Fair Housing & Sec504 of the Rehabilitation Act of 1973 Presented by: Sonia P. Gutierrez Fair Housing Program Coordinator Office of Program Monitoring D.C. Department of Housing and Community Development THE BASICS

1866

Civil Rights Act of 1866 – ALL housing public and privately owned or managed, must be sold or rented without regard to a person’s race or color. (US Supreme Court decision, Jones v. Mayer)

1968

The Fair Housing Act FHA- as amended in Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601§ et seq. 24 CFR).

Which are the protected Classes? – Race – Color – Religion – National Origin – Gender – Familial Status – Disability

Covered Transaction Rentals Sales Appraisals Mortgage lending/financing Homeowners insurance Any real estate-related transaction

Covered “Dwelling” under FHA Apartments Condos Single family homes Mobile homes Vacant residential lots Timeshares Dorms Shelters Boat Houses Extended Stay Hotels

Housing NOT covered under FHA Noncommercial housing run by religious organizations and private clubs where occupancy is reserved solely to its MEMBERSHIP

Common Forms of Discrimination Refusal to rent, sell or negotiate for housing Steering Misrepresenting the availability of housing Setting different terms, conditions or privileges for the sale or rental of housing Discriminatory advertising

Common Forms of Discrimination Blockbusting Discrimination in mortgage lending, property insurance or appraisals Use of threats, harassment, intimidation, retaliation or coercion Differential Treatment Disparate impact – policy or procedure that is neutral on its face but has a greater negative impact on members of protected class (e.g. occupancy standards, requirement for employment rather than income)

“Accents” PSA

What if you are NOT a U.S. Citizen The FHA protects ALL people from illegal housing discrimination regardless of immigration status Undocumented residents have greater risks when initiating legal action against a landlord, real estate agent/broker or homeowner Retaliation by a landlord/real estate agent for making a complaint can be prevented by making an INJUNCTION, but ONLY for the duration of the fair housing case. Always refer your client to an immigration and civil rights attorney for counsel before taking action

Disability Amendment (1988) Accessibility – New construction (after 1991) Reasonable Modifications – To physical structures Reasonable Accommodations – To policies, procedures

Definition of “Disability” A mental or physical impairment, that substantially limits one or more major life activities such as those related to: – Breathing, seeing, speaking, walking, hearing, learning, working, social interaction, mental retardation, psychiatric disability, alcoholism/drug addiction, HIV infection, or functions such as: Caring for one's self Performing manual task A record of such an impairment; or Being regarded as having such an impairment.

FHA - Key Disability Features Public and private multifamily with 4 or more dwelling units designed and constructed for first occupancy after March 13, 1991, MUST be designed and constructed in a manner so that public and common use portions of such dwellings are readily accessible to and usable by disabled persons. No inquiries about disability or severity* Equality of treatment Must provide Reasonable accommodations Must provide Reasonable modifications

Disability -Exceptions Fair Housing Act DOES NOT protect – Current Use of illegal Drugs – Conviction for Manufacture or Distribution – “Direct Threat”: Nothing in the Fair Housing Act requires that housing be made available to a person whose tenancy would constitute a direct threat to the health or safety of others or whose tenancy would result in substantial physical damage to the property of others

Design and Construction The FHA Design and Construction requirements apply to "covered multifamily dwellings" designed and constructed "for first occupancy" after March 13, A building was not designed or constructed for first occupancy if: – It was occupied by March 13, 1991 – If the last building permit or renewal of a building permit was issued on or before June 15, 1990

7 Basic Design & Construction Requirements 1. An accessible building entrance on an accessible route. 2. Accessible common and public use areas. 3. Usable doors (usable by a person in a wheelchair). 4. Accessible route into and through the dwelling unit. 5. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations. 6. Reinforced walls in bathrooms for later installation of grab bars. 7. Usable kitchens and bathrooms.

Common accommodation requests 1. Reminders 2. Parking proximity or priority 3. Waiver of parking fees 4. Allowing assistance animals 5. Allowing caregivers parking or other priviledges

Common Modification requests Ramps Grab bars Changes to light switches, thermostats etc. Carpeting or acoustic tile to reduce noise Removal of carpet to facilitate wheelchair use Widened doorways

“Do you still like me?” PSA

1973

Section 504 Rehabilitation Act of 1973 Sec. 8.20: “…no qualified individual with handicaps shall, because a recipient's facilities are inaccessible to or unusable by individuals with handicaps, be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination under any program or activity that receives federal financial assistance.” (1) General. A recipient shall operate each non-housing program or activity receiving federal financial assistance so that the program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with handicaps. HUD Regulations promulgated 15 years later in 1988

Federal Money – Must follow the rules Section 504 says that tax dollars will not be used to establish, promote, or reinforce discrimination against people with disabilities.

As a recipient of federal financial assistance the District and local jurisdictions have the following obligations: – Avoid Discrimination on the Basis of Disability – Provide “Reasonable Accommodations” When Necessary to Ensure Equal Opportunity – Oversight of the use of federal funds by sub-recipients – Impose self-evaluation requirements on sub-recipients – Take concrete steps to ensure AFFH Local Govt. Obligations

Sec Key Features New construction and renovation of rental and sales property that is federally funded. Must have: – At least 5%* of units for persons with mobility impairments – At least 2%* (additional) of units for persons with vision and hearing impairments Sec. 8.32(a) Effective as of July 11, 1988, design, construction, or alteration of buildings in conformance with sections 3-8 of the Uniform Federal Accessibility Standards (UFAS) shall be deemed to comply with the requirements of Secs. 8.21, 8.22, 8.23, and 8.25 with respect to those buildings.

Sec504 Reasonable Accommodation Sec 8.11 (a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant with handicaps or employee with handicaps, unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program.

Program Accessibility” Does not require for every “existing” building in the program to be accessible. It is OK to use: – Location of services in accessible buildings (or portions of buildings) – Assignment of aides to people with disabilities – Home visits – “Any other methods” that result in making the program accessible as a whole

Policies That Limit Participation Are Prohibited The recipient may not impose upon individuals with handicaps other policies, such as the prohibition of assistive devices, auxiliary alarms, or guides in housing facilities, that have the effect of limiting the participation of tenants with handicaps in the recipient's federally assisted housing program or activity in violation of this part.

Limitation on Obligation A recipient is not required to make structural changes in existing housing facilities where other methods are effective in achieving compliance with this section or to provide supportive services that are not part of the program. Recipient is NOT required to: Make each of its existing facilities accessible Take any action that would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative burdens Must take any action short of that to ensure that individuals with handicaps receive the benefits and services of the program or activity

Methods of Compliance Recipient may comply by: Reassignment of services to accessible buildings, Assignment of aides to beneficiaries, Provision of housing or related services at alternate accessible sites, Any other methods that result in making its programs or activities readily accessible provided that those methods that offer programs and activities to qualified individuals with handicaps in the most integrated setting appropriate.

Housing Adjustments Sec A recipient shall modify its housing policies and practices to ensure that these policies and practices do not discriminate, on the basis of handicap, against a qualified individual with handicaps. Similar in concept to “reasonable accommodations” required under the Fair Housing Act

1977

In addition to the Seven (7) protected classes under the FHA, it includes: Age, ●Political Affiliation Marital status, ●Family Responsibilities Gender Identity●Personal appearance, Genetic Information●Transgender/transsexual Sexual orientation, ●source of income Matriculation●place or residence or Status as a Victim of business, Intra-family Offense District of Columbia DC Human Rights Act of 1977

1990

Key Features of the ADA Title II: – Applies to properties operated by state and local governments – Generally overlaps Section 504 Title III – Applies to areas that serve the general public, even if they aren’t housing – Requires reasonable accommodation for visitors and other members of the public

Types of Housing Title II, any housing that is operated by state or local governments or by public entities are covered. In many, but not all cases, these properties will also be covered by other laws (FHA and Sec504) Title III does not apply to housing directly to housing, but it does cover the rental offices that serve the public, sales offices located in model apartments or homes and commercial spaces associated with housing like day care operations, fitness centers or beauty parlors that serve the public as well as residents. Title III also covers hotels and motels.

Who pays for reasonable accommodations? Housing providers and others must provide and pay for “reasonable modifications” including structural changes

Specific Requirements Title II: New Construction and Alterations: New construction and alterations of properties covered by Title II are required to be designed and constructed to be free of architectural barriers. These requirements apply to buildings that are built or altered after January 26, State and local officials may choose either of two access standards to follow: The Uniform Federal Accessibility Standards (UFAS) or The ADA Accessibility Guidelines (or ADAAG).

Specific Requirements Title II: Existing Buildings Title II of the ADA does not require state and local governments to retrofit existing buildings unless they are undergoing alterations, as long as they make their programs accessible to people with disabilities. In other words, retrofitting is not required if a meeting room or public office can be relocated to an accessible structure, or a service can be provided at a consumer’s home or other accessible site. Another option might be to provide the consumer with an aide who can go to inaccessible sites to obtain whatever information or forms the consumer needs.