the requester have a disability?

2.) Does the requester have a disability-related need for the

requested assistance animal?

Determinations should be

made on a

case-by-case

basis.

Applying the principles …Slide19

Housing providers must evaluate requests for assistance animals as reasonable accommodations by using the general principals applicable to all reasonable accommodation requests.

EVALUATING REASONABLE ACCOMMODATION REQUESTSSlide20

Housing Providers Responsibility

Engaging in an interactive dialogue:

It is necessary, when an applicant or tenant requests an accommodation or modification, to engage in an interactive dialogue. One cannot simply refuse a request for a reasonable accommodation or modification. The interactive dialogue is an opportunity to become educated about the requester’s needs and to find an effective and reasonable solution for the issue at hand. Slide21

Verifying A NEED FOR A Reasonable Accommodation

May request documentation– only to the extent necessary to verify that the requester has a disability and whether the accommodation is needed for the disability.

Apparent vs. Non-apparent disabilities.

May not acquire confidential medical records or inquire into the nature or severity of a person’s disability.

Verification of a disability and need for an accommodation can be from a: Medical provider; health Care provider; Doctor, a professional representing a social service agency; a disability agency or rehab clinic; or other provider that can verify the disability.Slide22

Reasonable Accommodations

For an accommodation to be reasonable there must be an identifiable relationship or nexus between the requested accommodation and the individual’s disability. Slide23

What is Reasonable?

The requested accommodation must be reasonable:

*It d

oes not impose an undue financial and

administrative burden on the housing provider.

*It does not fundamentally alter the nature of the

housing provider’s operation.

Slide24

Request for Assistance Animal is a Reasonable Accommodation under the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973Slide25

Assistance Animals

Assistance animals are not pets.

Assistance animals include

service animals and emotional

support/therapy and comfort

animals.Slide26

Are animals that provide assistance, or perform tasks for the benefit of a person with a disability, or provide emotional support that alleviates one or more symptoms or effects of a person’s disability.

Do not need to be trained or certified, serves a function for person with disability to alleviate their disability.

Are not

just dogs and may include cats, birds, guinea pigs, miniature horses, capuchin monkeys, snakes, tarantulas, etc.

ASSISTANCE ANIMALS …Slide27

HOUSING PROVIDERS MAY NOT…

Charge

a pet deposit or a

fee

Deny access to housing or indoor and

outdoor public and common use areas

associated with housing

OR

Impose

breed, weight,

number, or

size limitations.Assistance Animal ConditionsSlide28

Assistance Animal Conditions

Both Pet policies and No pet policies must clearly state that the policy does not apply to assistance animals.

HOUSING PROVIDERS…

May apply reasonable health and safety concerns, including ensuring that animals are not a threat or a nuisance.

May require owners to clean-up after animals and maintain control of animals. Slide29

Provide tenant with lease violationsCharge tenant for damages

Evict the tenant, not the animal

Remedies if Animals are a ProblemSlide30

“SERVICE ANIMALS” UNDER THE ADASlide31

Title II of the ADA applies to public entities, including public entities that provide housing (e.g. public housing agencies, state and local government housing, housing provided at state universities and other places of education.)

Title III of the ADA applies to places of public accommodation, such as rental offices, shelters, some types of multifamily housing, assisted living facilities, and housing at places of education.

Americans with Disabilities Act ApplicationSlide32

DOJ’s revised ADA regulations define “service animal” narrowly as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. In some cases, the ADA definition also includes miniature horses.

The provision of emotional support, well-being, comfort, or companionship does not constitute work under this ADA definition.

ADA Definition of A “service animal”Slide33

The ADA has different requirements than the FairHousing Act.

Entities covered by the ADA may only make two

inquiries

to

assess requests under the ADA:

1.)

“Is this a service animal that is required

because of a disability?”

2.) “What work or tasks is the animal trained to perform?”

ADA Inquiries Slide34

Covered entities may not ask about the “nature or extent of a person’s disability.”

Covered

entities

may not

require documentation or proof

.

Covered

entities may not ask the

two questions if it is “readily apparent that the animal is trained to do work or perform tasks for a person with a

disability.” (EXAMPLE: A

dog seen guiding a person

with a visual impairment)ADA Inquiries, Cont.Slide35

New DEPARMENT OF JUSTICE ADA Regulations

Recent Amendments to ADA regulations

do not

affect reasonable accommodation requests under the Fair Housing Act and Section 504.Slide36

ADA Not Applicable in Housing

Under the Fair Housing Act and Section 504, individuals with disabilities

may request

reasonable accommodations for assistance animals , including all animals, not just dogs or miniature horses.

Housing providers must meet broader Fair Housing Act/Section 504 standard

in deciding whether to grant reasonable accommodation requests for assistance animals.Slide37

Visiting Assistance AnimalsHousing providers must allow visiting

animals.

In Reno, NV, a housing provider was charged with repeated

harassment and attempted eviction of a couple who had a

friend visit with service animal.

The tenant provided the landlord with documentation showing the friend’s dog was a service animal. But the landlord would not make an exception to the property’s “no pet” policy. After the eviction was dismissed in court, the landlord continued to harass the tenant by posting signs by tenants door.Slide38

QuizSlide39

Reasonable AccommodationsQuiz

Is there a limit on the number of reasonable accommodation requests a person with a disability may have?

Do verifications of a disability and a need for a reasonable accommodation have to be from a licensed Doctor?

Can a request be turned down if there is not a nexus between the type of disability and the requested accommodation?Slide40

Reasonable AccommodationsQuiz

Can a housing provider deny leasing to a person with a disability if they do not have any accessible

Does a housing provider have to approve a request for maintenance to take a person with a disabilities garbage out ? What are some alternatives?Slide41

Reasonable Accommodation Quiz

Can the housing provider require a tenant to move into an accessible unit when one is available if the disabled tenant is currently in an non-accessible unit?

Can housing providers charge a tenant with a disability to transfer to an accessible unit from a unit that is not accessible?Slide42

Can you limit the number, breed, size, or weight of an assistance animal?

Can you deny an Assistance animal if it is not trained or certified?

Can you require the tenant to request another reasonable accommodation if they acquire a different animal?

4. Can you evict an Assistance Animal?

Assistance Animal QuizSlide43

Assistance animal Quiz

Can

a housing provider require a tenant to acquire

rental

insurance due to their assistance animal

?

Can a housing provider require a tenant to have their assistance animal spayed or neutered?

How often can a housing provider verify a reasonable accommodation request?Slide44

To File A Fair Housing Complaint

File a fair housing complaint by using HUD’s On Line Form accessible through our Web site

http:www.hud.gov

File by calling toll free in Denver

1-800-877-7353

File by calling a FHIP or a FHAP in your areaSlide45

FHEO Notice 2013-01, Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs,

http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf

U.S. Department of Housing and Urban Development and U.S. Department of Justice:

Joint Statement on Reasonable Accommodations under the Fair Housing Act

,

www.hud.gov/offices/fheo/library/huddojstatement.pdf

DOJ

ADA Technical Assistance

on

Service

Animals

http://www.ada.gov/service_animals_2010.htmMore InformationSlide46

REMEDIES FOR DISCRIMINATION

ACTUAL ECONOMIC DAMAGES

COMPENSATION FOR PAIN AND SUFFERING AND NON-ECONOMIC INJURY

ATTORNEYS FEES

CIVIL PENALTIES

PUNITIVE DAMAGESSlide47

Fair Housing:

It’s Not an Option

Its the Law!Slide48

QUESTIONS?Slide49

For more

information,

contact:

Michele

Hutchins, Equal Opportunity Specialist

Office of Fair Housing & Equal Opportunity

Utah State HUD Office

125 S. State Street, Room 3001

Salt Lake City, UT 84138

(801) 524-6097-Direct line

(801

) 524-6909-TDD/TTY line 1-800-877-7353 – Denver Toll Free email: michele.hutchins@hud.gov