1. 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.

2. Fair Housing in Iowa

3. 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, advertising, loans, appraisals, insurance and zoning

4. Fair Housing Laws Federal laws State law
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

5. Do not discriminate (treat someone differently) because of:
Race or color
Religion or creed
Sex
Sexual orientation
Gender identity
National origin
Physical or mental disability
Familial status (presence of children under the age of 18 living with parents or legal custodians; pregnant women)

6. Characteristics NOT Protected
Citizenship – a landlord may require all tenants be citizens; however, all applicants must be treated the same in this regard, including requests for documentation.
Limited English Proficiency (LEP) –A landlord is not required to pay for an interpreter or provide documents in alternate languages if the property is not federally funded.

7. Basic definitions
Immigrant : A foreign-born person who comes to the United States with the intention of residing permanently.
Refugee: A person who is unable to return to his/her country of origin due to persecution or a well-founded fear of persecution.
Citizen: A person born in the US, or who has otherwise become a citizen.

8. 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

9. 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”

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. FOR MULTI-FAMILY HOUSING
What the Law Requires
ACCESSIBILITY
FOR MULTI-FAMILY HOUSING

18. OVERVIEW: Introduction to Accessibility Laws Applicable laws
Accessibility and requirements for multi-family housing
Responsibility

19. Accessibility Laws Three Levels of Jurisdiction: Federal State
Local (city or county)

20. Accessibility compliance
At the state level, multi-family housing must receive a handicapped review certificate from the State Building Code Bureau.
Local governments sometimes have their own process…some use the State Building Code Bureau.
New units built for first occupancy after March 13, 1991

21. Who is a person with a disability?
Any person who has a physical or mental impairment that substantially limits one or more major life activities,
or has a record of such an impairment,
or who is regarded as having such an impairment

22. What is Multi-family housing?
New construction: projects of four or more multi-family units with an elevator, all units must comply
New construction: projects with four or more units without elevators, ground floor units must comply
Exceptions: single family housing, duplexes, triplexes, two story townhouses

23. What is Accessibility?
Making buildings and facilities that can be entered and used by all people
Accessibility provides access to people with disabilities, but the end result is a living environment more useable by everyone

24. What is Accessibility?
New Construction -- design components of housing that can be used by everyone
Existing Buildings -- removal of barriers, when possible, that prevent use by some people

25. Accessibility Requirements
Accessible entrance & accessible route
Accessible public & common use areas
Usable Doors
Accessible routes into and through the dwelling unit
Environmental controls, outlets, thermostats and light switches in accessible locations
Reinforced bathroom walls
Usable kitchens & bathrooms

26. What are reasonable accommodations?
Changes in rules, policies, practices and services which enable a person with a disability to reside in the unit which are necessary to permit a person with a disability to use and enjoy the unit

27. What are reasonable accommodations?
The accommodation must:
Be requested
Be reasonable
Not impose an undue burden on the landlord

28. Examples of reasonable accommodations
Allow service animals
Provide adequate handicapped parking
Allow changes in rules for paying rent
Permitting more “clutter”, allowing more time to comply with notice to clean up
Permitting a tenant with mobility problems to move from the second or third floor to the first floor

29. What are reasonable modifications?
Physical modifications or changes needed to provide “full enjoyment” of the housing unit

30. Examples: reasonable modifications
Entrance ramp
Grab bars in bathroom
Widening doors
Installation of lever doorknobs
Accessible mailboxes or trash receptacle

31. Examples: reasonable modifications
Removing cabinet under sink
Disconnecting a stove and installing a microwave oven
Doorbell light signal for hearing impaired
Relocation of switches and controls

32. What is reasonable? A reasonable modification must be “reasonable”.
The landlord can ask for assurances that the work will be done properly and according to code
The landlord may require the change be undone if not acceptable to the next tenant or the landlord may require a deposit to cover the cost of the restoration

33. Who is responsible for accessibility?
Existing Buildings: tenant & landlord
New Construction: anyone who designs or builds multi-family housing
In your community: everyone should advocate for accessibility

34. What legal remedies are available to a tenant?
File a complaint with the Iowa Civil Rights Commission – 300 days
File a complaint with HUD – 1 year
File a civil lawsuit – 2 years

35. For more information about housing rights, contact:
Iowa Civil Rights Commission Grimes State Office Building 400 E. 14th Street Des Moines, Iowa (toll free)
Legal Aid