Current Issues in Fair Housing Version 7.11. Fair Housing … It’s the Law!!

Current Issues in Fair Housing

Version 7.11

Fair Housing … It’s the Law!!

Whether unintentional or subtle,

discrimination is against the law.

People have a right to live wherever they can afford to live,

and real estate licensees have an obligation to protect that

right.

Join us for a few hours to examine and modify your

attitudes and behavior to treat

all clients & customers equally.

Be assured you will pass a tester’s investigation with flying

colors!

Learning Objectives

Upon completion of this course, participants will be able to:

• Relate the history of Fair Housing legislation

• Discuss Title VIII of the Civil Rights Act of 1968

(Fair Housing Act) and Amendments to that Act

Learning Objectives


• Define “fair housing” as it pertains to the law.

• List the Federally protected classes of the Fair

Housing Act

Learning Objectives


• Explain the various exemptions and how they apply

to the public

• Distinguish which actions are prohibited under the

Fair Housing Act

Learning Objectives


• Apply safe and fair advertising practices

• Recognize the words, phrases, and symbols in

advertising that would be considered violations of the

Fair Housing Act

Learning Objectives


• Describe the complaint process and potential

damages.

• Explain how to file a fair housing complaint

• Identify the acts that may lead to the Attorney General

to bring civil action against someone for Fair Housing

Violations

Learning Objectives


• Set individual, personal and professional goals

to insure equal and ethical services for all.

What’s “Fair?”

Defining “Fair”

Dictionary definitions describe fair as being:

• Free of favoritism or bias

• Impartial

• Just to all parties

• Equitable

• Consistent with rules

The Golden Rule

"Do unto others as you would have them do to you".

• "Do to others as thou wouldst they should do to thee, and do to none other

but as thou wouldst be done to.” Socrates 1477

• Sermon on the Mount: “All things whatsoever ye would that men should do

to you, do ye even so to them.”

et. al. including the New Testament, Talmud, Koran, the Analects of

Confucius, and so many writings about behavior!

Defining “Fair”

Defining “Fair”

• All I Really Need to Know I learned in Kindergarten

by Robert Fulghum:

• Share everything

• Play fair

• Don’t hit people

• Clean up your own mess

• Say you’re sorry when you hurt someone

Defining “Fair”

What’s YOUR definition of “fair?”

Poll Question 1.

To be “fair” is to be:

A. Free of bias

B. Consistent with rules

C. Equitable

D. All of the above

A Historical Look at Fair

Housing

History of Fair Housing

The Declaration of Independence

affirmed that “all men are created equal,”

but the U.S. Constitution said that slaves were considered to

be “three-fifths of a person.”


• 1776: The Declaration of Independence

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…”

• 1787: Article 1 of the US Constitution

“Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.”



• 1857: The Dred Scott Decision

Dred Scott v. Sandford, also known as the Dred Scott Decision,

was a ruling by the U.S. Supreme Court that people of African

descent brought into the United States and held as slaves (or their

descendants, whether or not they were slaves) were not protected

by the Constitution and could never be U.S. citizens.

Some are of the opinion that this started the Civil War!


• 1861 – 1865: The Civil War

• 1863: The Emancipation Proclamation

During the war, an executive order by President Lincoln freed many but not all slaves

(“Freedmen” - not citizens.)

• 1865 – 1877: The Reconstruction Era


The Reconstruction Era

1865: The 13th Amendment

Abolished slavery

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."


The Reconstruction Era

1866: The Civil Rights Act of 1866

“All citizens of the United States shall have the same right, in every

state and territory, as is enjoyed by white citizens thereof to inherit,

purchase, lease, sell, hold, and convey real and personal

property.”

NOTE: In 1987 the Supreme Court broadened the definition to include (in

some cases) ethnicity and religion.


The Reconstruction Era1870: The 14th Amendment

Guaranteed all persons due process & equal protection under the law.

“All persons born or naturalized in the United States, and subject to the

jurisdiction thereof, are citizens of the United States and of the state

wherein they reside. No state shall make or enforce any law which shall

abridge the privileges or immunities of citizens of the United States; nor

shall any state deprive any person of life, liberty, or property, without due

process of law; nor deny to any person within its jurisdiction the equal

protection of the laws.”

Feedback Question 2.

In 1787 Article 1 of the US Constitution

A. Freed the slavesConsistent with rules

B. Counted slaves as 3/5 of a person for the purpose of taxation and representation.All of the above

C. Declared that all men are created equal

D. Guaranteed all persons due process and equal protection under the law

(Answer by clicking in the feedback panel)


The Civil Rights Act of 1866 does which of the following?

A. Grants all citizens the same rights as white citizens to own¸ purchase¸ lease¸ transfer or use real property

B. Allows exemptions only for homes sold without the assistance of a real estate practitioner

C. Effectively prohibits all discrimination in real estate based on race

D. Both a and c


A Chronology of Court Cases

Chronology of Court Cases

1896: Plessy v. Ferguson

Establishes “separate but equal”

In Plessy v. Ferguson the U.S. Supreme Court decided that a

Louisiana law mandating separate but equal accommodations

for blacks and whites on intrastate railroads was constitutional.

This decision provided the legal foundation to justify many

other actions by state and local governments to socially

separate blacks and whites.


1917: Buchanan v. WarleyStrikes down racial “zoning” law

The United States Supreme Court declares racially biased zoning unconstitutional.

The Buchanan decision marked a victory in the battle against

racial segregation; however it focused only on upholding property rights,

not affirming equal protection under the law.

Buchanan only applied to legal statues, not private agreements, and as

a result, racially restrictive covenants became a common practice.


Example of a restrictive covenant

in post WWII deeds granted in

Long Island, NY by developer William Levitt:

“The tenant agrees not to permit the premises to be used or

occupied by any person other than members of the Caucasian

race. But the employment and maintenance of other than

Caucasian domestic servants shall be permitted.”


1948: Shelley v. Kraemer

US Supreme Court case which held

that courts cannot enforce private,

restrictive, racial covenants on real estate.

Poll Question 4.

Private, restrictive racial covenants in real estate

A. Still appear in some deeds today

B. Are enforceable in US territories

C. Are unenforceable by law

D. Both a and c


1954: Brown v. Board of Education

Abolishes “separate but equal” law

The Brown decision did more than reverse the Plessy doctrine

of “separate but equal.” It reversed centuries of segregationist

practice and thought in America. For that reason, the Brown

decision is seen as a transforming event—the birth of a political

and social revolution.

Fair Housing Legislation

The Birth of Modern Fair Housing

Fair Housing Legislation

Title VI to the Civil Rights Act of 1964

Prohibited discrimination in public accommodations, in all federally assisted programs, and in employment on the basis of:

Race

Color

Religion

Sex

National origin

1968: The Birth of Modern Fair Housing

Martin Luther King, Jr.1929 – 1968

1963: “I Have a Dream” Speech1964: Nobel Peace Prize

“I have a dream

that my four little children

will one day live in a nation

where they will not be judged

by the color of their skin,

but by the

content of their character.”Martin Luther King, Jr.



At sunset on April 4, 1968, Martin Luther King, Jr. was fatally shot

while standing on the balcony of the Lorraine Motel in Memphis,

TN. There were riots and disturbances in 130 American cities and

20,000 arrests. King’s funeral on April 19th was an international

event. Within one week of his death, on April 11, Title VIII of the

Civil Rights Act (aka the Fair Housing Act) was enacted into law by

President Lyndon B. Johnson. In 1983 President Reagan declared

the 3rd Monday in January a national holiday to celebrate the

birthday of MLK, Jr.


Martin Luther King, Jr

A. Won the Nobel Peace PrizeAre enforceable in US territories

B. Wrote the lyrics to “Give Peace a Chance”

C. Was fatally shot at the 1963 “March on Washington for Jobs and Freedom”

D. Escaped slavery when his family fled the South



In Jones v. Alfred H. Mayer Co. the Court held that the Civil Rights Act of 1866 banned private, as well as government, racial discrimination in housing.

A. True

B. False


Martin Luther King, Jr. Memorial

Washington, DC dedicated 10/16/11

“… out of the mountain of despair a stone of hope.”

Inscription:

I was a drum major for justice,peace and righteousness.

“We must learn

to live together

as brothers

or perish together

as fools.”

Martin Luther King, Jr.



April 4: assassination of Martin Luther King, Jr.

April 11: Congress enacts Title VIII of the Civil Rights Act of 1968

(Fair Housing Act)

June 17: Jones v Meyer decision

In Jones v. Alfred H. Mayer Co. the Court held that the Civil Rights

Act of 1866 banned private, as well as government, racial

discrimination in housing. Thus the 1866 Act was given new life, and

could be used to fight racial discrimination.

Federally Protected Classes

Race

Color

Religion

Sex

Handicap

Familial Status

National Origin


R

C

R

S

H

F

N


• Race Realtors

• Color Can

• Religion Really

• Sex Sell

• Handicap Houses

• Familial Status Fast

• National Origin Now


Race

Color

Religion

Sex

Handicap

Familial Status

National Origin


• Race 1968 Realtors

• Color 1968 Can

• Religion 1968 Really

• Sex 1974 Sell

• Handicap 1988 Houses

• Familial Status 1988/95 Fast

• National Origin 1968 Now

Poll Question 7.

Under the federal fair housing law, the seven protected classes include

A. Race¸ color¸ source of income¸ handicap¸ national origin¸ marital status¸ religion

B. Race¸ color¸ religion¸ sex¸ handicap¸ familial status¸ national origin

C. Race¸ sexual orientation¸ sex¸ familial status¸ handicap¸ age¸ national origin

D. None of the above


Individuals with albinism are guaranteed rights under the federally protected class “color.”

A. True

B. False



Based on federal fair housing law, which of the following people would be protected:

A. A divorced female¸ single parent

B. A 35-year-old single¸ Jewish man

C. A 50-year-old white man

D. All of the above


Additional State Protected Classes

Field Trip:Discover any extra protected classes in your state, country and/or locale.

Find and learn the Fair Housing Laws for your state: www.civilrights.org/fairhousing/laws/state-laws.html

Or ‘Google’ your state:

Ex: Utah protected classes housing

http://www.civilrights.org/fairhousing/laws/state-laws.html

Amendments to the Fair

Housing Act

Federally Protected Classes… amendments

• Sex (gender) 1974

• Handicap 1988

• Familial Status 1988/95

Amendments to the Fair Housing Act

1974 Amendment: Sex (Gender)

Housing and Community Development Act

Added sex as another prohibited basis for

discrimination


Also in 1974:Equal Credit Opportunity Act

Prohibited credit discrimination on the basis of:

Race

Color

Religion

National origin

Gender or marital status

Age


1988: Protection for the Handicapped (aka Disability)The 1988 Act defined handicap as:

•A physical or mental impairment which substantially limits one

or more of a person’s major life activities

•A record of having such an impairment, or

•Being regarded as having such an impairment


1988: Protection for the HandicappedSpecifically cited as examples of disabilities are:

• Hearing, mobility and visual impairments

• Chronic alcoholism (but not currently drinking)

• Drug addiction (but not currently using drugs)

• Chronic mental illness

• Cerebral palsy

• Epilepsy

• AIDS

• People who use walkers or other equipment

• People who use service animals


1988: Protection for the Handicapped

The definition specifically excludes persons who are

engaging in the illegal use of drugs.

Poll Question 10.

Under federal fair housing laws, it is legal to prohibit which of the following in a housing unit?

A. Smoking

B. A live-in caregiver for a resident with a disability

C. Drinking alcohol

D. Both a and c



XMore Recent Disability Etiquette



Reasonable Modifications & Reasonable Exceptions

COMMONLY ASKED QUESTIONS ABOUT SERVICE ANIMALS IN PLACES OF BUSINESSwww.ada.gov/qasrvc.htm

http://www.ada.gov/qasrvc.htm


Service Animals:

In the United States, the Americans with Disabilities Act

(ADA) defines a service animal as "any guide dog, signal

dog, or other animal individually trained to provide

assistance to an individual with a disability.”

• Guide animal—to guide the blind (sight impaired)

• Hearing animal—to signal the hearing impaired

• Service animal—to do work for persons with disabilities other than blindness or deafness.


Comfort Animals:

Comfort Animals Are Not Necessarily Service Animals.

No statute or regulation specifies that a landlord must allow a person to have a

comfort animal. Unlike a service animal which is trained to perform physical

acts to aid a disabled person, a comfort animal provides love, reassurance,

social interaction and other emotional benefits for a tenant. The animal does not

have to be trained to provide comforting since its function is to be there, not to

do a task.

NOTE: People with mental health or emotional problems may be considered disabled (or handicapped in the language used by the Fair Housing Act) if they meet the statutory definition. Then the ‘comfort animal’ is, in essence, a ‘service animal.’


A “comfort animal” is synonymous with “service animal” .

A. True

B. False



No statute or regulation specifies that a landlord must allow a person to have a comfort animal.

A. True

B. False



Discrimination against Lesbian, Gay, Bisexual and Transgender Individuals

•The Fair Housing Act does not specifically include sexual

orientation and gender identity as protected classes.

Many state laws do, however.

Know YOUR state laws!

•The NAR Code of Ethics includes sexual orientation in its Article

10.


• Familial Status

The HUD regulations state that “families with children must be provided the same protections as other classes of persons protected by the Fair Housing Act.” The law defines “familial status” as one or more individuals (who have not attained the age of 18 years) being domiciled with:

A parent or another person having legal custody of such individual, or

The designee of such parent or other person having such custody, with the written permission of such parent or other person


1988: Familial Status (families with children)

The law further states that the protections afforded

against discrimination on the basis of familial status

shall apply to any person who is pregnant or is the

process of securing legal custody of any individual

who has not attained the age of 18 years.

Poll Question 13.

“Familial Status” applies to persons who are

A. Pregnant

B. Attaining custody

C. Legal guardians

D. All of the above


Occupancy Standards

The Fair Housing Act allows housing providers to

adhere to any reasonable local, state, or federal

regulations regarding the maximum number of

persons permitted to occupy a dwelling.

HUD supports a minimum of 2 people per bedroom.


Occupancy Standards

The standards must be based on things such as:

• Size of the unit

• Number of bedrooms and their dimensions

• Configuration of the unit

• Physical limitations of the housing

• State and local laws and zoning

• Capacity of the building, such as water and sewer


Housing for Older Persons (HOPA)1988 and 1995

1988: Housing for older persons is exempt from the prohibition

against familial status if:

The HUD Secretary has determined that it is specifically

designed for and occupied by elderly persons under a federal,

state or local government or

It is occupied solely by persons that are 62 or older.


Housing for Older Persons (1988 and 1995)

Housing for older persons is exempt from the prohibition

against familial status if:

The HUD Secretary has determined that it is specifically

designed for and occupied by elderly persons under a federal,

state or local government or

It is occupied solely by persons that are 62 or older


Housing for Older Persons (HOPA) in 1988 and 1995

(1995) It houses at least one person who is 55 or older in at least 80 percent of the occupied units; has significant services and facilities for older persons; and adheres to a published policy that demonstrates an intent to house persons who are 55 or older.

Prohibited Actions

Prohibited Actions

• Refuse to rent or sell housing or to negotiate for

housing

• Make housing unavailable or deny a dwelling

• Set different terms, conditions or privileges for sale

or rental of a dwelling or in the provision of different

housing services or facilities

Prohibited Actions

• Falsely denying that housing is available for inspection, sale or rental

• For profit, persuading owners to sell or rent

(blockbusting)

• Advising people where they should live

(steering)

Prohibited Actions

• Denying anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale of rental of housing

• Threatening, coercing, intimidating or interfering with

anyone exercising a fair housing right or assisting

others who exercise that right.

Federal Exemptions

Federal Exemptions to the Fair Housing Act

• never in advertising!

• never if agent involvement!

• never re color or race!

Jones v. Alfred H. Mayer Company

In this case, the U.S. Supreme Court applied the

Civil Rights Act of 1866 to prohibit any racially-based

discrimination in housing. Based on the 1866 law,

if discrimination on the basis of race occurs, the

aggrieved party can file an action in federal district court

for an injunction and damages.

Federal Exemptions to the Fair Housing Act

Federal Exemptions

• FSBO

• “Mrs. Murphy” - owner-occupied 2-4 Family

(Note: Your state may be more restrictive.)

• Religious Organizations or Private Clubs

• Housing for Older Persons (HOPA ‘88/’95)


The federal fair housing law grants an exemption to an owner occupied 2-6 family house?

A. True

B. False


Recent Court Cases

Recent Court Cases

United States v. Matusoff Rental Company

(S.D. Ohio)

The complaint alleged that Defendant Roger Matusoff, the

owner of three apartment complexes located in Ohio violated

the Fair Housing Act by discriminating against several African-

Americans and families with children. The court imposed a

total fine of $535,000 as a penalty for the violations.

Lindsay v. Yates (N.D. Ohio)

The Lindsays believed that Yates did not want to sell them the

property because they were African American. Their only evidence

was the suspicious timing of Yates’s termination after meeting

them. The court of appeals reversed and remanded the trial

court's decision stating that the short period of time between the

initial meeting and Yates's termination of the sale was enough

evidence of discrimination to overcome summary judgment.

Recent Court Cases

• Religious Discrimination

United States v. Triple H. Realty, et al. (D. N.J.)

• Gender-based Discrimination

United States v. William E. Brewer and Lena P. Brewer (E.D. Tenn.)

• Disability vs. Age Restriction

Canady v. Prescott Canyon Estates Homeowners Assoc. Court of Appeals of Arizona

Recent Court Cases


When a prospect inquires about the socio-demographics of neighborhoods or schools, you should respond by saying:

A. "I believe the neighborhood has a few Hispanic families¸ I can check and get back to you."

B. "The Fair Housing Act prohibits me from providing that kind of information. I recommend you contact the school district¸ municipal government¸ or the local library."

C. "I wouldn't worry about that¸ the neighborhood is safe and the schools are good."

D. "Residents in this neighborhood value diversity¸ you'll fit right in."


• Age Restriction Amendment to By-Laws Defective

Wilson v. Playa De Serrano

• Occupancy Limits

Reeves v. Rose

• Reasonable Accommodation

Bently v. Peace & Quiet Realty 2 LLC

Recent Court Cases

Advertising and Promotion

In 1972, in the United States v. Hunter, the Court of Appeals said that even though a homeowner or landlord may have a dwelling that is exempt from coverage under the Fair Housing Act, they are not free to employ discriminatory advertising. Also, the Hunter case is important because it established that HUD’s advertising rules:

• Apply to newspapers and other media, even if the ads were drafted by someone else

• The provision does not violate the First Amendment’s guarantee of freedom of the press

• That whether an advertisement violates the Act will be determined by how an “ordinary reader” would interpret the ad

Advertising & Promotion

The Fair Housing Act, as amended says it is illegal “to make,

print or publish, or cause to be made, printed or published any

notice, statement, or advertisement with respect to the sale or

rental of a dwelling that indicates any preference, limitation or

discrimination based on race, color, religion, sex, handicap,

familial status, or national origin, or an intention to make such

preference, limitation, or discrimination.”



Important:

“indicates any preference, limitation or discrimination” means

violation of the law can occur without intent.

It is the perception of the reasonable reader that determines whether

the ad, notice or statement violates the law!

Words, Phrases, Symbols, and Forms

HUD’s advertising guidelines provide a list of words,

phrases, symbols and forms that are most often used in

real estate advertising and convey either overt or tacit

discriminatory preferences or limitations.

Guidelines apply to ALL media –

Including electronic!



Words, Phrases, Symbols, and Forms

Selective use of equal opportunity slogan or logo: When

placing ads, such selective use may involve placing the

equal housing opportunity slogan or logo in advertising

reaching some geographic areas, but not others, or with

respect to some properties, but not others.

Selective Use/Target Marketing

Selective geographic advertisements: This may involve the

strategic placement of billboards; brochure ads distributed

within a limited geographic area by hand or in the mail;

advertising in particular geographic coverage editions of major

metropolitan newspapers or in newspapers of limited

circulation which are mainly advertising vehicles for reaching a

particular segment of the community; or displays or

announcements available only in selected sales offices.

Advertising & Promotions


Using Visuals

Using only ‘adult’ or only ‘white’ or only ‘men’ models

over a significant period of time could be perceived as

implying preference and limiting choices.

Mix it up!

Office Policy & Procedures

All advertising of residential real estate for sale, rent or

financing should contain an equal housing opportunity

logotype, statement, or slogan as a means of educating

the home-seeking public that the property is available to

all persons regardless of race, color, religion, sex,

handicap, familial status, or national origin.

Prominently display the Fair Housing Poster

Office Policy and Procedures

• Fair Housing Declaration

Consider a statement like this:

“We are pledged to the letter and spirit of U.S. policy for the

achievement of equal housing opportunity throughout the

nation. We encourage and support an affirmative advertising

and marketing program in which there are no barriers to

obtaining housing because of race, color, religion, sex,

handicap, familial status, or national origin.”

Office Policy and Procedures

Office Policy & Procedures

• Standardized Forms and Paper Trail

• Policy & Procedure Manual


You must include an Equal Opportunity logo in ads larger than 3 inches by 3 inches that promote residential property for sale.

A. True

B. False

Source: www.realtor.org/rmotoolkits.nsf/pages/fair06

Reprinted from REALTOR® Magazine online 2010 with permission of the NATIONAL ASSOCIATION OF REALTORS®. Copyright 2010. All rights reserved.

False

You must include an Equal Opportunity logo in ads larger than 3 inches by 3 inches that promote residential property for sale.

Source: www.realtor.org/rmotoolkits.nsf/pages/fair06

Reprinted from REALTOR® Magazine online 2010 with permission of the NATIONAL ASSOCIATION OF REALTORS®. Copyright 2010. All rights reserved.

Answer


The description of a house used on the local MLS is also subject to fair housing guidelines.

A. True

B. False


True

The description of a house used on the local MLS is

also subject to fair housing guidelines.

Answer


Indicating in an ad that a property has handicapped accessibility is a violation of the Fair Housing Act.

A. True

B. False


False

Indicating in an ad that a property has handicapped

accessibility is a violation of the Fair Housing Act.

Answer


Brokers are liable for discrimination in ads placed by sales associates even if they had no knowledge of the ad before publication.

A. True

B. False


True

Brokers are liable for discrimination in ads placed by

sales associates even if they had no knowledge of the

ad before publication.

Answer


It is acceptable to consistently use only white models in your advertising provided that your market area is at least 85 percent white and that you do not include any discriminatory language in the copy of your ads.

A. True

B. False


False

It is acceptable to use only white models in your

advertising provided that your market area is at least

85 percent white and that you do not include any

discriminatory language in the copy of your ads.

Answer


Failure to prominently display the Fair Housing poster in a brokers office is viewed as “intent to discriminate” by HUD.

A. True

B. False


True

Failure to prominently display the Fair Housing poster

in a broker’s office is viewed as “intent to discriminate”

by HUD

Answer

Fair Housing Enforcements

Fair Housing Enforcement

WHO may file a complaint?

Reporting Process:

As a general rule, there are three enforcement options

available for victims of housing discrimination:

• Enforcement through HUD

• Enforcement through the Department of Justice

• Enforcement by means of a private lawsuit filed in

Federal District Court.


HUD remains the most common and important way to

seek relief. They offer free legal representation,

have an established procedure in place to offer

comparatively rapid resolution of the issues, and it will be

tried before an administrative court judge with experience

in fair housing issues.

Poll Question 22.

Who can file a Fair Housing complaint?

A. HUD

B. The public

C. A real estate agent

D. All of the above

Filing a Complaint

An aggrieved person may file a complaint with Secretary of HUD,

within one year after an alleged discriminatory housing practice has

occurred or terminated. Complaints may be filed by telephone or by

mail to the nearest HUD regional office.


Filing a Complaint


Filing a Complaint

A complaint form may also be filled out on the HUD web

site.

http://portal.hud.gov/hudportal/HUD?src=/topics/housing_

discrimination

Online form:

https://www5.hud.gov/Hud903/main/pagHUD903Form.jsp


http://portal.hud.gov/hudportal/HUD?src=/topics/housing_discrimination

http://portal.hud.gov/hudportal/HUD?src=/topics/housing_discrimination

https://www5.hud.gov/Hud903/main/pagHUD903Form.jsp

Filing a Complaint

If HUD’s investigation reveals that reasonable cause

exists, they will issue a formal charge. In the absence of

reasonable cause, they will dismiss the complaint.

Within 3 business days after issuing a charge, HUD

must file it with the Office of Administrative law judges

and serve it on the complainant and the respondent.


Filing a Complaint

If the Administrative Law Judge determines that a discriminatory

practice has occurred, the following relief may be ordered:

• Actual damages

• Equitable relief

• Injunctive relief

• Civil penalties


Filing a Complaint

•Actual damages – including humiliation, pain and suffering, mental anguish

plus out-of-pocket expenses

•Equitable relief – for example, make the dwelling available to you

•Injunctive relief – preventing the respondent from discriminating in the future

•Civil penalties – to vindicate the public interest, the respondent may be fined

up to $11,000 for a first offense, $27,500 if there has been a prior offense within

5 years and up to $55,000 if there have been two or more offenses within the

past 7 years.


Enforcement by the Department of Justice

The Fair Housing Act authorizes the Attorney

General to bring civil actions in certain instances:

1. If there is cause to believe that any person or

group is engaged in a pattern or practice of

resistance to the full enjoyment of any rights

granted by this title


Enforcement by the Department of Justice

2. If there is cause to believe that any group of

persons has been denied any rights and such denial

raise an issue of general public importance

3. If the Secretary of HUD refers a case of

discriminatory practice to the Attorney General


Enforcement by the Department of Justice4. If there is a breach of a conciliation agreement

entered into by HUD

5. These civil actions pursued by the Attorney

General may result in a penalty up to $55,000

for a first violation and up to $110,000 for any

subsequent violation.


Private Law Suits

The last course of action would be to file a civil action in an

appropriate Federal District Court or State Court. Any

aggrieved person may file suit, at their own expense, within

two years of an alleged violation. You may even bring suit

after filing a complaint with HUD, if you have not signed a

conciliation agreement and an Administrative Law Judge

has not started a hearing.


Private Law Suits

• A court may award actual and punitive damages and

attorney’s fees and costs. The Fair Housing

Amendments Act also removed the former $1,000 cap

on punitive damages.


Wrap-up and Commitment

Wrap-up and Commitment

Personal Action Steps to Insure Equal and Ethical Services for All

• I learned / was reminded of….

• As a result of this session I will stop….

• As a result of this session I will start….

QUESTIONS?

Thank you for being a McKissock customer!

Please fill out the evaluation form. We value your input!

We hope you enjoyed the webinar, and if you have any questions, please don’t hesitate to

call us at 1-800-328-2008.

Thank you from Roseann Farrow!Contact me at

[email protected]

Thank You!

Current Issues in Fair Housing Version 7.11. Fair Housing … It’s the Law!!

Documents

Transcript of Current Issues in Fair Housing Version 7.11. Fair Housing … It’s the Law!!