Fair Housing For Consumers

1. Fair Housing For Consumers [Presenter’s Name] Human Relations Specialist N.C. Human Relations Commission www.doa.nc.gov/hrc

2. Agenda • Agency overview and mission • Definition of housing discrimination • Protected & non-protected classes • Laws prohibiting discrimination • Examples of discriminatory housing practices • How are complaints processed? • Possible remedies • Responsibilities and Rights • Landlord • Tenant

3. Mission of the Human Relations Commission To provide services and programs aimed at improving relationships among all citizens of the state, while seeking to ensure equal opportunities in the areas of employment, housing, public accommodations, recreation, education, justice and governmental services

4. General functions of the Human Relations Commission • Enforce the NC Fair Housing Act through the investigation of housing discrimination complaints • Provide referrals for public accommodation and employment issues • Conduct outreach to public and private entities about fair housing, civil rights laws and human relations issues

5. General functions of the Human Relations Commission • Push for stronger policies and laws against discrimination • Offer resources for the resolution of community conflicts and to victims of hate crimes

6. Definition of housing discrimination: The act of treating someone differently in a housing transaction on account of race, color, sex, religion, national origin, families with children and handicap.

7. Current laws prohibiting fair housing discrimination

8. Title VIII – Federal Fair Housing Act Prohibits discrimination in a real estate transaction based on race, color, sex, religion, national origin, familial status or handicap State Fair Housing Act - Chapter 41A Prohibits discrimination in a real estate transaction based on race, color, sex, religion, national origin, familial status or handicap G.S. 93a – Real Estate Licensing Law Any conduct by a broker or salesman which violates the State Fair Housing Act constitutes a violation of the Real Estate License Law.

9. Housing covered by law: • Houses for sale or rent • Apartments for sale or rent • Mobile homes for sale or rent • Beach rentals • Time-shares • Vacant lots (residential use only)

10. Land use • Land use planners, such as zoning boards, cannot discriminate based on the seven protected classes, or, with some exceptions, because a development or plan may contain affordable housing • State Fair Housing Act, N.C. General Statute § 41A-4(g)

11. Protected Classes Race Color Religion Sex National origin Handicap Family with children (Familial Status) Non-protected Classes Marital status Students Sexual orientation Income Age Protected and non-protected clases

12. Familial Status 1988 Amendments prohibit discrimination against: • families with children under age 18 • pregnant women • the designee of the parent or other person having custody, provided the designee has the written permission of the parent or other person

13. Examples of violations • Refusing to rent to families with children or to families based on the number of children they have • Segregating families with children to a certain part of the complex, building, or floor • Having unreasonable safety rules and policies targeted towards children • Charging different security deposits for families with children

14. Definition of Handicap With respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or a person being regarded as having such an impairment. *Federal Register, Vol. 54, No. 13, Monday , January 23, 1989, Rules and Regulations.

15. Major life activities include: • Self-care • Manual tasks • Walking • Breathing • Seeing • Hearing • Speaking • Learning • Working

16. Handicap Requirements • Multifamily housing built after March 13, 1991 must be accessible and comply with the FH Act’s Design and Construction requirements: • Accessible building entrance on an accessible route • Accessible and usable public and common use areas • Usable doors • Accessible route into and through the unit • Environmental controls are in accessible locations • Reinforced walls for grab bars • Usable kitchens and bathrooms

17. Handicap Requirements • Reasonable Accommodations A change in a rule, policy or practice, or in the way services are provided, to enable a disabled person to have equal opportunity to use and enjoy a dwelling (or common area) • Reasonable Modifications Physical changes to a dwelling, or common areas, that a landlord allows a disabled tenant to make to enable the tenant an equal opportunity to use and enjoy a dwelling or common area. (A tenant is responsible to pay for the modification unless the property is federally subsidized.) • Do not ask unlawfulquestions regarding a disability

18. Examples of reasonable accommodations • Moving a disabled tenant to a larger unit to accommodate live-in care • Moving a mobility impaired tenant to a ground floor unit • Assisting a mentally impaired person in filling out an application • Granting an exception to “no pets” policy to allow a service animal or companion animal

19. Examples of reasonable modifications • installation of a grab bar in a bathroom shower • construction of a handicap ramp at a point of entry • installation of a door signaler (to replace a traditional doorbell) for hearing impaired tenants

20. Residential real estate transactions include: • Rentals • Sales • Financing • Purchasing • Constructing • Improving • Repairing • Maintaining • Appraisals

21. Some examples of discriminatory housing practices: • Discriminatory advertising (or statements) • Falsely denying that housing is available • Screening applicants differently • Refusing to allow a person to apply for housing • Refusing to rent • Charging different rents or security deposits • Segregation within a complex • Refusing to make a real estate loan for residential property

22. Other examples of discriminatory housing practices: • Failing to grant reasonable accommodations • Failing to build accessible housing that complies with the FHA’s design & construction standards • Unwelcomed and uninvited sexual advances by a landlord towards a tenant • “quid pro quo” (e.g. a landlord evicts a tenant who rebuffs landlord’s unwelcomed advances or offers lower rent for sex)

23. Who can file a complaint? • Anyone who can show that they have been harmed or are about to be harmed by a discriminatory housing practice • Anyone for whom housing was made unavailable • Testers • Fair Housing organizations

24. How are complaints processed? • Complainants contact HUD or call the NC Human Relations Commission at (919) 807-4420 • Complainant is interviewed by intake specialist • A complaint is drafted • Complainant signs the complaint • Respondents are notified • Complaint is investigated • Conciliation efforts are attempted to resolve the complaint throughout the investigation • Determination issued by the Commission • Enforcement of finding and right to sue letter issued to complainant in a “no cause” finding; hearing before an administrative law judge in a “cause” finding or either party can elect to go to court

25. Representation In the event that the HRC makes a finding of “reasonable cause” to believe that a discriminatory housing practice has occurred, and the parties are unable to settle, the Commission will file suit on behalf of the complainant.  However, the HRC’s agency counsel will represent the interests of the HRC, not the complainant personally.  The Commission encourages all complainants to secure their own legal representation as the interests of the HRC are not always the same as those of a complainant   

26. Possible remedies • Complainant may get the housing he or she was trying to obtain. In evictions, complainant may get the opportunity to continue living in the house or apartment. • Complainant may get compensatory damages for expenses (storage fees, the cost of higher rent elsewhere) or damages for the humiliation or embarrassment of being discriminated against.

27. Possible remedies • Respondent may have to pay penalties and/or punitive damages, if they acted with malice or with particular disregard for complainant’s rights. • HRC may seek to have respondents change certain discriminatory policies or practices and request that respondents participate in fair housing training; the HRC will continue to monitor a respondent’s housing practices to ensure compliance with the fair housing act(s).

28. Does the law always apply? Yes, unless the property is …..

29. A building of four or less units, where the owner also lives • A room in a house where the owner or a member of his/her family lives • A building owned by a private club which gives members preference • A building owned by a religious, charitable, or educational institution giving preference to members – if the organization does not exclude members of a protected group • A single-sex dormitory

30. General Landlord responsibilities and rights (Not Fair Housing rights)

31. Landlord responsibilities As a landlord, your responsibilities are: • To comply with current applicable building and housing codes • To maintain a fit and habitable property that is in good and safe working order • Landlord should promptly repair all electrical plumbing, heating, ventilating, air conditioning and other facilities and appliances supplied/required to be supplied or are required by agreement or any law to supply after he has been notified by the tenant of any defect in writing. In emergencies, such notice does not have to be in writing • To perform any other duties required by a rental agreement

32. Landlord rights • To determine the amount of rent to charge • To rent to whomever you choose and you may set terms in your rental agreement you wish providing that they are not contrary to local, state and federal law. • To evict a tenant who violates any provision of your rental agreement. • To inspect and make repairs and to show the rental property at any reasonable time and in reasonable manner. • To have your property returned to you in the same condition as it was when the tenant took possession, with the exception of normal wear and tear .

33. General tenant responsibilities and rights (Not Fair Housing rights)

34. Tenant responsbilities As a tenant, you have an obligation to: • Pay rent under the rental agreement or assignment • Keep that part of the premises which you occupy and use as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas • Dispose of all ashes, rubbish, garbage and other waste in a clean and safe manner

35. Tenant responsibilities • Keep all plumbing fixtures in the dwelling unit as clean as their condition permits • Not deliberately or negligently destroy, deface, damage or remove any part of the premises or knowingly permit any person to do so • Comply with any and all obligations imposed upon a tenant by current applicable building and housing codes

36. Tenant responsibilities Be responsible for all damage, defacement or removal of any property inside a dwelling unit in your exclusive control unless said damage, defacement or removal was due to ordinary wear and tear.

37. Tenant rights As a tenant, you have the right to: • Make a good faith complaint or request for repairs to the landlord or his/her agent. • Make a good faith complaint to a governmental agency about a landlord’s alleged violation of any health or safety law or regulation. • Make a good faith attempt to organize, join or become otherwise involved with any organization promoting or enforcing tenant’s rights.

38. Review Let us review some commonly asked questions: 1. Does it cost anything to file a complaint? Answer: No. The Commission is a state agency and its services are free. 2. Does a person need a lawyer to file a complaint? Answer: No. The Commission does the investigation and no lawyer is necessary. Those who want to hire their own lawyer to help them may do so, but it is not necessary.

39. Review 3. What happens if the Commission finds that the respondent didn’t break any law? Can the respondent do anything to the complainant? Answer: No. It’s against the law for a respondent to retaliate against someone for filing a complaint. 4. What if someone doesn’t know if they were discriminated against or not? Should they still call the Commission? Answer: Yes, definitely. Sometimes discrimination is subtle and a person may not know for sure if there was discrimination unless the Commission does an investigation. When someone calls with a housing problem, our staff will talk with the caller first to see whether the problem is something the Commission feels it should look into. So there is no harm in calling if someone suspects discrimination. They may never know unless they call us.

40. Contact Information N.C. Human Relations Commission: 116 West Jones Street, 2nd floor Raleigh, NC 27603 1(866) 324-7474 toll free (919)807-4420 main www.doa.nc.gov/hrc

41. Any questions?