Presentation Transcript

1. Fair Housing ActUnited Way of Greater Richmond and PetersburgRichmond, VABrandi Payne, MURP Deanna Lavery, MSW Fair Housing Specialists (c) HOME 2012
2. Disclaimer The information provided today is not legal advice, and no attorney/client relationship arises from this presentation. The presentation is meant to cover basic housing counseling information and not provide advice about specific situations. Legal Aid Justice Center Richmond: 804-643-1086 Central Virginia Legal Aid Society, Richmond: 804-344-9857 (c) HOME 2013
3. What is HOME? MISSION: To ensure equal access to housing for all people Center for Housing Education Center for Housing Policy Center for Fair Housing (c) HOME 2013
4. HOME Established as a fair housing organization in 1971 Office in Richmond Serve Commonwealth of Virginia Provides fair housing services state-wide (c) HOME 2013
5. Fair Housing Laws Fair Housing Laws consist of both state and federal laws that make it illegal to discriminate in the rental, sale, financing or insuring of a home based on a person’s membership of a protected class. (c) HOME 2013
6. State and Federal Fair Housing Statutes Rental, sale, financing, insuring, zoning Landlords, real estate agents, neighbors, staff Federal Fair Housing Act - 1968 1968: race, color, national origin and religion 1974: gender 1988: familial status and disability Virginia Fair Housing Law - 1972 All of the above + elderliness Considered “substantially equivalent” to federal law Local ordinances (c) HOME 2013
7. Fair Housing Laws: Protected Classes Race (any race) Color (any color) Religion (any religion or no religion) National Origin (any nationality or perception of being from another country) Sex (gender) Familial Status (children under 18, adults securing custody of children, or pregnant women) Persons with Disability Elderliness (55 years or older) (c) HOME 2013
8. Many characteristics are not protected under Fair Housing Laws. In Virginia, it is legal to discriminate in housing based on any of the following: Sexual Orientation Criminal History Poor Credit Gender Identity HUD funded housing sometimes has added protection!!! Source of Income Pet Owners Smokers Marital Status (c) HOME 2013
9. Fair Housing Law Exemptions “Mrs. Murphy” single-family homes sold or rented without the use of a real estate professional Owner-occupied multi-family dwellings with no more than 4 units Religious groups Private clubs Older persons (at least 80% occupied 55 or older) Shared living? Cannot advertise in discriminatory way! (c) HOME 2012
10. Types of Unlawful Discrimination Refusal to Rent, Sell, or Provide Service Falsely Deny Housing Availability Different Terms and Conditions Advertising and Statements Denial of RA/RM Design & Construction (after 3/31/91) Threaten, Interfere, Intimidate Retaliation (c) HOME 2013
11. Center for Fair Housing’s Role Intakes (LL/T and FH) and referrals Consumer Education Investigate allegations of discrimination Could involve testing File administrative complaints or lawsuits Assist with writing Reasonable Accommodation and Modification letters Administer fair housing grants Systemic issues (c) HOME 2012
12. Fair Housing: Disability “Disability” under fair housing laws Physical or mental impairment that substantially limits one or more major life activities Having record of such impairment Being regarded as having impairment (c) HOME 2013
13. Fair Housing: Disability Reasonable Accommodation is a change in a policy, procedure, or rule that allows tenant to fully use and enjoy housing Designated parking space Service animal (c) HOME 2013
14. Fair Housing: Disability Reasonable Modification is a structural change, usually at tenant’s cost, that will allow tenant to fully use and enjoy Grab bars Wheelchair ramp
15. How to Request a Reasonable Accommodation or Modification They are not required to be in writing, but it is recommended Not required to use the phrase “reasonable accommodation” or “reasonable modification” (c) HOME 2013
16. How to Request RA and/or RM State that you have a disability (not required to disclose nature/severity) as defined by the Fair Housing Act. State where you live & who is responsible for your building or home. Describe the policy that is a problem and how it interferes with your use of the housing. (c) HOME 2013
17. How to Request RA and/or RM Clearly describe the change you are seeking Ask for written response within certain time frame Sign and date the request Keep a copy for your records *If request is denied, contact a fair housing professional* (c) HOME 2013
18. Is This a Fair Housing Issue? Is there a disability? Narrow down whether and how the disability affects daily life activities. Ask about person’s history of having a disability and how people perceive the person. How does housing provider know about the disability? Is someone’s protected class the reason for the discrimination? Do other residents have a similar problem? (c) HOME 2013
19. Resources Virginia Residential Landlord and Tenant Act HOME Central VA Affordable Housing Guide VHDA Online Housing Search (c) HOME 2013
20. Contact us: Brandi Payne, MURP Fair Housing Specialist (804) 354-0641 ext.121 bpayne@phoneHOME.org Deanna Lavery, MSW Fair Housing Specialist (804) 354-0641 ext. 140 dlavery@phoneHOME.org Website: www.phoneHOME.org (c) HOME 2013