Wyoming Fair Housing Compliance Training

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  For Our Purposes Today we will clarify 3 Laws that we most commonly deal with: 1.The Fair Housing Amendments Act of Section 504 of the Rehabilitation Act of Americans with Disabilities Act Defining Fair Housing

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Fair Housing Act:  Discrimination  Section 504:  Disability  ADA:  Public Areas Key Concepts

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Basically, it means equal accessibility to housing for everyone (physically & financially)  Fair Housing Laws prohibit discrimination in: o Sales o Rental o Financing What is Fair Housing?

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Amends the Civil Rights Act of 1968  NO DISCRIMINATION: 7 CLASSES 1.Race 2.Religion 3.Color 4.Sex 5.Disability 6.Familial Status 7.National Origin AND 8.(HUD has added Lesbian, Gay, Bisexual, Transgender) 9.(HUD has added “Victims of Violence”) The Fair Housing Amendments Act of 1988

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Inconsistent Treatment  Making housing inaccessible strictly based on a person/household being part of one of the protected classes What is Discrimination?

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  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 OR  Unintentional In Other Words…

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Effects of an unintentional action  Same disciplinary action as intentional actions o HUD & DOJ have the authority & responsibility for enforcement o HUD & the Supreme Court have interpreted the Law to prohibit practices that have an unjustified discriminatory effect, regardless of intent Good Intentions

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Income  Convicted Felons  Bad Credit  Poor References  Students  Poor Housekeepers  Current Drug Users  Smokers… This is not an all inclusive list What are not protected classes?

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Privately Funded Religious Housing  Military Housing  Private Social Organizations  Reservations for Native Americans  On Campus Housing  Owners who possess no more than 3 units & do not employ the services of a Real Estate Agent, Broker or Salesperson Some exemptions from Fair Housing

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Accept an application from everyone  Openly 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?

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  “Qualify” tenants using different standards  Deny anyone access to the same level of services  Discriminate based on a person’s relationship with another person or group of persons  Retaliate, threaten or intimidate a person who has exercised their rights under the Fair Housing Act  Never assign sleeping “arrangements” based on the gender of the adults or children What must you NOT do?

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Must notify the applicant in writing  Must give a specific reason for denial  Must keep copies of these letters  Keep them all together in a separate file  I will want to review them when I visit Denied Applicants

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  The real key to following Fair Housing Law:  Consistency  Equal Treatment  Don’t make assumptions Fair Housing

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Fair Housing Act  Section 504 Because both Laws address Disability there is some overlap in these two Laws Overlap

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Who is protected by the Law? 1.Persons with Disabilities 2.Households with a Disabled Member 3.People who may not be disabled but are associated with people who are disabled Section 504

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Section 504 prohibits discrimination on the basis of disability in any program  Section 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 important Equality

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  A physical or mental impairment that substantially limits one or more major life activities  Impairment: May include, but is not limited to; visual, hearing, mobility, HIV, mental retardation, past drug addiction (not currently using), emotional or mental illness Definition of a Disability

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Major Life Activity: seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, speaking or working  Also protected: persons who have a record of an impairment, or are regarded as having an impairment Definitions continued

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  If it’s obvious you may not ask for any additional information  If it’s not obvious you may ask for documentation only to verify that the person meets the definition of disabled  This could be self-certification Proof of Disability

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Statement from the disabled person  Statement from a Medical Professional  Statement from a support group  Statement from a Counselor  Statement from a Case Manager  Documents showing receipt of SSDI  Statement from a reliable 3 rd party Documentation

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Advertising must be conducted in a manner that will reach persons with disabilities  Availability of accessible units that are not segregated  Allow the applicant to take responsibility for their own safety  Allow “reasonable” accommodations and modifications  Reasonable will not cause an undue financial or administrative burden on the project or cause a fundamental alteration of a program Requirements

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Accommodations & Modifications must be requested by the disabled person, a household member of the disabled person or someone acting on behalf of the disabled person  Requests can be made at any time  Requests don’t have to be in writing  You should establish a procedure and you may need to put the request in writing and document the outcome  Requests require your prompt attention RA and RM

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Medical records or detailed information are not necessary  Cannot ask about the nature or severity of a person’s disability  An accommodation or modification must be requested by the disabled person or by someone on behalf of the disabled person  If a reasonable accommodation or modification is requested, you can establish a “nexus” between the request and the disability RA and RM

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  NEXUS Means: Correlation, Connection, Link The request has to directly relate to the person’s disability and should affirmatively enhance the individual’s quality of life. What’s a Nexus?

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Always paid for by the Project!!!!!!!!!!!!!  Accommodations are changes to usual policies, rules, practices or services  Language Interpreters  Large print forms  Place of application  Method or place of payment  Companion/Service Animals  Parking spaces  And more… Reasonable Accommodations

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Companion/Service/Assistance  These are not pets  Companion/Assistance Animals provide emotional support  Service Animals perform specific tasks  Cannot charge a security deposit  Must be disabled to request the ability to have them  Multiple Animals - Possibly  Rules? YES  Lease Addendums? YES Fair Housing Issue - Animals

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Service Animals are trained to do specific tasks and are allowed to go anywhere  Companion or Assistance Animals  Certification or training is NOT required  More than one animal may be required  Must adhere to City or County requirements for licensing, shots and leash laws; cannot require it if the City or County doesn’t require it  May require tenants clean up animal waste Fair Housing Issue - Animals

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Doctor’s order is not required  You may request “documentation of the need” only to verify the nexus between the disability and the requested accommodation  HUD says: “You may not require health care providers to testify in court or sign a statement under penalty of perjury.” Fair Housing Issue - Animals

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Service/Companion/Assistance Animals could include:  Dogs  Cats  Birds  Guinea Pigs  Monkeys  Miniature Horses  Reptiles  And More Fair Housing Issue - Animals

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Structural changes  Ramps  Door width  Bathroom configuration  Kitchen configuration  Receptacles/Light/Heat Controls switch height  Grab bars in showers  Door knobs  Flooring  Lowering a “peephole” in a door  And more… Reasonable Modifications

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Accommodations: Project always pays  Modifications:  Project pays if it has any Federal Funding associated with it; HOME, HUD, RD, PBRA  Tenant pays if there is no Federal Funding in the project; Strictly Tax Credit or Bond (privately owned)  Note here that it says project not unit  A tenant’s Section 8 assistance does not make a project Federally Funded (TBRA) Who Pays?

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Owners can require:  Changes must meet the individual’s disability-based needs  Changes be done in a professional manner  All necessary permits  Restoration Physical Alterations

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Owners cannot require:  Payment for Liability Insurance  Compliance with aesthetic standards  A particular contractor be used  A particular style of construction  A particular accessibility standard Physical Alterations continued

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  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?

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Tenant pays for restoration  Tenant would not be liable for normal wear and tear  Owner may require a deposit to cover restoration, or  An escrow account may be set up that the tenant pays into  Interest on the escrow account goes to the tenant  If the funds are not used for restoration they are all refunded to the tenant Who pays for restoration?

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  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)

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  The Americans with Disabilities Act requires:  All public areas to be accessible to persons with disabilities  Service animals must be allowed in all public areas Americans with Disabilities Act (ADA)

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Parking Lots (2% of the spaces must be designated handicapped)  Rental Offices  Community Rooms  Swimming Pools  Play Areas  BBQ Areas  Public Rest Rooms Public Areas

Wyoming Community Development Authority Financing Affordable Housing in Wyoming 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

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Did you know that there is no such thing as an ADA Unit?  ADA only applies to public spaces  Units are not open to the general public Units are not governed by ADA

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  What restrictions can we put in our Tenant Selection Criteria to bar criminals?  HUD’s latest Guidance:  Cannot bar them based on an arrest  This is not proof of guilt or innocence  An arrest record should trigger further inquiry  Need an official record of conviction  HUD has written a paragraph to include in your criteria that is acceptable to HUD Let’s Answer Questions

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  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

Wyoming Community Development Authority Financing Affordable Housing in Wyoming “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

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Fair Housing Accessibility First   HUD  Hud.gov (Search Fair Housing) Websites

Wyoming Community Development Authority Financing Affordable Housing in Wyoming  Website:   Judy Koski – Compliance Officer  Contact WCDA