FAIR HOUSING PRESENTATION AAOC Training 4/23/13 AFFORDABLE HOUSING CLEARINGHOUSE 1/28/2016 FAIR HOUSING PRESENTATION Fair Housing Act Fair Employment and Housing Act Unruh Civil Rights Act Civil Code Sections 1940 et seq. © 2016 Fair Housing Council of Orange County © 2013 Fair Housing Council of Orange County 1

FHCOC BACKGROUND Founded 1965 – Out growth of Civil Rights Movement Incorporated 1968 – 501(c)(3) Primary Mission is Combating Housing Discrimination Also LL/T Counseling & HUD Approved Housing Counseling Private Enforcement of Fair Housing Laws Throughout Orange Co. – Direct HUD Support Serves Much of Orange Co. for LL/T – Local Government Support

THE MOST IMPORTANT SLIDE 714-569-0823 or 800-698-FAIR info@fairhousingoc.org www.fairhousingoc.org

FAIR HOUSING = NON-DISCRIMINATORY HOUSING

‘DISCRIMINATE’ DEFINED intransitive verb 1 a : to make a distinction <discriminate among historical sources> b : to use good judgment 2 : to make a difference in treatment or favor on a basis other than individual merit <discriminate in favor of your friends> <discriminate against a certain nationality>

WHY FAIR HOUSING? It’s the right thing to do It’s required by law and federal regulations Possibly severe consequences for non-compliance Monetary Damages – Compensatory & Punitive Equitable Relief Loss of Reputation Loss of Property or Exclusion From Housing Business

CALIFORNIA FAIR EMPLOYMENT & HOUSING ACT RELEVANT LAWS FAIR HOUSING ACT CALIFORNIA FAIR EMPLOYMENT & HOUSING ACT UNRUH CIVIL RIGHTS ACT RALPH CIVIL RIGHTS ACT

WE’RE ALL COVERED BY FAIR HOUSING LAWS Fair Housing Laws Prohibit Actions and/or Decisions Based On “Protected Class” Status or Using Prohibited Bases. Everyone Is a Member of Multiple Protected Classes or Could be Adversely Treated on a Prohibited Basis.

PROHIBITED BASES Federal State Federal Classes + Race Religion AAOC Training 4/23/13 PROHIBITED BASES Federal Race Religion National origin Color Sex Familial status Disability (Handicap) State Federal Classes + Marital Status Source of Income Sexual Orientation Ancestry Age Genetic Information Gender Identity or Expression Arbitrary Protected Classes There are 7 federal protected classes and each of you are members of at least two of those classes – can anyone name one of the classes? (have the group name the protected classes divide the classes by federal and state) Federal Race, Religion, National Origin, Sex, Handicap, and Familial Status State Marital Status, Sexual Orientation, Source of Income, Arbitrary Personal Characteristics, ancestry and age. Let’s take a minute to explain a few of the protected classes that might confuse people. I won’t explain sex because you should already know what that is. Race vs. Color - Does anyone know what the difference between color and race is? A persons race could be black – however, there are many different skin tones from very dark to very light skinned blacks. Color was added as a class because there are times when a person is discriminated against, not because of their race – black – but because of the actual color of their skin – dark or light. This can also happen to Hispanic’s and Asians. Familial Status is the presence of children under the age of 18 in the home. Source of Income is where a person gets their money. This could be from employment, welfare, disability, social security, trust funds, etc. As long as the source of the income can be verified, is likely to continue and is legal you are protected from discrimination based on where your money comes from. Arbitrary Personal Characteristics are things like facial hair, tattoos, pierced eyebrows, etc. Things that have no business basis – like credit and amount of income. 10 Mins © 2013 Fair Housing Council of Orange County 9

WHAT IS HOUSING DISCRIMINATION ? Refusal to Rent or Sell After a Bona Fide Offer Refusal to Negotiate For Sale or Rental Otherwise Make Unavailable or Deny Housing Falsely Denying Housing is Available Steering Deny a Loan Different Terms or Conditions for a Loan Retaliation, Intimidation, Coercion, Interference with Rights

DISCRIMINATION ? (cont’d) WHAT IS HOUSING DISCRIMINATION ? (cont’d) Differences in: Terms , Conditions or Privileges Services or Facilities Advertising or Statements Expressing a Preference Disability Specific Provisions Reasonable Accommodations Reasonable Modifications Accessibility Requirements for ‘Newer’ Housing

ESSENTIALLY ALL HOUSING TYPES COVERED - ANYTHING THAT IS A DWELLING – (a place of abode to which one intends to return) Apartments Room Rental (w/ exceptions) Long-Term Motel Stay Homeless Shelter Transitional Housing Sober Living Programs College Dormitories Condominiums Single-Family Homes Mobilehomes RV Parks Campsites Raw Land

ESSENTIALLY ALL HOUSING-RELATED TRANSACTIONS COVERED Management Advertising Insurance Lending Brokering Loans Real Estate Brokerage Appraisal Design & Construction Security / Protection

WHAT IS THE MEANING OF “DISABILITY” Federal “physical or mental impairment which substantially limits one or more [ . . ] major life activities” State Broader because it doesn’t use “substantially” Includes: A Record of Having Such An Impairment Being Regarded As Having Such An Impairment Alcoholics and Persons Recovering From Drug Abuse

HOUSING SEARCH Be alert to possible discrimination “discrimination with a smile” Be alert to possible on-line scams Try to verify the right of the offeror to rent the premises Be careful about placing a holding deposit Be specific as to unit Understand the terms, including forfeiture Generally, if you back out after approval you will lose some or all of the deposit When possible inspect the unit before applying

THE SECOND MOST IMPORTANT SLIDE 714-569-0823 or 800-698-FAIR info@fairhousingoc.org www.fairhousingoc.org