Monica Challenger Education and Outreach Coordinator

1. Fair Housing Cedar Rapids Civil Rights Commission Monica Challenger Education and Outreach Coordinator

2. Responsibilities of the Cedar Rapids Civil Rights Commission • Enforce Cedar Rapids Municipal Code 69 Note: Cedar Rapids Municipal Code is substantially equivalent to the Federal Fair Housing Act -Title VIII of the Civil Rights Act of 1968 • Investigate cases of alleged discrimination • Provide educational outreach and training to providers and the general public

3. Jurisdiction The incident must have occurred: • In the City of Cedar Rapids or in the City of Marion • Within the past year for Housing • Within the past 300 days for Employment, Education, Public Accommodation, or Credit

4. Important Things to Know About:The Cedar Rapids Civil Rights Commission • We are a neutral, fact-finding agency • Our services are free of charge • Complainants and Respondents may hire an attorney; however, it is not required

5. Areas of Protection • Housing • Employment • Public Accommodation • Education • Credit

6. Defining Fair Housing • All persons have the right to apply and be considered for housing for which they are qualified in the location of their choosing • Applies to all housing transactions: rentals, sales, leases, sub-leases, advertising, loans, appraisals, insurance and zoning 69.19(b)

7. Protected Classes • Age (18 and older) • Color • Creed • Familial Status • Gender Identity • Marital Status • Mental Disability • National Origin • Physical Disability • Race • Religion • Sex • Sexual Orientation • Association with a person of a protected class • Intimidation/Retaliation Intimidation/Retaliation on a person who filed a complaint or who opposed a discriminatory practice.

8. The Ordinance • Alter the terms or conditions of a sale or rental • Make, print, or publish any notice, statement, or advertisement that indicates any preference or limitation of prospective buyers or renters • Represent to someone that any dwelling is not available when it actually is If based on someone’s protected class or association with a person of a protected class, it is unlawful to:

9. The Ordinance continued… • Steer individuals toward or away from specific properties or neighborhoods • Refuse reasonable accommodations for persons with disabilities • Fail to comply with accessibility requirements for new covered multifamily dwellings If based on someone’s protected class or association with a person of a protected class it is unlawful to:

10. Activities That Might Indicate Possible Discrimination When Selling Or Renting • Refusing to negotiate • Stating a unit is NOT available when it is in fact available • Refusing to sell or rent • Imposing different prices or terms • Using different qualification procedural criteria • Retaliation

11. Who must Comply? Owner of rights to 4 or more housing units or a person acting for an owner of rights to housing with or without compensation, including but not limited to: • Persons licensed as real estate brokers, salespersons, HOA’s, attorneys, auctioneers, architects, builders, developers, agents or representatives by power of attorney or appointment or any person acting under court order, deed of trust, or will

12. Familial Status The presence of children under age 18, pregnant women, or persons seeking or sharing custody of children Example: Segregating families on one floor or in one building To Comply: Avoid Steering

13. National Origin Discrimination based either upon the country of an individual's birth or where his or her ancestors originated. Example: Asking some applicants for proof of their legal status in this country To Comply: If you ask some applicants for proof of their legal status in this country, you must ask all applicants for the same proof of their legal status to be in this country

14. Gender Identity A person’s actual or perceived gender related to identity, appearance, expression, behavior, or other attributes, regardless of the person’s assigned sex at birth. • Such as external characteristics and behaviors that are socially defined as either masculine or feminine: dress, mannerisms, speech patterns and social interactions.

15. Disability One of the following sets of criteria must be met to qualify as 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

16. Reasonable Accommodations Changes in rules, policies, practices and services which are necessary to permit a person with a disability to use and enjoy the unit How to handle an accommodation request: The tenant must request the accommodation. The request can be given orally or in writing. The request must be reasonable (How does the accommodation help the disability?) The request must not impose an undue financial or administrative burden 69.19 b6C2

17. Examples of Reasonable Accommodations • Provide adequate handicap accessible parking • Allow changes in rules for paying rent • Permit more “clutter” and/or allow more time to comply with notice to clean • Allowing a service or emotional assistance or companion animal even with a “No Pets” policy

18. Accessibility • Accessibility makes it possible for a building to be entered and used by all people. • Accessibility provides access to persons with or without disabilities.

19. Pet vs. Service & Emotional Support Animals Pet Animals living with owner for the purposes of love, affection, and/or company • Service & Emotional Support Animals • Service • Perform tasks for the benefit of an individual with a disability • Emotional Support • Provide a therapeutic benefit to a person with a disability. Alleviates the symptoms of the disease

20. Service and Companion/Emotional Assistance Animals Are Not Pets! Service and Companion/Emotional Assistance Animals are not subject to “pet rules”. For example, they are NOT subject to: • No pets policy • Payment of a pet deposit • Pet rent/fees • Limitations on the number of animals in a unit • Prohibitions on animals based on size, breed, or weight.

21. Accommodation Request Response Interactive Process • Engage in an interactive process to determine the needs and whether or not the accommodation can be made • Respond as promptly as possible to the request An extended amount of time can be seen as a refusal

22. Reasonable ModificationsStructural Changes Modifications of existing premises, at the expense of the person with a disability, necessary to afford such person full enjoyment of the premises. • The housing provider may ask for assurances that the work will be done properly and according to code • The housing provider may require the change be undone for the next tenant or require a separate deposit to cover the cost of the restoration 69.19 b6C1

23. Examples of Reasonable Modifications Newly constructed dwellings should already be compliant with accessibility standards. • Install entrance ramp(s) • Install grab bars in bathroom • Widen doors • Install lever doorknobs • Use accessible trash receptacles

24. Examples of Reasonable Modifications • Install a doorbell light signal for the hearing impaired • Relocate switches and controls • Remove cabinets under sinks • Make adjustments to stoves and microwave ovens

25. How to Response To An Modification or Accommodation Request • Asking “What is the disability?” is not acceptable • If the disability is not obvious, a landlord may ask for information about the disability that is: • Necessary to verify the person is a person with a disability • Describes the needed accommodation • i.e. Service/companion animal • Shows the relationship between requested accommodation and the disability • i.e. Alleviates the symptoms of the disease, provides emotional support, etc.

26. Responsibilities of Potential Renter or Buyer • Purchasersmust qualify for property: • Selection procedures must be legal, non-discriminatory, and consistently applied to ALL applicants 69.19 c

27. Advertising • Includes newspaper ads, bulletin boards, shoppers, newsletters, websites, brochures, word of mouth, etc. • Both the publisher and the advertiser can be held liable for discriminatory housing advertising • The key is to describe the attributes of the property, not of the prospects you think would like it

28. Advertising • Housing advertisements should state no discriminatory preference or limitation on account of any of the protected classes • If living space is shared, it is acceptable to advertise for roommates of a particular gender • Advertisements containing descriptions of accessibility features are lawful (i.e. wheelchair ramp) • Ensure that any pictures included reflect the diversity of the community

29. Legal Remedies • File a complaint with Cedar Rapids Civil Rights Commission (1 year) • File a complaint with HUD (1 year) • File a civil lawsuit (2 years)

30. Self-Assessment • Do you have a written Fair Housing policy? • Do you publicize your commitment to Fair Housing in your office, in your advertising, and to sellers and buyers? • Is Fair Housing training required? • Have you developed procedures for all of your employees to have Fair Housing training?

31. Self-Assessment • Do you review your compliance with your procedures on a regular basis? • Do you have a corrective action policy? • Do you regularly review and modify your procedures to respond to changes in the law or new Fair Housing issues and to correct deficiencies in your office? • Do you have a mechanism for feedback from prospects?

32. Fair Housing Best Practices • Treat all current/prospective buyers equally • Be mindful of advertisements • Show all housing units that fit a client’s criteria and qualifications • Report violations of fair housing laws • Contact the Cedar Rapids Civil Rights Commission with questions • Seek legal counsel to review your policies and practices

33. Fair Housing Quiz Q: Familial status discrimination means discrimination against unmarried people A: NO. Familial status discrimination means discrimination against families with children in the household

34. Fair Housing Quiz Q: Residents who use a wheelchair can be charged a higher security deposit due to greater wear and tear on the apartment A: NO. Setting different terms for renting(such as a higher security deposit) on a particular person or group based on their being a member of a protected class

35. Fair Housing Quiz Q: Where there is a clear “no pets” policy, a landlord must allow a tenant with a disability to have a service OR companion/emotional assistance animal. A: YES.Legally, a service animal is not a pet. You are required to modify your “no pets” policy to allow the use of a service or companion/emotional assistance animal by an individual with a disability. A “no pets” policy may be continued, but you must make an exception to your general rule for service animals.

36. Fair Housing Quiz Q: A maintenance person’s repeated sexual advance towards a tenant is considered sexual harassment under fair housing laws. A: NO. If it is unwelcome. Sexual harassment in housing is gender discrimination under fair housing laws which protect women & men from coercion, threats, or intimidation when interfering with their housing rights.

37. Fair Housing Quiz Q: If an applicant shares that she has a disability, the landlord should request a copy of her medical records so he can determine what special needs the applicant may have. A: NO. A tenant must first specifically request reasonable accommodations or modifications for a landlord to take any particular action regarding a tenant’s disability—such as requesting medical documentation.

38. Fair Housing Quiz Q: Boys and girls are required by law to have separate bedrooms. A: NO. Mandating that boys and girls have separate bedrooms is a violation of the fair housing laws. The decision over sleeping arrangements in a household is left to that family, not the housing provider.

39. Fair Housing Quiz Q: Landlords may restrict residents with children to ground floor units for safety purposes and to decrease noise levels. A: NO. Such policies limit the housing choices for families with children (which are not limiting for people without children) and violate the fair housing laws.

40. Fair Housing Quiz Q: Property managers must comply with an owner’s stipulation to not rent to African Americans because it is part of their job. A: NO. To comply with this type of discriminatory policy, excluding people of a particular group, is a violation of the fair housing laws. Both the property manager and the owner could be held liable for practicing under those policies.

41. Fair Housing Quiz Q: Where a criminal background check reveals that a Hispanic applicant has a lengthy criminal history, a landlord must approve the application nonetheless, because rejecting the application would constitute racial discrimination. A: NO. A housing provider may reject an applicant based on a criminal history despite their being a member of a protected class (Hispanic)—as long as the decision is based on the criminal history and NOT the applicant’s race.

42. Fair Housing Quiz Q: An apartment building owner has the right to reject an applicant because of poor housekeeping habits. A: YES. As long as this standard is required of all applicants regardless of any protected class status.

43. Fair Housing Quiz Q: Not allowing the construction of a wheelchair ramp on the apartment building owner's property is permissible, even if the tenant agrees to remove it at his/her own expense upon leaving. A: NO. A landlord must allow disabled individuals to modify existing premises if such modifications are necessary for the tenant for the enjoyment of the amenities of the property.

44. Fair Housing Quiz Q: Under federal law, indicating a preference based on religion in advertising an available apartment is perfectly legal. A: NO. It is illegal to show any preference to any religion (or other protected class) in any advertisement. It is better to advertise the characteristics of the property rather than characteristics of people.

45. Fair Housing Quiz Q: An apartment building owner may legally reject an applicant with a history of mental illness, even though the applicant is not a danger to others. A: NO. It is discriminatory for a landlord to selectively or more harshly enforce rules because of a tenant's disability. A housing provider cannot deny a housing opportunity because of characteristics or behavior related solely to the person's disability.

46. Fair Housing Quiz Q: It is legal to require a pet deposit or monthly fee from a person with a service or emotional assistance animal. A: NO. You may NOT charge an additional fee related to the use of service or companion/emotional assistance animal. A landlord may charge the renter with disabilities if the animal cause damage so long as it is the regular practice to charge non-disabled customers for the same types of damages.

47. Fair Housing Quiz Q: It is legal to require a pet deposit or monthly fee from a person with a service or emotional assistance animal. A: NO. You may NOT charge an additional fee related to the use of service or companion/emotional assistance animal. A landlord may charge the renter with disabilities if the animal cause damage so long as it is the regular practice to charge non-disabled customers for the same types of damages.

48. QUESTIONS? PLEASE CONTACTTHE CEDAR RAPIDS CIVIL RIGHTS COMMISSION Cedar Rapids Civil Rights Commission 425 2nd Street SE, Suite 960 Cedar Rapids, IA 52401 (319) 286-5036 www.cedar-rapids.org/civil-rights