Fair Housing Fundamentals© Tampa Bay Fair Housing Consortium Friday, April 26, 2019

Governing Law Title VIII of the Civil Rights Act of 1968 - The federal Fair Housing Act Chapter 760, Part II, Florida Statutes - The Florida Civil Rights Act 3. Chapter 70, Pinellas County Codes (or other local law)

Protected Groups -Race -Disability (“Handicap”) Federal & State Law: -Race -Disability (“Handicap”) -Color -National Origin -Religion -Familial Status -Sex Chapter 70, Pinellas County Code of Ordinances (or other local law): All of the above, PLUS: -Sexual Orientation -Gender Identity -Gender Expression

Sales Rentals Lending/Mortgaging Insurance Appraisals Advertising etc. Scope of Coverage Sales Rentals Lending/Mortgaging Insurance Appraisals Advertising etc.

Advertising Prohibitions It is illegal to make a NOTICE or STATEMENT of preference or limitation based on one or more protected groups. - Except shared living quarters – preference based on gender allowed. Statement can be mere verbal utterance. There are NO exemptions to the advertising prohibitions.

Reasonable Occupancy Standards Landlords may establish occupancy standards, however: The standards should be reasonable; and Factors to consider would include: Square footage and configuration of residence in question; Number of bedrooms; Number and age of intended occupants.

Reasonable Modifications & Accommodations Persons with disabilities which substantially limit one or more major life activities are entitled to request: Reasonable MODIFICATIONS; and/or Reasonable ACCOMMODATIONS to allow them to fully enjoy housing opportunities in a similar manner as persons without disabilities.

Reasonable Modifications & Accommodations (cont.) Housing providers are entitled to documentation which establishes: The requester is a person with a disability/disabilities; Which substantially limits one or more of life’s major activities; and The nexus, or connection, between the requester’s disability and requested accommodation. UNLESS – the disability and need for accommodation/modification are readily apparent.

Reasonable Modifications & Accommodations (cont.) What kind of documentation may be used? Letter from doctor Letter from social worker Letter from Veteran’s Administration counselor In short – reliable, third-party information. So – a certificate from a web-site?

Reasonable Modifications & Accommodations (cont.) Even with an otherwise valid rule of general applicability prohibiting “pets”, a person with a disability/disabilities may request a reasonable accommodation from such a rule to have a service animal or emotional support animal (ESA). In such circumstance, the animal is NOT a pet! & Where pets are allowed, and a pet fee or deposit is charged, no similar fee can be assessed against a service animal or ESA.

Reasonable Modifications & Accommodations (cont.) There are only TWO valid legal defenses for refusing a request for reasonable modification or reasonable accommodation: Undue (financial) burden; and/or Fundamental alteration of operations.

Reasonable Modifications & Accommodations (cont.) Housing providers can hold persons with disabilities responsible for damage caused by service animals/ESAs. Housing providers can take steps to protect against threat to self or others posed by persons with disabilities and/or their service animals/ESAs, however: Such action should be based on articulable events; Such action should not be based on stereotypical fears/concerns.

Fair Housing & the LGBTQ Community Federal and state protections are not crystal clear. Both state and federal law prohibit discrimination based on gender stereotypes: Female tenant doesn’t dress in a “feminine manner.” Transgender man wears attire which doesn’t conform to stereotypes for men. Chapter 70 of the Pinellas County Codes, however, specifically prohibits discrimination based on one’s Sexual Orientation, Gender Identity or Gender Expression.

Fair Housing Implications Regarding use of Criminal Background/History Difference between disparate treatment and disparate impact. A per se ban on persons with a criminal background may have a disparate impact on certain groups. - Distinction between arrests and convictions Individualized assessments with a focus on the legitimate business interest to be served.

“Strengthening Communities through Diversity” CLE Course Number 1903210N “Strengthening Communities through Diversity” 5 general CLE hours, 2 bias elimination CLE hours.   Paul Valenti Director, Pinellas County Office of Human Rights 400 S. Fort Harrison Ave., 5th Floor Clearwater, FL 33756 Phone - 727-464-4880 Fax - 727-464-4157 pvalenti@co.pinellas.fl.us