1. Fair Housing and the Commission on Human Rights and Opportunities
Presented by
Attorney Kimberly Jacobsen

2. Commission on Human Rights and Opportunities (CHRO)
Oldest state governmental civil rights agency in the country
The only agency in the state empowered to enforce civil rights statutes including the fair housing act
Eliminate illegal discrimination in employment, housing, public accommodations and credit transactions through investigation and enforcement

3. CHRO duties cont’d: Education and Outreach
Contract Compliance and Affirmative Action

4. What is Fair Housing?
The right to choose where to live, to raise a family, to own a home regardless of your protected class

5. There are Exceptions
In some circumstances owner-occupied buildings with up to four units may be exempt.
Also certain elderly housing is exempt.

6. HUD
Mission: To create equal housing opportunities for all persons living in America by administering laws that prohibit discrimination in housing
What they do: administer federal laws and establish national policy to ensure citizens have access to having of their choice.
You can file directly with HUD or CHRO acts as a deferral agency and you can dual file with us

7. What is Prohibited Under State and Federal Law?
Refusal to rent
Refusal to negotiate for housing
Make housing unavailable
Deny a dwelling
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services or facilities
Falsely deny housing is available for inspection, sale or rental

8. Prohibited Activities Cont’d
Blockbusting - for profit induce owners to rent or sell
Deny anyone access to or membership in a facility or service such as MLS
Steering – restrict or attempt to restrict the choices of any buyer or renter (require or suggest)
Discriminatory ads
Discriminatory Statements
Sexual Harassment (ie. LL asking for sex in lieu of rent)

9. Protected Classes – Federal and State
Race
Color
National Origin
Religion/creed (all religions or no religions)
Gender/Sex
Familial Status
Disability
Color (skin color) - Color is usually broader than race. For instance, landlords may be liable for color-based discrimination if they discriminate against dark-skinned people, regardless of their race.
Familial status- one or more individuals who have not attained the age of 18 living with a parent or legal guardian (foster family), pregnant woman, an individual in the process of obtaining legal custody of a child under the age of 18 (ex. all people with children must live on first floor, or ads “no pets or kids”, although there is a special exemption for certain types of Senior housing)
Sexual Orientation – explain HUD rule

10. State ONLY Protected Classes
Age
Ancestry
Marital Status
Source of Income
Sexual Orientation
Gender identity/expression
Source of income – Section 8, RAP, Security Deposit Guaranty, SSI, etc.

11. Disability – Physical, Mental or Learning
Has a disability, has a record or having a disability or regarded as having a disability

12. Duty to Accommodate/Modify
Interactive process
Reasonableness
Undue financial or administrative burden
Examples: assigned parking space, service animal, ramp
Modifications cost is on the tenant unless federal funded

13. Public act 16-16 (effective july 1, 2016)
Requires Sellers of property with two or more units to give buyers notice regarding state and federal fair housing laws.
Notice found on CHRO website.
Purpose is to ensure new multifamily home owners are aware of the laws regarding fair housing.

14. Being a member of a protected class does not guarantee housing
You still need to be qualified to obtain the tenancy
You still need to pay your rent
You still need to follow the rules

15. OVERVIEW OF CHRO COMPLAINT-PROCESSING RESPONSIBILITIES
RECEIVE COMPLAINTS OF DISCRIMINATION
INITIATE COMPLAINTS OF DISCRIMINATION
INVESTIGATE COMPLAINTS
MEDIATE COMPLAINTS OF DISCRIMINATION
LITIGATE COMPLAINTS OF DISCRIMINATION
ADJUDICATE COMPLAINTS OF DISCRIMINATION

16. FILING A CHRO FAIR HOUSING COMPLAINT
CHRO Fair Housing Unit - located at 25 Sigourney Street in Hartford
Initial contact over the phone
All services are at no cost
Drafting complaint (must be under oath)
Investigation
Statute of Limitations – 180 days (consider tolling)

17. CHRO investigation Fact-finding conferences Witness Interviews
Site Visits
Mandatory Mediation conferences
Duty to Cooperate

18. Findings and Prosecution
Reasonable Cause or No Reasonable Cause
Defaults
Post Cause Conciliation
Administrative Hearing or Court Hearing, CHRO becomes a party to the action

19. Fair Housing Damages Specific Performance
Actual damages such as rent differential, storage and moving expenses, etc.
Emotional Distress Damages
Attorneys Fees
Punitive damages (in court)
Civil Penalty (in court)