Fair Housing Rights and Regulations Conference to End Homelessness May 10, 2017 Tacoma, WA

1. Fair Housing Rights and Regulations Conference to End Homelessness May 10, 2017 Tacoma, WA

2. Rubai Aurora, Program Manager FHCW Shannon Bedard, Fair Housing Specialist NWFHA

3. Role of FHCW and NWFHA • Inquiries & Referrals • Education and Outreach • Testing • Reasonable Accommodations/Modifications • Reports & Studies • Complaint Intake, Investigation, Negotiation, • Litigation

4. The Fair Housing Act Makes it illegal to discriminate in the provision of housing based on: 1968 • Race • Color • Religion • National Origin 1974 • Sex 1988 • Familial Status • Handicap (Disability)

5. Washington State • Marital Status • Sexual Orientation • Gender Identity • Military/Veteran Status City/County Based: • Age (Seattle, Tacoma, Uninc. King County) • Ancestry (Tacoma) • Use of Service or Assistive Animal (Uninc. King County) • Political Ideology (Seattle) • Section 8 (Seattle, Redmond, Bellevue, Kirkland, Uninc. King County, Vancouver)

6. What is a Dwelling? • Retirement Communities • Summer Homes • Nursing Homes • College Dormitories • Boarding Houses • Residence Hotels • Group Homes • Homeless Shelters • Houses • Apartments • Mobile Home Parks • Condominiums • Cooperative • Time-share Properties • Vacant Land To Be Developed For Residential Use

7. Other Housing Related Entities • Homeowners Association (HOA) • Cooperatives • Real Estate Agencies/Mortgage Lending Institutions • Public Housing Authorities • Housing Providers Receiving Tax Credits • HUD Subsidized/ Federal Funds

8. Who’s Responsible? • Real Estate Agents And Brokers • Property Owners • Property Managers • Maintenance • Housing Developers And Contractors • Mortgage Lenders • Insurance Providers • Advertising Sources • Neighbors • Jurisdictions

9. Discriminatory Housing Practices “otherwise make unavailable” • Refuse to sell, rent or negotiate • Different terms, conditions, or privileges • Advertise a preference, limitation or discrimination • Misrepresent availability • Interference, coercion or intimidation • Redlining • Steering

10. Rules and Enforcement (Familial Status) • Resident conduct rules should apply to everyone • Teens do not always need to be supervised • Damage is damage • Allow common area use for all • No kid-only curfews • Follow existing health and safety laws or existing industry standards when setting age limits for use of amenities (e.g., pools, fitness equipment, hot tubs)

11. Disability

12. “Physical or mental impairment” includes, but is not limited to: • Orthopedic, Visual, Speech and Hearing Impairments • Cerebral Palsy • Autism • Epilepsy • Muscular Dystrophy • Multiple Sclerosis • Cancer • Post Traumatic Stress Disorder • Heart Diseases • Diabetes • HIV infection • Intellectual or developmental disability • Emotional Illness • Drug Addiction (other than addiction caused by current, illegal use of a controlled substance) • and Alcoholism.

13. ADA Physical Accessibility • Accessible new construction (Owner’s expense) • For covered multi-family dwellings constructed after March 1991. • Accessible building entrance on an accessible route • Accessible route into and through dwelling • Public and common areas readily accessible to and useable by persons with disabilities • Doors wide enough for wheelchair passage • Accessible light switches and thermostats • Reinforcement in bathrooms for grab bars • Useable kitchens and bathrooms for wheelchair users For Information on access design visit: www.fairhousingfirst.org

14. Reasonable Accommodation/ Modification Process • Applicant or resident must make a request • Accommodation requests may be verbal or in writing • Consider all accommodation requests • Engage in an interactive process • Provide accommodations promptly

15. Reasonable Accommodation Examples • Waiving No Pet Policy and/or pet fees • Explaining what is in the lease agreement and what the rules of the complex are • Providing a reserved parking stall • Transferring from upstairs unit to ground floor • Early release from lease • Providing tenant written information vs. verbal • Meeting in an accessible location

16. Examples of Reasonable Modifications • Allowing a ramp to be built • Grab bars in bathroom • Widening doorways • Removing base cabinets

17. WHAT IF A DISABILITY IS NOT OBVIOUS? • Verification that the person meets the Act’s definition of disability • by the individual (SSI or SSDI) • a doctor or other medical professional, • a peer support group, • a non-medical agency, • or a reliable third party who is in a position to know about the individual’s disability.

18. Assistance Animals Any animal individually trained to do work or perform tasks for the benefit of an individual with a disability Certification not necessary Tenant may provide the training “Companion/therapy/emotional support animals” included

19. Assistance Animals Continued… • You may ask for verification that tenant has a disability related need for the Service Animal • You may ask for verification from a qualified professional of this need • There must be a nexus between the disability and the service provided by the animal • Licensed medical or mental health practitioner

20. FHA Sex added in 1974 • Sexual harassment is a form of discrimination • DV falls under sex with a disparate impact theory: A facially neutral housing policy, procedure or practice which disproportionately affects a protected class.

21. Sex Discrimination in Housing • Sex being male, female, both or neither • Sex stereotyping • DV (disparate impact theory) • Sexual Harassment-QPQ or Hostile Environ. • 2010-15 FH Act Sex discrimination expanded to include protections for Gender identity, Transgender, and Gender Non- Conforming persons

22. Sex & Sex stereotyping • “I prefer to rent to bachelors” • “We’ll allow two female roommates but not two males.” • “I’m sorry, I can’t rent to you—this place needs a man to keep up the yard”

23. DV & IPVDisparate Impact Theory • The theory is that, even when consistently applied, WOMEN may be disproportionately affected by these policies because, as the overwhelming majority of DV violence victims, women are often evicted (or denied housing) as a result of the violence of their abusers.

24. DV & IPV Examples: • Refusing to rent to a woman because she is a victim of DV is discriminatory. • Evicting a female tenant because she is the victim of domestic violence is discriminatory. • Typically, a policy will trigger the allegation of discrimination. “Zero violence leases” “No tenants w/ DV history” “Nuisance Ordinances”

25. DV & Disparate Treatment • Treating differently and/or less favorably because of being DV victim such as: • Limiting visitors, • Applying different terms & conditions of a lease, etc. • Charging a higher security deposit

26. Other Protections • VAWA protection for IP victims in federally funded housing (also covers males) • State laws vary. WA Landlord Tenant Law has extra protections such as allowing a victim to change locks, transfer units, or break a lease without penalty • Verification can include, protection order, police report, YWCA letter, doctor’s note • Male children under 18 should be accepted in to shelters

27. Quid Pro Quo • this for that • Elements: • * Subjected to demand for sexual favor • * Experienced the demand because of sex • * Housing benefits conditioned on performance

28. Hostile Environment • Elements: • * Subjected to verbal or physical conduct of sexual nature • * Subjected to because of sex • * Conduct unwelcome and • * Sufficiently severe and pervasive

29. Gingerbread Person • Gender Identity • Transgender • Gender Non Conforming

30. Housing persons who are Trans & GNC • Consider eligibility regardless of gender identity, sexual orientation, etc. • Do not ask about anatomy or medical procedures • Do not consider ID as “evidence” of gender identity

31. Thank you! For more information: • HUD Exchange---search resources for • Sexual harassment • Gender Identity • Equal Access Rule