North Penn Legal Services Overview of Fair Housing

Fair Housing Act What is it? Federal law prohibiting discrimination in housing transactions for individuals in protected classes applies to direct providers of housing, such as landlords, real estate companies, banks, etc. \ applies to rental, sales & financing of “dwellings” Sets minimum protections Enacted in 1968, prohibited discrimination based on race, color, religion or national origin Amended in 1974 to add sex Amended in 1988 to add familial status and disability

Protected Classes RACE COLOR NATIONAL ORIGIN RELIGION SEX (1974) Includes sexual harassment FAMILIAL STATUS (1988) Children under 18 living with parents or legal custodians People securing custody of children under 18 Pregnant women DISABILITY (1988)

Cannot discriminate on the basis of marital status States, cities, municipalities can offer additional protections State and Local Protections Pennsylvania Human Relations Act Allentown, Bethlehem & Easton Illegal to discriminate on the basis of age (above age of 40) Protects handlers & trainers of support or guide animals Protects tenants associated with individuals with disabilities Gives guidance on sex discrimination Cannot discriminate on the basis of sexual orientation, gender identity and gender expression Cannot discriminate on the basis of marital status

Defining a Dwelling What is covered? Private housing Public housing and subsidized housing Manufactured home communities Group homes Rooming or boarding houses Nursing homes and assisted living centers Residential drug & alcohol treatment facilities Homeless shelters (case-by-case basis) University housing (dorms) Vacant land offered for sale or lease

FHA Dwelling Exemptions Buildings with four or fewer units, if owner lives in one of the units Single-family housing sold or rented without the use of a broker, if owner does not own more than 3 single family homes Housing operated by religious organizations and private clubs can give preference to members, but can’t discriminate in their membership Senior housing, if complies with specific rules of older communities (exempt from familial status ban)

How is The FHA Enforced? Negotiating with landlords Raising the issue at an eviction hearing Filing a complaint: Federal, HUD: 1 year to file State, PHRC: 6 months to file City, HRC: Allentown: 180 days Bethlehem: 180 days Easton: 300 days Lawsuit Filed in State or Federal Court: 2 years

What type of behavior is illegal? Examples Setting different terms, conditions or privileges for sale or rental of a dwelling Providing different housing services or facilities Falsely denying that housing is available for inspection, sale, or rental Steering - “channeling” homebuyers to particular neighborhoods based on race, national origin or other protected class Refusing to rent or sell housing or otherwise make housing unavailable - including imposing different terms for loans Advertising or making statements that indicate a limitation or preference based on being a member of a protected class Discriminatory advertising is always illegal Taking action against someone exercising a fair housing right

What type of behavior is illegal What type of behavior is illegal? Examples (race, national origin, religion, sex) Race Discrimination Refusing to rent to a biracial couple National Origin Discrimination: Refusing to rent to potential tenants who do not speak English Religious Discrimination: Charging a higher rent to tenants who are of a particular religious persuasion Sex Discrimination: sexual harassment

What type of behavior is illegal? Examples Familial Status Refusing to rent a 2nd floor apartment Saying “no children” Telling a family they can only live in a certain area of the complex Telling a family there are not enough bedrooms default rule, 2 per bedroom Charging per person versus per unit

Disability Individual with a physical or mental impairment that substantially limits one or more major life activities (i.e., seeing, hearing, speaking, walking, breathing, self care, learning), or Individual who is regarded as having such an impairment, or Individual with a record of such an impairment

Additional Rights for Equal Enjoyment (must establish nexus to disability) Reasonable Modifications Reasonable Accommodations Change, exception, or adjustment to a rule, practice, lease term or service No documentation needed if disability is obvious Can be requested at any time prior to actually being evicted Landeck v. Lebannon County Housing Authority, 967 A.2D 1009 (Pa. Super 2009) Structural change to Interior Exterior Common areas Under Section 504, costs paid by housing provider if receives federal funding

Denying a Request (housing provider must prove) Undue financial and administrative burden on housing provider Burden determined by scope of operation Fundamental alteration of housing provider’s operations Tenant poses a direct threat to the health or safety of other residents or housing provider’s staff Tenant would cause substantial physical damage to another person’s property Can’t assume threat or damage

Reasonable Modification Examples Individual who uses wheelchair can request carpet be removed and replaced with linoleum Individual with mobility issues may request variance in zoning ordinance to install a ramp Resident with hearing disability may install a peep hole in door Individual who cannot remember to turn off water may install automatic faucet

Reasonable Accommodation Examples Housing provider stops an eviction action to allow tenant to fix lease violation Example: time to get services in place to address behavior that is causing eviction Housing provider allows caregiver to move into apartment Housing provider allows tenant more time to move (no legal defense to prevent eviction) Housing provider allows assistance animal Housing provider allows tenant with mobility impairment to move from third floor to ground floor

Assistance Animals (Service & Emotional Support Animals) RA request as exception to no-pet policy Service and emotional support animals are not pets Must show relationship between needing animal for disability (letter from doctor, social worker, etc.) Cannot charge pet deposit or extra monthly rent No training or certification required No breed or weight restrictions All domestic animals allowed Animal can access all housing property

North Penn Legal Services www.northpennlegal.org Information on self-help legal topics, latest news & events updated regularly 559 Main Street, Suite 200, Bethlehem, PA 18018 Phone: (610) 317-8757; Fair Housing Issue: 610-317-5322 (leave message) Office hours: Monday - Friday 9:00 – 12:00 / 1:00 - 5:00 Intake : 877-953-4250 Mon-Thurs.9:00 – 11:30 a.m. / 1:30 – 4 :00 p.m.