Iowa Civil Rights Commission Disclaimer The information contained in this presentation is a brief overview and should not be construed as legal advice or exhaustive coverage of the topic.

Fair Housing in Iowa

What is fair housing? The right of all persons to apply for and be considered for the housing of their choice in the neighborhood they choose and can afford Applies to all housing transactions: rentals, sales, leases, sub-leases, loans, appraisals, insurance and zoning

Fair Housing Laws Federal laws Civil Rights Act of 1866 Civil Rights Act of 1968, Title VIII Fair Housing Amendments Act of 1988 (FHAA) State law Iowa Civil Rights Act, Chapter 216 of the Iowa Code and Chapter 161 of the Iowa Admin Code Local (city or county) ordinances may also apply

Do not discriminate (treat someone differently) because of: Race or Color Religion or creed Sex National Origin Physical or mental disability Familial status (presence of children under the age of 18 living with parents or legal custodians; pregnant women)

A good tenant: Is financially responsible - pays the rent in full and on time Abides by the building rules Takes care of the property Does not disturb other tenants Does not engage in criminal activity

How to select a good tenant: Use standard, objective selection criteria Use written application Verify income/employment Check personal and housing references Check financial/credit status DO NOT base decision on protected characteristics, stereotypes, or “looks like a good tenant”

Equal terms and conditions Cannot require additional deposit from families with children or persons with disabilities May not offer “move in specials” to some persons but not others Cannot base rent or deposit on number of persons in the unit (except when utilities are paid by owner and can be demonstrated) May not harass tenants or allow others to harass them

The law does not protect “bad behavior.” Persons may be evicted because of lease violations, such as: Non-payment of rent Continually disturbing the neighbors Creating safety and health problems Bringing illegal activity into the building

Advertising Advertising is not just newspaper ads, but also bulletin boards, shoppers, newsletters, word of mouth Advertise the characteristics of the property, not characteristics of people May advertise for roommates of one sex if living space is shared Do not discourage property seekers because of protected characteristics

Families with children Familial Status is defined as the presence of children under age 18, pregnant woman, or person seeking or sharing custody of children Do not discourage families with children by giving advice, “This wouldn’t be a good place for a family.” Let the tenant make that decision Do not segregate families on one floor or in one building

Occupancy standards Current HUD guidelines are two persons per average-sized bedroom Standard refers to “persons” - do not specify adults or children, male or female May limit an efficiency apartment to one person Mobile home parks: standard based on size of home, not number of persons per lot

Reasonable modifications for disability Landlord must allow tenant with disability to make changes to unit (at tenant’s expense) Examples of modifications: entrance ramp, grab bars in the bathroom, relocation of switches or controls, widening doorway, installation of lever doorknobs, accessible mailbox or trash receptacle, doorbell light signal for person with hearing impairment

Reasonable accommodation for disability Reasonable accommodations are changes to rules, policies, practices or services, to enable person with a disability to live there Provide adequate handicapped parking Allow service animals (they are not pets) Allow person with a disability to pay rent by mail rather than coming to office

Exemptions in Housing for older persons Housing for older persons exempt only from familial status provisions of the law, not from other personal characteristics Exemptions exist only if: Housing for persons age 62 years or older (all units) Housing for persons age 55 years or older -80% of units occupied by those persons - services specifically for older persons

Accessibility for Multifamily Housing Required by the FHAA of 1988: Units built for first occupancy after March 13, 1991 Buildings consisting of four or more units if the building has one or more elevators Ground floor units in other buildings consisting of four or more units Finished living space must be on one level (two- story townhouses not covered)

Design and Construction Requirements Accessible building entrance on an accessible route Accessible and usable public and common use areas Doors wide enough for passage by persons in wheelchairs Accessible route into and through the dwelling unit Light switches, electrical outlets, thermostats and other environmental controls in accessible locations Reinforced walls in bathrooms for installation of grab bars Kitchens and bathrooms usable by people in wheelchairs

Fair housing - it’s the law. We are all neighbors. Fair housing - it’s good business Treat others the way you or your family would like to be treated.

Iowa Civil Rights Commission 211 East Maple Street, 2nd Floor Des Moines, Iowa FAX