Fair Housing Laws and the Transitional Housing Program (THP) - PLUS

1. Fair Housing Lawsand the Transitional Housing Program (THP) - PLUS a training for housing providers

2. (THP) - PLUS Providers Must Comply with Both California Landlord-Tenant Laws and State and Federal Fair Housing Laws California law is more strict than federal, providing greater protection

3. California’s Fair Employment and Housing Act (FEHA) • Prohibits discrimination on the basis of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability of that person • Prohibits asking potential tenants about any of the above characteristics

4. Disability Defined (in California) • A mental or physical impairment that limits a major life activity • Major Life Activity includes: mental, physical and social activities, as well as working • Makes that particular activity difficult • Includes having a history of disability or being regarded as having a disability • Examples: depression, alcoholism, schizophrenia, blindness

5. Disability is Not: • Current Drug Addiction • Pyromania • Kleptomania • Sexual behavior disorder • Compulsive gambling

6. Disability Current alcoholism Past alcoholism Past drug addiction Not a Disability Current, illegal drug use Tricky but Important Distinction

7. race, color, religion, sex, national origin, family status and sexual orientation Mental and Physical Disability Discrimination & Disability vs. Must treat everyone the same, UNLESS that would effectively bar access Must treat everyone the same; no special treatment

8. Kinds of Discrimination • Intentional • “I don’t rent to people in wheelchairs” and “We don’t want any weirdos here” • Disparate Impact • a policy or practice that effectively makes an opportunity less accessible for people with disabilities • Examples: no pets allowed, must come into office to apply

9. Other Forms of Discrimination • Failure to grant reasonable accommodations • Failure to meet physical and programmatic accessibility standards • Failure to allow reasonable modifications

10. Reasonable Accommodation • A change in rules, policies, or procedures to help an individual with a disability access housing or housing-related services • Make written documents available in large print • Exception to no pets rule to allow service animals • Waive “no bad credit” admission policy if credit problem is due to disability

11. Reasonable Accommodation, cont. • Must be necessary to allow a person with a disability an equal opportunity for housing • Complying with the request must not pose an undue administrative or financial burden, or fundamentally alter the nature of the program • Request should be initiated by person with disability • No limit to the number of requests made • May request verification of disability and need for accommodation – no details

12. Direct Threat Exception • actual abuse or an actual threat of sufficient severity and probability that injury will actually occur • provoking fear in others/making others uncomfortable, not grounds to deny housing • provider must attempt a reasonable accommodation, unless he can show that no reasonable accommodation could have eliminated the threat

13. Confidentiality and Nosy Neighbors • All information regarding disability from a tenant should be kept confidential • Tenants may authorize the release of information, preferably written • Acceptable responses to inquiries from other residents/guests re: one person’s “special rules” • “Certain laws require us to do this.” • “Any resident needing an accommodation is welcome to request one, but everyone’s situation is confidential.” • DO NOT DISCUSS anyone’s disability

14. Reasonable Modification • A physical change to the structure to afford a person with a disability the housing opportunity • In a personal area, tenant pays • Installing grab bars in shower • In a common area, provider pays • Putting Braille numbers on the elevator

15. Questioning Applicants – Principal Concepts • Can’t assume anything about a person’s ability to be a good tenant or guest based on disability • Can’t make any assumptions regarding disability • May inquire about tenancy-related matters

16. Questioning Applicants – Permissible Questions • Have you ever been evicted? • Will you pay your rent on time? • What is your source/proof of income? • What is your criminal history? • Will you respect the rights of neighbors?

17. Questioning Applicants – Prohibited Questions • Have you ever been hospitalized? • Do you take medications? • Do you drink? • Do you have any disabilities? • Are you capable of living alone?

18. Confidentiality In the Application Process • Questions regarding disability for the purpose of providing supportive services should be asked separately from questions about housing.

19. Physical Program Accessibility • Programs and activities, viewed in their entirety, must be accessible to people with disabilities • Unless it would impose an undue financial burden or fundamentally change the nature of the program • Tips for accessibility • Portable ramps, grab bars in showers • Move activities into more accessible portion of building

20. Physical Accessibility Resources • www.hud.gov/offices/fheo/disabilities/accessibilityR.cfm • www.fairhousingfirst.org

21. Supportive Services Requirement • Requiring certain services for certain individuals is discriminatory • General requirements of unspecified supportive services are acceptable

22. Employment Requirements • Disparate impact on people with disabilities • Possible reasonable accommodations: applying for SSI, searching for subsidized permanent housing

23. Required Chores • If a person states he can not do a certain chore due to his disability, find an alternate chore • If disability is such that no chore can be accomplished, chore requirement should be waived • A person should not be denied housing because disability prevents him from doing a chore

24. Evictions in California • State law prohibits “self-help” by landlord – may not just throw transitional resident out • Must use the formal unlawful detainer process or • The Transitional Housing Participant Misconduct Act

25. Unlawful Detainer Process • Notice a) 3-day notice – nonpayment of rent, lease violation, substantially interfered with other tenants, or materially damaged rental property b) 30- and 60- day notice – no-fault eviction • File Unlawful Detainer in Court a) length of time varies, usually about a month if not contested

26. Transitional Housing Participant Misconduct Act (THPMA) • Enacted in 1991 to prevent recurrence of substantial disruption or violence in transitional housing programs • May be used as an alternative to U/D process • May only be used against “Participants”

27. A “PARTICIPANT” Must Have • Been homeless prior to living in the program • Signed contract with the program as a condition to getting housing, which included • the housing program’s rules, and • a copy of the Restatement of the Procedures and Rights created by the THMA (TH-210).

28. A Person is “Homeless” if: • She previously lacked a regular and adequate nighttime residence or the most recent nighttime residence was • A supervised shelter, or • An institution providing temporary housing for individuals intended to be institutionalized, or • A place not designed or ordinarily used as sleeping accommodations for humans

29. Temporary Restraining Order • Orders resident to stop abuse/misconduct • Must show great or irreparable harm would result if TRO were not granted before a hearing • Participant must have been in the program fewer than 6 months to initiate TRO • TRO lasts 5 days or until hearing

30. THMA As Eviction Substitute • Participant may be ordered out if she violates TRO or Injunction (need court order) • In limited circumstances, may get TRO or permanent order for participant to move out

31. Initial Orders To Move Out Immediately/Stay 200 Feet Away • Must convince judge by clear and convincing evidence that participant engaged in abuse of program employee, another participant, or a person who lives within 100 feet of the program, and that great or irreparable injury will result if the order is not granted • As a TRO, only available in an emergency to protect one of the above from imminent serious bodily injury

32. Permanent Orders/Injunctions • After a hearing • Lasts up to one year

33. Misconduct Must Be: • Intentional breaking of program rules • which substantially interferes with the program operator’s ability to run the housing program AND • relates to specific forms of conduct

34. Misconduct Sale/use of drugs Theft, arson, destruction of another’s property Threats and actual violence and harassment Drunkenness* Abuse Attempts, threats and actual attacks, strikes or sexual assaults Misconduct and Abuse

35. Contact: Carey Stone Staff Attorney Mental Health Advocacy Services, Inc. 3255 Wilshire Blvd., Ste. 902 Los Angeles, California 90010 (213) 389 – 2077 ext. 15 www.mhas-la.org