Fair Housing Laws

Mawerdi Hamid

Housing Discrimination Law Project

Mid-Minnesota Legal Aid

OverviewA little HistoryFair Housing Basics

◦Protected Classes◦Refusal to Rent and Negotiate◦Different Terms and Conditions◦Refusal to Grant Reasonable

AccommodationsQuestions?

Civil Rights Act – 1964

But . . . . .

Fair Housing Act - 1968

Generally Speaking . . .

Unlawful to take adverse action in housing based on protected class status.◦Fair Housing Act – 42 U.S.C. 3601 et.

seq.◦Minnesota Human Rights Act – Minn.

Stat. 363A.01 et seq.◦Local Ordinances

Protected Class Status – Fair Housing Act

1. Race or color2. Religion3. Sex4. Familial Status5. National Origin6. Disability42 U.S.C. §3604(a)

Minnesota Human Rights ActMinn. Stat. §363A

AddsMarital statusStatus with regard to public

assistanceSexual orientationCreed

Adverse Actions Include . . . Refusal to

Rent/Negotiate/Otherwise Make Unavailable

Different Terms and ConditionsRefusal to Allow Reasonable

AccommodationsAlso:

◦ Discriminatory Statements/Advertising

◦ Blockbusting

◦ Discriminatory Transactions

Adverse ActionsRefusal to rent, negotiate or otherwise make unavailable

Outright refusals are relatively rare

More common techniques:◦Burdensome application process◦Delay◦Discouraging an

applicant◦No return phone call

Otherwise make unavailable is broad and can include:

steeringredliningtermination

Adverse ActionsDifferent terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities

Terms and Conditions

Damage Deposit Application FeesCredit ChecksLate feesRepair requestsGuests

Rent AmountsAppliancesAmenitiesFinesClosing costs

Discrimination based on Sex Quid Pro Quo

◦Sex or touching for rent or application

Hostile Environment ◦Unwanted touching ◦Walking into

apartment unannounced

◦Unwelcome personal comments and inquiries

Protected or Not Protected?

Part I

Protected or Not Protected?

Victims of Domestic Violence

Protected Class StatusRace or color

ReligionSex

Familial StatusNational Origin

DisabilityMarital status

Status with regard to public assistanceSexual orientation

Creed

Protected or Not Protected?

Applicant with a criminal background

Protected Class StatusRace or color

ReligionSex

Familial StatusNational Origin

DisabilityMarital status

Status with regard to public assistanceSexual orientation

Creed

Protected or Not Protected?

Resident who speaks Spanish

Protected Class StatusRace or color

ReligionSex

Familial StatusNational Origin

DisabilityMarital status

Status with regard to public assistanceSexual orientation

Creed

Protected or Not Protected?

Resident with Chemical

Dependency

Protected Class StatusRace or color

ReligionSex

Familial StatusNational Origin

DisabilityMarital status

Status with regard to public assistanceSexual orientation

Creed

Reasonable Accommodations

Landlord is required to make change in rules, policies, practices or services IF:◦ Accommodation may be

necessary to give disabled person equal use and enjoyment of dwelling

AND◦ The change is not

unreasonable

Reasonable Accommodations – 4 Step Analysis

Must Have Disability

Accommodation may be necessary to use and enjoyment of dwelling

Accommodation will help overcome effects of disability (nexus)

Accommodation is reasonable

“Unreasonable” RequestsImpose an undue financial and

administrative burden; OR

Require a fundamental alteration in the nature of the housing provider’s operations

Protected or Not Protected?

Part II

Protected or Not Protected?

Resident with a dog

Protected Class StatusRace or color

ReligionSex

Familial StatusNational Origin

DisabilityMarital status

Status with regard to public assistanceSexual orientation

Creed

Protected or Not Protected?

Service Dogs

Protected or Not Protected?

Animals for Emotional Support?

Dog HypotheticalApartment management has a

“no pet” policyA tenant asks for a reasonable

accommodation that his dog, Spot, be allowed to move in.

Tenant has a letter from a doctor stating that the dog helps comfort client because of his depression.

Is this a reasonable accommodation?

Reasonable Accommodations – 4 Step Analysis

Must Have Disability

Accommodation may be necessary to use and enjoyment of dwelling

Accommodation will help overcome effects of disability (nexus)

Accommodation is reasonable

Protected or Not Protected?

Resident with multiple dogs

Protected or Not Protected? Other Animals?

Probably not Discrimination Poor customer service/bad

attitude Refusal to rent because of bad

rental history or credit (if standards are the same for all)

Eviction because of personality conflicts or neighbor complaints

Refusal to rent without valid identification

Familial Status Discrimination

Refusal to rent, steering, strict occupancy limits, ban from facilities, segregation, limited to lower floors, higher security deposit

“Familial Status”Familial Status

◦One or more individuals under the age of 18 being domiciled with a parent, A person having legal custody of such

individuals, or The designee of such parent or legal

custodian

◦A person who is pregnant or who is about to secure legal custody of someone under the age of 18.

Special MN Protection ◦If in a “legal” no kids unit and there

is pregnancy or adoption, during tenancy landlord must: Allow 12 months until end of tenancy and Give 6 month written notice

◦Note: may be different if city or state occupancy code is violated

Familial Status Discrimination Exemption for Housing with Older

Persons (HOPA)◦The FHA exempts HOPA from its

prohibitions against familial status discrimination

Purpose: to insure that the FHA’s familial status prohibition do not unfairly limit the housing choice of older persons

Proving Discrimination1. Disparate Treatment Cases

◦Prima Facie Case of Discrimination ◦Mixed Motive Cases

2. Disparate Impact Cases◦Discriminatory Effect◦Perpetuation of Segregation◦Standard: business necessity

sufficiently compelling to justify practice

3. Testing

Enforcement 1. Administrative Agency

Complaint◦HUD, MDHR◦P/c determination◦Administrative Judge ◦Appeal to Court of Appeals

2. State/Federal Court Complaint 3. Attorney General

◦Pattern of practice

RemediesActual Damages Compensatory Damages: lost

housing opportunity Emotional Distress: includes

humiliationPunitive Damages: if intentional Civil PenaltiesInjunctive Relief Mentoring Fair Housing Training

Questions?