Know your rights: A Guide to Fair Housing for People with Disabilities

1. Know your rights: A Guide to Fair Housing for People with Disabilities Presented by New Jersey Citizen Action (NJCA)

2. Acknowledgment The work that provided the basis for this presentation was supported by funding under a grant with the U.S. Department of Housing & Urban Development (HUD).

3. What is Fair Housing? Fair housing is the right of all persons to apply for and be considered for the housing of their choice, in the neighborhood that they choose, and that they can afford.

4. Federal Fair Housing Laws • Civil Rights Act of 1866 • Civil Rights Act of 1968, Title VIII • Section 504 of the Rehabilitation Act • Americans with Disabilities Act, Title II and Title III

5. Federal Fair Housing Laws 1988 Amendments to the Fair Housing Act: • Prohibits discrimination based on familial status • Prohibits discrimination based on physical and mental disability • Requires housing provider to allow reasonable modifications and accommodations • Requires new family housing built for occupancy after March 1991 to have accessible design features

6. Three key laws relating to discrimination based on disability • FAIR HOUSING ACT • Applies to most types of housing • SECTION 504 OF 1973 REHABILITATION ACT • Applies to housing subsidized with federal funds • HUD has specific guidelines for HUD funded housing • AMERICANS WITH DISABILITIES ACT (ADA) • Title II applies to housing operated by state or local governments and is similar to Section 504 • Title III applies to places that serve the general public, including rental offices; does not include housing itself

7. What is a disability? Similar definition under the three key laws: • A physical or mental disability that substantially limits one or more major life activities • Having the history of such an impairment • Being perceived as having such impairment This definition is not universal, and it will vary for various programs, services, or activities and their guidelines.

8. SEEING HEARING WALKING BREATHING PERFORMING MANUAL TASKS CARING FOR ONE’S SELF LEARNING SPEAKING WORKING Examples of Major Life Activities

9. The Fair Housing Act This is a federal law that prohibits housing discrimination against a person, such as a prospective tenant or homebuyer on the basis of: • Race or Color • Ethnicity or National Origin • Family Status or Pregnancy • Gender • Disability (mental or physical) • Religion

10. Who is Protected under the Act, as it relates to Disability? • A buyer or a renter with a disability • A person with a disability who is going to live in a unit after it is sold or rented • A person who is associated with a person with a disability

11. What Housing Is Covered? Although the Fair Housing Act covers most types of housing, the following are exempt: • Owner-occupied houses with no more than four units • Single-family housing sold or rented without the use of a broker • Certain housing operated by organizations and private clubs that limit occupancy to members.

12. Key Provisions of the Fair Housing Act relating to Disability Discrimination • No illegal inquiries • Equality of treatment • Reasonable accommodations • Reasonable modifications • Requirement that housing be designed and constructed to offer minimal accessibility

13. Illegal Inquiries The Fair Housing Act has specific provisions about when you can ask about disability. Inquiries are permitted in the following cases: • When disability is a requirement for eligibility • 202/811 housing • HOPWA • When disability is necessary for a preference • Accessible units • Reasonable accommodation or modification

14. It is okay to ask… • Whether an applicant has been convicted of illegally manufacturing or distributing a controlled substance • Whether an applicant is a current abuser or addict of a controlled substance • Other general questions about whether or not the applicant meets the requirements for tenancy

15. Equality of Treatment • People with disabilities cannot be treated adversely simply because they are disabled • Differences in treatment must be justified by one or more legitimate, non-discriminatory reasons NOTE: Housing does not have to be made available to a person whose tenancy poses a direct threat to the health or safety of others, or whose tenancy would result in substantial physical damage to the property of others.

16. Equality of Treatment: Prohibited Acts • You can not be discriminated against because of your disability. • You can not be refused housing (rental or sales) because of your disability. • You can not be treated differently or charged more because of your disability. • You can not have your housing choices limited to certain buildings or floors because of your disability. • You can not be required to have wage income to qualify for housing.

17. Reasonable Accommodations • Federally Funded Property: under disability laws, reasonable accommodations must be made at the expense of the landlord or housing provider • Privately Funded Property: for landlords of private property, the tenant is responsible for the reasonable accommodations – landlords of privately funded property have only to allow reasonable accommodations

18. Reasonable Accommodations Disability laws state the following in reference to reasonable accommodations: • Fair Housing Act: Changes in disability rules, policies, practices, or services that are necessary for a person with a disability to have an equal opportunity to “use and enjoy” housing • Section 504: (applies to federally funded property) Changes to rules or policies AND structural changes that are necessary for a person with a disability to “use and enjoy” housing

19. When does this requirement apply? The reasonable accommodation requirement applies when: • A person has a disability as defined by the law • The housing provider knows, or should know, the nature of the disability • An accommodation is needed for the person to benefit from the housing • The housing provider knows, or should know, of the need for the accommodation • There is a relationship between the request and the disability NOTE: DEPENDS ON A NUMBER OF FACTORS & MUST BE DECIDED ON A CASE-BY-CASE BASIS.

20. When do accommodations have to be made? • The requested accommodations must be made if they are reasonable • The requested accommodations must be acted upon within a reasonable time, because delay may amount to a denial of the accommodation

21. What is the process for requesting reasonable accommodations? There is no required process for making a reasonable accommodation request: • Accommodation requests may be made verbally or in writing • An accommodation request doesn’t have to be called a “request for reasonable accommodation” • There is an obligation to make an accommodation even when one is not actually requested if the need is apparent

22. Tips for Making Requests for Accommodations (Tenant) • Make reasonable accommodation requests in writing • Keep a copy of your written request • Make it clear what is being requested, and that the request is because of a disability • Provide your contact information

23. Tips for Responding to Accommodation Requests (Landlord) • Listen to the request • Consider a requested accommodation first, not some other idea about how to accommodate • Don’t ignore requests for accommodations • If the requested accommodation is, in your view, unreasonable, engage in a dialogue (discuss “reasonable” alternative solutions) • Be very careful about asking for too much information about the person’s disability • If you have serious concerns about whether the person is disabled, or whether the accommodation must be made in order to accommodate a real disability, engage in a dialogue

24. Examples of Reasonable Accommodations • Allow service animals (without charging “pet” fees) • Provide adequate handicapped parking • Allow changes in procedures for paying rent

25. UnreasonableAccommodation Requests A request for a reasonable accommodation may be rejected if it is unreasonable: • The test under both the Fair Housing Act and Section 504 is whether the accommodation would pose an undue financial and administrative hardship OR • The accommodation would fundamentally alter the nature of the program

26. Reasonable Modifications • The Fair Housing Act’s reasonable modification requirement applies to structural changes in housing that is not federally funded. • Housing with federal funds involved is covered by Section 504’s reasonable accommodation requirements. Housing providers covered by Section 504 must make structural changes at their own expense.

27. Under what circumstances are reasonable modifications made? Properties that are not federally subsidized: • Made to “Existing premises” • Reasonable modifications for disabled resident to have “full enjoyment” • Must be paid for by the resident • Landlord must permit them if reasonable • No additional security deposit required

28. Modification of Rental Units • Landlord may require assurances that work will be done “in a workmanlike manner” and that required building permits will be obtained • Landlord may reasonably require renter to restore the interior of the unit, except for reasonable wear and tear • Landlord may require a payment into an escrow account (over a period of time) for restoration of unit • Tenant gets the interest on the account

29. Examples of Reasonable Modifications • Entrance ramp • Grab bars in bathroom • Relocation of switches and controls • Widening doorways • Installation of lever doorknobs • Accessible mailboxes or trash receptacle • Doorbell light signal for hearing impaired

30. Constructing Accessible Housing The Fair Housing Act and Section 504 have different requirements: • Section 504 requires the programs and activities of a federally funded property to be accessible, when viewed in their entirety. • Section 504 requires at least 5% (mobility) and 2% (vision/hearing) of the units be accessible, at a minimum, on a project by project basis • The standard for access is the Uniform Federal Accessibility Standards (UFAS)

31. What is Accessibility? • Making buildings and facilities that can be entered and used by All people • Accessibility prevents discrimination against people with disabilities, but the end result is a living environment more useable by everyone

32. 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

33. Constructing Accessible Housing • The Fair Housing Act applies to sales or rental of multifamily housing designed, occupied by and constructed after March 13, 1991 • It requires minimal accessibility • It applies only to covered multifamily dwellings - Buildings with four or more units: • All ground floor units in buildings without elevators • All units in buildings with elevators

34. The Seven Fair Housing Act Design and Construction Requirements • Accessible building entrance on an accessible route • Accessible public and common-use areas • Doors and hallways must be wide enough for wheelchairs • Accessible routes into and through the dwelling unit • Accessible light switches, electrical outlets, thermostats, and other environmental controls • Reinforced bathrooms walls to allow for the installation of grab bars • Kitchens and bathrooms that are useable by persons in wheelchairs

35. The Seven Fair Housing Act Design and Construction Requirements Please note: • The Fair Housing Act design and construction requirements apply to newly constructed properties that are federally funded in addition to Section 504. • HOPE VI, HOME, and other housing constructed with federal funds have to comply with both the Fair Housing Act and Section 504

36. Key Features of Section 504 forPublic and Subsidized Housing • For new construction and renovation of rental and sales property that is federally funded, HUD requires: • At least 5% of units for persons with mobility impairments • At least 2% of units for persons with vision and hearing impairments • Providing reasonable accommodations • Policies • Structures

37. Key Features of the Americans with Disabilities Act (ADA) • Title II • Applies to properties operated by state and local governments • Applies to properties constructed after February 26, 1992 • Title III • Applies to areas that serve the general public • Requires structural access for buildings built after February 26, 1993 • Requires removal of architectural barriers in pre-1993 buildings if feasible • Requires reasonable accommodation

38. For More Information on your Fair Housing Rights • NJCA www.njcitizenaction.org • HUD www.hud.gov • NJ Division of Consumer Affairs www.state.nj.us/lps/ca/ • NJ Division on Civil Rights www.state.nj.us/lps/dcr/ • Legal Services of NJ www.lsnj.org