FAIR HOUSING IN VERMONT A review of the law

1. FAIR HOUSING IN VERMONTA review of the law Presented by: Kevin Stapleton Director, The Fair Housing Project

2. About The Fair Housing Project and What We Offer The FHP works to eradicate housing discrimination in Vermont through education, outreach, and enforcement of fair housing laws. • Information and education related to fair housing. • We help businesses, agencies and organizations understand their responsibilities in regards to fair housing. • We are not attorneys, nor do we provide legal advice. • No information provided here should be construed as legal advice.

3. Agenda • Introduction • Advertising • Discrimination in detail • Familial Status • Disability • Reasonable Accommodations and Modifications • Resources Please feel free to ask questions at any point during the presentation. We like to be interrupted!

4. What is Fair Housing? Fair Housing is a person’s right to choose where he or she lives and the right to rent or buy a dwelling free from discrimination. Fair Housing is the right to equal opportunity in housing.

5. The 12 Protected Classes:Federal Protections • Race • Color • National Origin • Religion • Sex • Familial Status • Disability

6. The 12 Protected Classes:Vermont Protections • Age (18+) • Marital Status (married or unmarried) • Sexual Orientation • Gender Identity • Receipt of Public Assistance Everybody is part of a protected class. Any attributes that are not protected?

7. What is Housing Discrimination? Housing discrimination is a discriminatory act based on membership in a protected class. • Refusal to rent, sell or finance • Different terms, conditions or privileges or providing different housing services or facilities • Make, print or publishany notice, statement or advertisement that indicates any preference, limitation or discrimination • False representation regarding availability for sale, inspection or rental • Denying access to a facility or service related to sale or rental of housing (MLS, real estate brokers organization….) • Coercing, intimidating, threatening or interfering with any person in housing or for filing or supporting a discrimination charge

8. When do fair housing laws apply? • The Fair Housing Act applies both during the purchase / lease process and after. (The Halperin Challenge) • The Fair Housing Act is applicable to residential dwellings and not commercial properties. • Vermont law: Limited exemptions to some areas of fair housing laws – See next slide

9. Exemptions to VT Fair Housing Law • Ms. Murphy exemption • People under the age of 18 • Religious institutions • Senior housing (55+ and 62+)

10. Advertising and statements made by landlords and property managers are not exempt from fair housing law even if the property itself qualifies as exempt. Exemptions and Advertising

11. Fair Housing & Advertisements • Discriminatory words • Descriptive words • Who’s liable? • Publishers • The distinction between Craigslist and Roommates.com

12. Familial Status Discrimination • Refusal to rent/sell due to presence of minor children • Different rules or terms due to the presence of minor children. • Steering • Disparate impact. • Reasonable occupancy standards apply. • But what is considered a reasonable occupancy standard?

13. Occupancy Standards • General HUD guideline: Two people per bedroom. • People per unit, not children per unit. • HUD considers the size and number of bedrooms and other special circumstances.

14. Familial Status Discrimination: Best Practices for Property Managers • Let parents decide if they want children to share a bedroom. • If noise is a problem, make a rule barring everyone from making unnecessary loud noises, not just children. • Do not create rules that apply only to children. • Do not offer services or privileges that apply only to adults. • Do not advertise or describe units as “ideal for singles” or “great place for couples” as these can be interpreted as attempting to exclude children.

15. Defining Disability • Physical or mental impairment that substantially limits one or more life functions • A record of having such an impairment • Someone considered by others to have such an impairment

16. Public housing and live-in aids for people with disabilities • Discrimination against the live-in aid • The income and assets of the live-in aid • The obligated family member exception

17. Reasonable Accommodations and Modifications

18. Reasonable Accommodations Everyone involved in a real estate transaction must make reasonable accommodations: Changes in rules, policies or practices

19. Reasonable Accommodations: A Closer Look • “Reasonable” • “Without undue hardship” • “Fundamental alterations in the business of the housing owner or manager”

20. Reasonable Accommodation: Examples • Use of a service animal as a guide dog for someone who is blind • Request for assigned parking for someone with a mobility impairment • A person with a cognitive disability is afraid to enter the rental office and requests that she is allowed to mail her rent check • A person requests an extra set of keys so that their aide may enter the premises

21. Reasonable Modifications • Physical changes to the premises to make it accessible to people of all abilities • Who pays? Subsidized units vs. private units. • At the request of the landlord, a tenant must pay for restoration of internal modifications upon terminating tenancy.

22. Best Practices for Accommodation / Modification Requests • Respond in a timely manner • Your need to know • “No Pets” policy • The range of disabilities covered • Methods of making a request • Tenants need to demonstrate a nexus between the request and the disability

23. Questions? Kevin Stapleton and Dani Fuoco CVOEO Fair Housing Project 294 North Winooski Ave Burlington, VT 05401 (802) 864–3334 x202 www.cvoeo.org kstapleton@cvoeo.org dfuoco@cvoeo.org