This booklet was produced under a grant from the U.S. Department of Housing and Urban Development to Housing Opportunities Made Equal of Virginia, Inc.,in cooperation with the Hampton Roads CommunityHousing Resources Board (HRCHRB), an organizationof area REALTORS®, local government officials, andhousing advocates. The substance is dedicated to thepublic. The author and publisher are solely responsiblefor the accuracy and interpretations contained in thispublication. Such interpretations do not necessarilyreflect the views of the Federal Government.

COVER: Nicholas Wilfong, Winner of the 2010Hampton Roads Community Housing Resource BoardPoster Contest.

Published 2012

FAIR HOUSING HANDBOOK

Hampton Roads Community Housing Resources Board

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Housing Opportunities Made Equal of Virginia, Inc.

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What Fair Housing Means for People with Disabilities in Virginia. Virginia Fair Housing Office, 2003,Judge David L. Bazelon Center for Mental Health Law, Washington, DC. To request a copy, call or email the Virginia Fair Housing Office at (888) 551-3247 or fairhousing@dpor.virginia.gov.

TABLE OF CONTENTS

Fair Housing — Why is it important? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Fair Housing & Related LawsFederal & State Fair Housing Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Other Related Housing Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Protected Classes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Practices that Violate Fair Housing Laws . . . . . . . . . . . . . . . . . . . . . . . 4Enforcement of Fair Housing Laws . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6

Tips for Tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Tips for Landlords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9

Guides to Fair Lending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Protect Yourself from Predatory Lenders . . . . . . . . . . . . . . . . . . . . . . . . 11-12

Housing Discrimination Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Housing Discrimination FormInstructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Form . . . . . . . . . . . . . . . . . . . . . . . . . . Stapled into CENTER of Booklet

Energy Star . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Where to Get Information on Fair HousingGeneral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Hampton Roads Local Government Fair Housing Offices . . . . . . . . . . . 16

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Where you live isn’t just about the kind of houseyou live in. Where you live determines the schoolsyour children attend, the jobs that are available,how long your commute is or whether there ispublic transportation. The convenience of grocerystores, shopping centers, medical care and otherservices depends on where you live. Forhomeowners, where you live also determines thevalue of your housing and how much equity youbuild – the foundation of the American dream.

Fair housing is a term that refers to ensuring thatall people have an equal opportunity to accessthe housing of their choice. Everyone wantsdecent housing in a safe neighborhood. Fairhousing means that people can choose to livewherever they can afford to live and that a varietyof housing choices are available in all communi-ties. It means that housing choices are notrestricted by decisions based on characteristicsthat have nothing to do with housing.

Fair housing is not only a legal requirement understate and federal fair housing laws; it is a moralconcern and a matter of economics. No commu-

nity can reach its full potential for economicgrowth and well-being if some of its residents areunable to fully participate in the housing market.

Studies clearly show the relationship betweenhousing and education, access to jobs, and theability to build wealth. People who do not haveaccess to the full range of available housingchoices may not be able to live in neighborhoodsthat enhance their opportunities and their futuresuccess. When housing choices are limited bydiscriminatory housing practices and policies,communities and individuals are denied opportu-nities for growth.

Discrimination in housing and housing-relatedservices is prohibited by both the federal FairHousing Act and the Virginia Fair Housing Lawwhen it is based on race, color, national origin,religion, sex, familial status, handicap, and, inVirginia, elderliness (55 & over). We hope youfind this handbook helpful in understanding therights and obligations established by the fairhousing laws.

Fair Housing Why is it important?

Federal and State Fair Housing Laws

The earliest U.S. law addressing housing discrim-ination was the Civil Rights Act of 1866 (42U.S.C. 1982), enacted by Congress shortly afterthe passage of the 13th amendment, whichabolished slavery. Section 1982, as it is called,bars all refusals to rent or make housing moredifficult to obtain because of race, and prohibitsinterference by a third party as well. It also seeksto assure “that a dollar in the hands of a Negrowill purchase the same thing as a dollar in thehands of a white man” and thus prohibits, forexample, landlords from demanding higher rentsand stricter terms for black tenants than forwhites. This civil rights law has been applied tonational origin discrimination as well as racialdiscrimination. The most important aspect ofSection 1982 is that unlike later fair housinglaws, which under certain circumstances exemptsmall property owners from having to comply,there are no exemptions. Everyone must comply withthe Civil Rights Act of 1866.

The Civil Rights Act of 1866 was never veryeffectively enforced. In 1968, partly in responseto the assassination of Dr. Martin Luther King, Jr.and the urban riots that followed, the firstcomprehensive open housing law was passed.Title VIII of the Civil Rights Act of 1968 (42 USC3601 et seq.), also known as the Fair HousingAct, prohibited a broad range of discriminatorypractices based on race, religion, color, ornational origin. In 1974, discrimination based onsex was also made illegal.

Because many people throughout the countrywere still experiencing discrimination in housing,Congress amended Title VIII in 1988, addingfamilial status (families with children) andhandicap to the protected classes, broadeningthe range of prohibited practices, and strength-ening the enforcement mechanisms of the law.Title VIII is the primary legal basis for the enforce-ment of fair housing throughout the United States.The U. S. Department of Housing and UrbanDevelopment (HUD) has issued regulationssetting out its interpretation of Title VIII. Thoseregulations form the basis for administrativedecisions by HUD about whether or not discrimi-nation has occurred, and are given great weightby the courts.

Virginia has its own Fair Housing Law (VirginiaCode Section 36-96.1 et seq.), enacted in 1972,which in many ways mirrors Title VIII, and whichwas amended in 1989 to include the new feder-

ally protected classes, and again in 1991 and1994 to strengthen its enforcement provisions.Virginia law also protects the elderly (55 andolder) from housing discrimination. In addition,various localities in the state have their ownordinances, which may include additionalprotected classes.

Fair housing laws cover rental and sales transac-tions and other housing-related services such asmortgage or home improvement lending,homeowners insurance, and appraisals, as well asthe terms and conditions of how these servicesare provided before and during a housing-relatedcontext. The laws apply to all forms of residentialhousing, with a few, very limited, exemptions.

Other Related Housing Laws

There are other laws and regulations which, whilenot fair housing laws in the strictest sense, affordadditional protection against various forms ofhousing discrimination. On the Federal level,Section 504 of the Rehabilitation Act of 1973requires that programs (including housing)operated by federally supported entities(including housing), when viewed as a whole, beaccessible to and usable by people with disabili-ties and that they not exclude or limit participa-tion by people with disabilities. Title III of theAmericans with Disabilities Act, while notcovering residential housing units, does coveraccess to places that serve the general public,including rental and sales offices and commonareas open to the public. The Virginia Rights ofthe Disabled Act states that disabled persons areentitled to full and equal access to housing.

The Virginia Residential Landlord and Tenant Actsets out the rights and obligations of landlordsand tenants in Virginia. This is not a fair housinglaw, but violations of the VRLTA are frequentlymistaken for fair housing violations. The equiva-lent law for manufactured housing (includingmobile homes and trailer parks) is the VirginiaManufactured Home Lot Rental Act. As for allrental policies and procedures, application of theprovisions of these laws must be consistent or anindividual may be subject to a charge of discrimi-nation. While this handbook does not providecomprehensive guidance on landlordtenantissues, some information about the rights andresponsibilities of landlords and tenants may befound in this book under Tips for Tenants andTips for Landlords.

Fair Housing Laws

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Protected Classes

The concept of protected classes is simple -membership in a protected class cannot be usedas a basis for deciding whether or not to makehousing available or the terms on which housingis provided. It does not mean that housing orhousing-related services must be provided topeople who are unqualified. It does mean thatmembership in that class may not have anythingto do with the decision. For example, a landlordmay not refuse to rent to someone because of hisor her ethnic background (national origin).However, if that person has a poor credit ratingand excellent credit is required from all tenants,the landlord may refuse to rent on the grounds ofpoor credit.

The law does not dictate what a housingprovider’s standards or policies must be. It doessay, however, that everyone must be treatedequally and held to the same standards, and thatthose standards may have nothing to do with aprospective tenant’s race, religion, color, nationalorigin, sex, handicap, or familial status (and,under Virginia law, elderliness).

What are the protected classes?

Race, color, religion, national origin, sex, handicap,familial status, and in Virginia, elderliness. Some ofthese categories overlap. Their distinction in thelaw was intended to make the inclusive nature ofthe law as clear as possible, and to avoidarguments and loopholes based on definitions.

RACE: Members of all races are protected.

RELIGION: Discrimination because of someone’sreligion is prohibited, as is discrimination on thebasis of lack of religious practices. However,religious organizations may operate lodgings fortheir members under certain limited circum-stances.

COLOR: This prohibition includes discriminationbased on skin tone. For instance, darker skinnedblack people may not discriminate against thosewith lighter skins.

NATIONAL ORIGIN: Discrimination based onnational origin applies to discrimination becauseof the country of origin of a person, or of thatperson’s ancestors. All residents of the UnitedStates are protected, whether citizens or not.

SEX: It is generally prohibited to discriminate onthe basis of gender. As a narrow exception, wherethere is shared living space, it may be allowableto prefer a male or female roommate.

DISABILITY: A disability or handicap is definedvery broadly in the law as “a physical or mentalimpairment which substantially limits one ormore major life activities; a record of suchimpairment; or being regarded as having such animpairment.” It includes, but is not limited to,mental retardation, emotional illness, alcoholism,and AIDS and being HIV positive. Prior drugaddiction is also covered, although current illegaluse of a controlled substance is not.

Remember - you may not assume that member-ship in a protected class makes someone a lessdesirable tenant. You may, however, hold eachperson to the same standards of demonstratedbehavior to which you hold everyone else. Forexample, you may not assume that becausesomeone is mentally ill he or she will not be agood tenant. You may not ask whether someonehas a disability, nor may you investigate personswith disabilities any more thoroughly or ask themany more or different questions than you wouldsomeone who did not have a disability. However,if you find in the course of your standard applica-tion process that a person has a history of violentor disruptive behavior, you may turn that appli-cant down on the basis of that proven history.Nothing in the law requires you to rent tosomeone “whose tenancy would constitute adirect threat to the health and safety of otherindividuals, or whose tenancy would result insubstantial physical damage to the property ofothers.” You do need to be able to demonstratethat you have reason to believe that such wouldbe the case for a specific person. You may notpresume that someone with a disability is lesslikely to be qualified than someone withoutdisabilities, no matter what the disability inquestion is.

FAMILIAL STATUS: This category means familieswith children, including anyone under eighteenliving with someone who is either a parent, haslegal custody, or has written permission from theperson with custody to take care of the personunder eighteen. It includes persons who arepregnant, those in the process of securingcustody of a minor, and foster children. Housingfor adults only is not permitted, although there isan exemption from this prohibition for Housingfor Older Persons (for example, housing for theelderly where all residents must be 62 or older,and 55 and over retirement communities). Inother words, housing providers may not refuse torent (or apply different terms and conditions) tofamilies with children. This does not mean theycannot set reasonable occupancy standardslimiting the number of people per dwelling. Thestandards must be based on the number of

people, not the presence or number of children orthe ages of the children. Such standards mustnot be unreasonably restrictive because they mayoperate to exclude families with children even ifthey do not explicitly limit the number ofchildren.

ELDERLINESS: Virginia law prohibits discriminationon the basis of elderliness, which is defined asbeing 55 or older.

The federal law has seven protected classes –race, color, religion, national origin, sex, familialstatus, and handicap. Virginia law adds elderli-ness. In addition, some localities have their ownfair housing ordinances, which may addprotected classes not covered by state or federallaw. Among the characteristics that may becovered by local ordinances are marital status,source of income, or sexual orientation. In theselocalities you may not make decisions which takethese factors into account.

Practices That Violate Fair Housing Laws

It is against the law to refuse to rent or negotiatefor the sale or rental of a dwelling because ofmembership in a protected class, or to discrimi-nate against anyone because of a disability or thedisability of anyone living with or associated withthat person.

It is against the law to discriminate in the terms,conditions, and privileges of housing, or to denyor limit the services and facilities available inconnection with a dwelling on the basis ofmembership in a protected class.

It is against the law to engage in any conductthat restricts choices or “otherwise makesunavailable or denies dwellings” because ofmembership in a protected class. Perhaps themost common way in which people violate thisprovision is through steering. Illegal steeringpractices include showing housing only in partic-ular areas, not informing someone of housing inother areas, discouraging someone frominspecting a dwelling, exaggerating drawbacks,not informing someone of desirable features of aneighborhood or development, or assigningsomeone to a particular section of a communityor floor of a building, based on membership in aprotected class.

It is against the law to make any statement or toengage in any form of discriminatory advertising,written or oral, paid or unpaid, which indicatesany preference or limitation on the basis of anyprotected class.

It is against the law to provide inaccurate or falseinformation about the availability of dwellingsbecause of an applicant’s membership in aprotected class.

It is against the law to try to persuade a propertyowner to rent or sell by representing that personsof any of the protected classes are moving intothe neighborhood. This practice is known asblockbusting.

It is against the law to discriminate in the provision or terms of brokerage services. This is a protection for those engaged in the provision ofreal estate services, and precludes, among otherthings, setting different standards for member-ship in rental organizations based on membershipin a protected class.

It is against the law to threaten or interfere with anyone who is exercising any of the rightsprotected by the law. This prohibition extends not only to those seeking housing or a housing-related service, but also to those trying to providehousing for them or assist them in the exercise oftheir rights, such as an independent living centeror a fair housing organization. Employees ofhousing providers are also protected: adverseaction or the threat of any adverse action against anemployee who refuses to participate in a discrimina-tory housing practice is prohibited, as is retaliationagainst those who file fair housing complaints. Ifthreats or force are involved, there may becriminal as well as civil penalties.

Sexual harassment. You may not think of sexualharassment as a fair housing issue, but if it hasanything to do with housing, it is. If a landlordconditions a rental, or the terms and conditionsof a rental, on receiving sexual favors, he or sheis violating the law. If a maintenance personmakes response to requests for repairs condi-tional on sexual favors, that is a violation of thelaw. If a landlord creates an intimidating atmos-phere in which tenants are afraid of some form ofsexual pressure that too may be against the law.

It is unlawful to refuse to make reasonablemodifications or accommodations for personswith disabilities. Reasonable modifications arephysical changes to existing housing (including tocommon areas) that are necessary for a residentwith a disability to use and enjoy the dwelling.Reasonable accommodations are changes inrules, policies, practices or services that enable aperson with a disability equal opportunity to useand enjoy a dwelling.

Housing providers and others covered by fairhousing laws must allow persons with disabilitiesto make reasonable modifications to physical

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structures (such as installation of ramps or grabbars, widening of doorways, lowering countertops,etc.) to housing that are necessary to ensure fullenjoyment of the dwelling. The responsibility forcosts of modifications is generally on the personseeking the modification, except in “federallyassisted” housing, where the provisions ofSection 504 of the Rehabilitation Act of 1973put the payment obligation on the housingprovider.

In addition, housing and housing-related serviceproviders must make reasonable accommodationsto their policies and procedures for people withdisabilities if the accommodations are necessaryto afford full use and enjoyment of the dwellingand associated amenities. Many accommodationshave no associated cost, but where there arecosts, they are generally borne by the provider,unless they would impose an undue financial oradministrative burden.

It is unlawful to fail to design and construct newmultifamily housing in compliance with theaccessibility requirements of fair housing laws.Multifamily housing constructed for firstoccupancy after March 13, 1991, is required tomeet seven basic accessibility requirements:

• Accessible building entrance on an accessible route

• Accessible and usable public and common use areas

• Usable doors and doorways

• Accessible route into and through the covered unit

• Environmental controls in accessible locations

• Reinforced walls for grab bars

• Usable kitchens and bathrooms

More details on those requirements may be foundon HUD’s website (www.hud.gov) or at the FairHousing First website (www.fairhousingfirst.org).

Enforcement Of Fair Housing Laws

Persons who believe they have experienceddiscrimination related to housing have severaloptions. They can engage an attorney to take thecase directly to court, or they can file an adminis-trative complaint with the U.S. Department ofHousing and Urban Development (HUD) or theVirginia Fair Housing Office. Information on howand where to talk about or file a fair housingcomplaint and sample complaint forms (stapledto CENTER of Booklet) are on page 13.

WHEN TO FILE: Administrative complaints must befiled with HUD or the Virginia Fair Housing Officeno later than one year after the alleged discrimina-tory practice has occurred or terminated. Privatecivil actions in court must be filed within 2 yearsof the date of the discriminatory conduct. Thetime a case is being administratively investigateddoes not count in calculating the 2 year period tofile in court.

WHO MAY FILE: A complaint may be filed by anyperson who claims to have been injured by adiscriminatory housing practice or who will beinjured by a discriminatory housing practice thatis about to occur, including, for example, individ-uals, corporations, associations, legal representa-tives, and fair housing organizations.

WHERE TO FILE: Administrative complaints may befiled in person, by telephone, or by mail throughany office of the U.S. Department of Housing andUrban Development, or with the Virginia FairHousing Office of the Department of Professionaland Occupational Regulation. Complaints filedwith the Virginia Fair Housing Office will beconsidered “dual-filed” with HUD. Complaintsfiled with HUD are likely to be referred to theVirginia Fair Housing Office for processing underHUD’s agreements with substantially equivalentagencies. See the back of this booklet for theappropriate contact information.

HOW TO FILE: Complaints must ultimately be inwriting, signed and affirmed by the aggrievedperson filing the complaint, and provide thefollowing information:

1. The name and address of the aggrieved person

2. The name and address of the respondent(s)

3. A description and the address of any dwellingwhich is involved

4. A concise statement of the facts, includingpertinent dates, constituting the allegeddiscriminatory housing practice.

PROMPT JUDICIAL ACTION: A complainant mayrequest the agency to obtain a temporary injunc-tion or restraining order to maintain the statusquo (such as to prevent eviction or keep thehousing opportunity available) while the investi-gation proceeds. Requirements are the same asfor civil injunctive relief and may requireexpedited initial investigation to establish.

HOW THE PROCESS WORKS: The administrativeagency must send notices to the aggrieved person(complainant) and the respondent letting themknow that the complaint was accepted for investi-gation and providing a copy of the complaint. Aninvestigator is assigned to the case who will inter-view the complainant(s), respondent(s), and anywitnesses; and collect and review documents andany other information relevant to the investiga-tion. The agency has the authority to issuesubpoenas for witnesses or the production ofdocuments.

Investigations should be completed within 100days from the date the complaint was accepted.If the investigation will take longer, the agencymust provide notice and the reasons to theparties. The more information a complainant orrespondent can provide the investigator, thebetter. Complainants, or their representatives, aswell as respondents, should frequently monitorthe progress of the investigation into their cases.

CONCILIATION: Conciliation is a process leading tothe voluntary negotiated settlement of acomplaint. The process is encouraged and maytake place at any time during the investigation.Conciliation efforts are almost always initiated bythe administrative agency prior to the actualinvestigation. A successful conciliation results ina written agreement signed by all parties,including the administrative agency, whichprovides relief of some kind to the complainantand may include other affirmative relief such asrequirements that the respondent receive fairhousing training, change policies and/or proce-dures, or implement a variety of specific actions.Respondents generally do not admit to any viola-tions and the agreement closes the case. Concili-ation efforts may occur before, during, or afterinvestigation, but it is a voluntary process.Complainants or respondents can decline toparticipate; however, conciliation can allow theparties to reach a reasonable and mutually agree-able resolution to a complaint and can includemore creative terms than courts generally impose.

DETERMINATIONS: CAUSE OR NO CAUSE

a. No Cause: If the agency finds that the evidenceDOES NOT support a finding that reasonablecause exists to believe that a discriminatoryhousing practice has occurred or is about tooccur, the parties receive a letter of determina-tion summarizing the basis for the decision toclose the case and indicating how a copy ofthe final investigative report may be obtained.

b. Cause: If the agency finds that the evidenceDOES provide reasonable cause to believe adiscriminatory housing practice has occurred,a charge of discrimination is issued. A copy ofthe charge is sent to the parties. If HUD issuesthe charge of discrimination, the parties mayhave the matter litigated by HUD’s Office ofGeneral Counsel before an Administrative LawJudge or may elect to have the matter heard infederal court through the Department ofJustice. If the case is being handled by thestate agency, the Fair Housing Board or theReal Estate Board issues the charge ofdiscrimination and the case is referred to theOffice of the Attorney General which isrequired by the statute to file and maintain acivil suit on behalf of the aggrieved person inthe appropriate state circuit court.

REMEDIES:

a. Compensatory Damages

b. Affirmative/Injunctive Relief

c. Civil Penalties (Administrative Proceeding & State court) - up to $50,000 1st offense

d. Punitive Damages (Federal & State court) - no cap (VFHL §36-96.18.C)

e. Attorney fees to prevailing party

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Leasing an apartment

• Leases are usually impossible to break without court action.

• Get all agreements in writing.

• Inspect the apartment before moving in anddocument all problems in writing, then mailinga certified copy to the landlord.

• Read and understand your lease before signingand keep a copy for yourself.

What if landlord won’t make repairs?

• At the first sign of trouble, put your complaintin writing to the landlord and keep a copy.

• Never refuse to pay your rent because repairsare needed; instead, follow the legal process toset up an escrow account with the court.

• Report serious violations to your city/countybuilding inspector’s office.

Giving Notice/Terminating a lease

• If you want to move, make sure you know howmuch notice your lease requires before it ends.

• A landlord can’t ask you to move during yourlease period unless he/she can prove in courtthat you have violated the lease agreement.

• A landlord can’t change the terms of the leaseduring the middle of the lease term withoutyour written permission.

• Once the lease term is up, you or the landlordcan terminate the lease without having to givea reason.

What if I can’t pay my rent?

• If a landlord wants to evict you, he or she mustfirst take you to court.

• Always go to court when summoned; you mayhave explanations and can ask for more time.

• If you are evicted, you may still owe the rentfor the rest of the lease period.

• If your possessions are actually being removedfrom your property by the landlord and he/shehas not filed the eviction with the sheriff, youmay be able to get help from the police.

• Until your court-ordered eviction day, thelandlord has no additional rights to your

property. This means he/she cannot turn offutilities, change locks, or enter the propertywithout notice.

What if my landlord wants to evict me for problems?

• The landlord must prove in court that youviolated the lease.

• The landlord must give you a chance to fixmost problems before taking you to court.

• Until your court-ordered eviction day, thelandlord has no additional rights to yourproperty. This means he/she cannot turn offutilities, change locks, or enter the propertywithout notice.

Security deposits

• After you have moved out, the landlord has 45 days to refund your deposit or give a writtenexplanation of why you are not getting it back.

• If your landlord has held your security depositfor 13 months or more, you will be owedinterest on your deposit.

• You have the right to be present at the walk-through inspection after you move out, and the landlord must notify you of this right.

• Make sure you are not being charged forproblems that were there before you moved in.Do this by making sure you do a walk throughwhen you move in and saving a copy of theinspection report.

Illegal Inquiries

A landlord cannot ask an applicant or tenant ifthey (including family members) have a disabilityor ask questions about the nature of theirdisability; such as, “Why do you receive Supple-mental Security Income (SSI)?”, “Can you livealone?” or “Why were you in a treatment facility?”If a landlord has housing designated for or priori-tized for people with disabilities or to those whohave a specific disability, they must ask all appli-cants or interested individuals whether they havethe required disability. In this case, suchquestions are necessary to determine eligibility tolease a particular unit, such as units constructedwith accessible features for people with mobilityimpairments. Landlords must ask all applicantsthe same questions - income amount, rental references, criminal history, whether an individualis currently an illegal drug user, etc.

Tips for Tenants

How can a landlord tell if someone will be a good tenant?

Most good landlords want to know three thingsabout potential tenants:

• Will they pay the rent?

• Will they take care of the unit?

• Will they be a good neighbor?

Remember – landlords can’t tell the answers tothese questions just by looking at someone, andmaking assumptions may get them into trouble.Set clear standards that tenants must meet, andthen follow the same procedures to get theanswers from everyone.

Sufficient income: A landlord may decide on a rentto income ratio (like a monthly income threetimes the rent) and stick to it. Income may befrom employment, Social Security, VA benefits,child support, or any other dependable, regularsource. A landlord has the right to requiresomeone to document that the income comes inregularly, but should not require that it comefrom a job.

Do they pay their bills? A landlord may want to pullcredit reports. If so, pull them for every applicantand have clear standards about what you arelooking for (“good credit” doesn’t mean anythingby itself). You may require nothing on the creditreport below a certain score or you may only carethat there are no bad ratings or actions forprevious rental properties. You may want toignore medical bills. Write your standards downand stick to them.

Previous rental history: You may be able to getinformation from previous landlords. If you callfor rental references, do it for everyone. Decidewhat will be an acceptable reference, such as nomore than three late pays in a year or nocomplaints about noise.

There are special legal protections in place for people with disabilities:

What kinds of disabilities are included?

All kinds– mental, physical, and emotional.Examples are being blind or deaf, having amobility impairment or a mental illness, beingdevelopmentally disabled, or having AIDS.Alcoholism is considered a disability, as is beinga recovering drug addict, but current use of acontrolled substance is not covered. A landlordmay not ask about a disability unless it is neededto qualify someone for a particular program thatis for people with disabilities. A landlord may notask an applicant whether they have a disability(unless the disability is an eligibility requirementfor the housing), nor ask about the nature orseverity of a disability.

People with disabilities are expected to meet the same standards of tenancy as anyone else.

All tenants must keep up the unit, pay the renton time, and be reasonably good neighbors. Alandlord may need to make some adjustments, orreasonable accommodations, in normal policiesor procedures to make this possible for sometenants with disabilities.

What does a landlord or property manager have to do for someone with a disability?

The fair housing laws require landlords to make“reasonable accommodations” in policies orprocedures if requested and needed by someonewith a disability. For example, if there is a “nopets” policy, the landlord would still need to let adisabled person have a service, therapeutic orcompanion animal because those animals are notconsidered pets. In addition, no extra fees or petdeposits should be charged. Many accommoda-tions will have no cost; where there is a cost, thehousing provider is generally responsible unless itconstitutes an undue financial burden.

Tips for Landlords

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Can someone make actual changes to a unit if they have a disability?

Yes, physical modifications to dwellings must bepermitted within certain limits. If the housing isnot federally subsidized, the tenant is responsiblefor paying for the changes. If there is federalmoney involved, the housing provider may have topay for the changes. Reasonable modificationsmight include ramps, grab bars, or other changesthat allow someone with a disability to fully use aunit. Where the changes would interfere withsubsequent use by another tenant, it may bereasonable for a landlord to require the modifica-tions to be restored at the end of the tenancy.

Illegal Inquiries

A landlord cannot ask an applicant or tenant ifthey (including family members) have a disabilityor ask questions about the nature of theirdisability; such as, “Why do you receive Supple-mental Security Income (SSI)?”, “Can you livealone?” or “Why were you in a treatmentfacility?” If a landlord has housing designated foror prioritized for people with disabilities or tothose who have a specific disability, they mustask all applicants or interested individualswhether they have the required disability. In thiscase, such questions are necessary to determineeligibility to lease a particular unit, such as unitsconstructed with accessible features for peoplewith mobility impairments. Landlords must askall applicants the same questions - incomeamount, rental references, criminal history,whether an individual is currently an illegal druguser, etc.

Joint Statement of the Department of Housing &Urban Development and the Department of Justice:

Reasonable Modifications under the Fair Housing Acthttp://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf

In question and answer format, this documentdescribes the right to request to make reasonablemodifications to your dwelling unit and/orcommon and public areas to ensure full use andenjoyment of your housing.

Reasonable Accommodations under the Fair Housing Acthttp://www.hud.gov/offices/fheo/library/huddojs-tatement.pdf

In question and answer format, this documentdescribes the right to request a reasonableaccommodation concerning “rules, polices,practices, or services when such accommoda-tions may be necessary to afford a person with adisability the equal opportunity to use and enjoya dwelling.”

Discrimination in mortgage lending is prohibited by the federal Fair Housing

Act and HUD’s Office of Fair Housing and EqualOpportunity actively enforces those provisions ofthe law. The Fair Housing Act makes it unlawfulto engage in the following practices based onrace, color, national origin, religion, sex, familialstatus or handicap (disability). Note: In Virginia,elderliness (55 or over) is covered.

• Refuse to make a mortgage loan

• Refuse to provide information regarding loans

• Impose different terms or conditions on a loan,such as different interest rates, points, or fees

• Discriminate in appraising property

• Refuse to purchase a loan or set differentterms or conditions for purchasing a loan

HUD Fair Lending Studies

Pre-application inquiries about mortgage lendingfinancing options represent a critical phase in thehomebuying process. If potential homebuyerscannot obtain full and fair access to informationabout mortgage financing, they may give up ontheir pursuit of homeownership, their housingsearch may be restricted, or they may be unableto negotiate the most favorable loan terms. HUDhas conducted a number of studies to determinewhether minority homebuyers receive the sametreatment and information as whites during themortgage lending process. You can read more onHUD mortgage lending discrimination studies at:http://www.hud.gov/offices/fheo/lending/fairlend.cfm.

Subprime Lending

Subprime loans play a significant role in today’smortgage lending market, making homeowner-ship possible for many families who haveblemished credit histories or who otherwise fail toqualify for prime, conventional loans. A recentHUD analysis, based on Home Mortgage Disclo-sure Act (HMDA) and related data, shows thatthe number of home purchase subprime applica-tions increased from 327,644 in 1997 to783,921 in 2000. In 2003, subprime loansaccounted for approximately 8% of all mortgageoriginations; by 2006, subprime loans made up28% of all mortgage originations.

While the subprime mortgage market may serve alegitimate role, these loans tend to cost more andsometimes have less advantageous terms thanprime market loans. Additionally, subprimelenders are largely unregulated by the federalgovernment. Data shows blacks are much morelikely than whites to get a subprime loan, andmany of the borrowers who take out these loanscould qualify for loans with better rates andterms. As such, many have expressed fair lendingconcerns about the subprime market.

You can find out more about subprime lending issues at:

HUD’s website:http://www.hud.gov/offices/fheo/lending/subprime.cfm

Center for Responsible Lending website: http://www.responsiblelending.org/issues/mortgage

Housing Opportunities Made Equal of Virginia, Inc,website: www.phoneHOME.org

National Association of Realtors website: www.realtor.org see under Home Buyers and Sellers

Additional helpful information on mortgagelending and other consumer lending issues can be found on the National Consumer Law Center website: www.nclc.org

Guide to Fair Lending

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Buying or refinancing your home may be one ofthe most important and complex financialdecisions you’ll ever make. Many lenders,appraisers and real estate professionals will helpyou get a nice home and a great loan; however,too many misinformed or vulnerable homebuyersbecome victims of predatory lending or loanfraud. Understanding the home-buying processand being a smart consumer can protect you.Don’t fall victim to predatory lending!

What is Predatory Lending?

In communities across America, includingHampton Roads, people are losing their homesand their investments because of predatorylenders, appraisers, mortgage brokers and homeimprovement contractors who:

• Sell properties for much more than they areworth using false appraisals.

• Encourage borrowers to lie about their income,expenses, or cash available for down paymentsin order to get a loan.

• Knowingly lend more money than a borrowercan afford to repay.

• Charge high interest rates to borrowers basedon their race, national origin, gender, disabilityor elderliness and not on their credit history.

• Charge fees for unnecessary or nonexistentproducts and services.

• Pressure borrowers to accept higher-risk loanssuch as balloon loans, interestonly payments,and steep pre-payment penalties.

• Target vulnerable borrowers for cash-outrefinance offers when they know borrowers arein need of cash due to medical, unemploy-ment or debt problems.

• Strip ‘homeowners’ equity from their homes byconvincing them to refinance again and againwhen there is no net benefit to the borrower.

• Use high pressure sales tactics to sell homeimprovements and then finance them at highinterest rates.

Tips on Being a Smart Consumer

1. Before you buy a home, attend a homeown-ership education course offered by a U.S.Department of Housing and Urban Develop-ment (HUD) approved, non-profit housingcounseling agency.

2. Interview several real estate professionals(agents) and ask for and check referencesbefore you select one to help you buy or sella home.

3. Get information about the prices of otherhomes in the neighborhood. Don’t be fooledinto paying too much.

4. Hire a properly qualified and licensed homeinspector to carefully inspect the propertybefore you are obligated to buy. Determinewhether you or the seller is going to beresponsible for paying for any repairs. If youhave to pay for the repairs, determinewhether or not you can afford to make themand whether they are sound investment.

5. Shop for a lender and compare costs. Besuspicious if anyone tries to steer you tojust one lender.

6. Do NOT let anyone persuade you to make afalse statement on your loan application,such as overstating your income, the sourceof your down payment, failing to disclosethe nature and amount of your debts, oreven how long you have been employed.When you apply for a mortgage loan, everypiece of information that you submit mustbe accurate and complete. Lying on amortgage application is fraud and mayresult in criminal penalties.

7. Do not let anyone convince you to borrowmore money that you know you can afford torepay. If you get behind on your payments,you risk losing your house and all of themoney you put into your property.

8. NEVER sign a blank document or adocument containing blanks. If informationis inserted by someone else after you havesigned, you may still be bound to the termsof the contract. Insert “N/A” (i.e., not appli-cable) or cross through any blanks.

Protect Yourself from Predatory Lenders

9. READ EVERYTHING carefully and askquestions. Do not sign anything that youdon’t understand. Before signing, have yourcontract and loan agreements reviewed byan attorney skilled in real estate law,consult with a trusted real estate profes-sional, or ask for help from a housingcounselor with a HUD-approved agency. Ifyou cannot afford an attorney, take yourdocuments to the HUD-approved agencynear you. Find out if they will review thedocuments or can refer you to an attorneywho will help you for free or at a low cost.

10. Be suspicious when the cost of a homeimprovement goes up if you don’t acceptthe contractor’s financing.

11. Be honest about your intentions to occupythe house. Stating that you plan to livethere when, in fact, you won’t (because youintend to rent the house to someone else orfix it up and resell it) violates federal lawand is a crime.

What Tactics Do Predators Use?

• A lender or investor tells you that they are youronly chance of getting a loan or owning ahome. You should be able to take your time toshop around and compare prices and houses.

• The house you are buying costs a lot morethan other homes in the neighborhood, butisn’t any bigger or better.

• You are asked to sign a sales contract or loandocuments that are blank or contain informa-tion that is not true.

• You are told that the Federal Housing Adminis-tration insurance protects you against propertydefects or loan fraud – it does not.

• The costs or loan terms at closing are not whatyou agreed to.

• You are told that refinancing can solve yourcredit or money problems.

• You are told that you can only get a good dealon a home improvement if you finance it witha particular lender.

Housing counselors with HUD-approved agenciescan help you be a smart consumer. To find acounselor near you, call the HUD HousingCounseling Referral Line at 1-800-569-4287 orgo to HUD’s web site at www.hud.gov.

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Federal law prohibits housing discriminationbased on your race, color, national origin, religion,sex, family status, or disability. If you have beentrying to buy or rent a home or apartment and youbelieve your rights have been violated, you can filea fair housing complaint. There are several waysto file a complaint:

• You can file a complaint by using the HUD online form at:www.hud.gov/compaints/housingdiscrim.cfm.

• You can call toll-free 1-800-669-9777 to the HUD National Hotline

• You can fill out the following form, complete it, and drop it off at your local HUD office or mail it to:

Office of Fair Housing and Equal Opportunity Department of Housing and Urban Development,Room 5204 451 Seventh St. SWWashington, DC 20410-2000

• You can write a letter with the following information and mail to the Fair Housing Hub address for your area:

n Your name and address

n The name and address of the person your complaint is about

n The address of the house or apartment you were trying to rent or buy

n The date when this incident occurred

n A short description of what happened

For Delaware, District of Columbia, Maryland,Pennsylvania, Virginia, and West Virginia:

Fair Housing Hub U.S. Department of Housing and Urban Development The Wanamaker Building100 Penn Square East, 12th Floor Philadelphia, Pennsylvania 19107-3380

(215) 861-7646 • 1-888-799-2085TTY (215) 656-3450

You can also contact the Virginia Fair HousingOffice about possible housing discrimination, oryou may contact HOME for assistance or the fairhousing officer of your local jurisdiction. Theircontact information is included at the back ofthis handbook.

Housing Discrimination Complaints

Housing Discrimination Information FormIf you don’t report discrimination, it can’t be stopped!

• If you believe your rights have been violated,HUD or a state or local fair housing agency isready to help you file a complaint.

• You have one year from the date of the allegedact of discrimination to file your complaint.

• After your information is received, we willcontact you to discuss the concerns you raise.

Instructions: (Please remove the form attached inthe center of this booklet. Please type or print.)

Read the form carefully. Try to answer allquestions. If you do not know the answer or aquestion does not apply to you, leave the spaceblank. You have one year from the date of thealleged discrimination to file a complaint. Your form should be signed and dated.

Keep this information for your records.

Date you mailed your information to HUD:

(mm/dd/yyyy) _______________________________

Address to which you sent the information:

Street:_____________________________________

City: ______________________________________

State:__________ Zip Code:__________________

If you have not heard from HUD or a fair housingagency within three weeks from the date you mailthis form, you may call to inquire about thestatus of your complaint. See addresses andtelephone listings at the end of this booklet.

Save Energy and Money Today

Did you know that the typical U.S. family spendsmore than $1,600 a year on home utility bills?Unfortunately, a large portion of that energy iswasted. And electricity generated by fossil fuelsfor a single home puts more carbon dioxide intothe air than two average cars. And as for the road,transportation accounts for 66% of all U.S. oilconsumption. The good news is, there is a lot youcan do to save energy and money at home and inyour car. Start making small changes today (seethe tips below).

The key to achieving these savings in your homeis a whole-house energy efficiency plan. To take awhole-house approach, view your home as anenergy system with interdependent parts. Forexample, your heating system is not just afurnace—it’s a heat-delivery system that starts atthe furnace and delivers heat throughout yourhome using a network of ducts. Even a top-of-the-line, energyefficient furnace will burn a lot offuel if the ducts, walls, attic, windows, and doorsare not insulated and leak. Taking a whole-houseapproach to saving energy ensures that dollarsyou invest to save energy are spent wisely.

Energy-efficient improvements not only makeyour home more comfortable, they can yield long-term financial rewards. Reduced utility bills morethan make up for the higher price of energy-efficient appliances and improvements over theirlifetimes. In addition, your home could bring in ahigher price when you sell. There are easy,practical solutions for saving energy include tipsyou can use today, throughout your home—fromthe roof, walls, and insulation that enclose it tothe appliances and lights inside.

Tips to Save Energy Today

Easy low-cost and no-cost ways to save energy.

• Set your thermostat comfortably low in thewinter and comfortably high in the summer.Install a programmable thermostat that iscompatible with your heating and coolingsystem.

• Use compact fluorescent light bulbs.

• Air dry dishes instead of using yourdishwasher’s drying cycle.

• Turn off your computer and monitor when not in use.

• Plug home electronics, such as TVs and DVD players, into power strips; turn the powerstrips off when the equipment is not in use(TVs and DVDs in standby mode still useseveral watts of power).

• Lower the thermostat on your hot water heaterto 120° F.

• Take short showers instead of baths.

• Wash only full loads of dishes and clothes.

• Drive sensibly. Aggressive driving (speeding, rapid acceleration and braking)wastes gasoline.

• Look for the ENERGY STAR® label on home appliances and products.

ENERGY STAR® products meet strict efficiencyguidelines set by the U.S. Environmental Protection Agency and the U.S. Department sof Energy.

For more information, checkhttp://www.doe.gov/yourhome.htm

Energy Star Information

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Where to Get Informationon Fair Housing

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GENERAL INFORMATION

U.S. Department of Housing and Urban DevelopmentRichmond Field Office toll free 1-800-842-2610

804-771-2100

HUD Fair Housing and Equal Opportunity Complaint Hotline 1-888-799-2085

Virginia Fair Housing Office www.dpor.virginia.gov 9960 Maryland Drive, Suite 400Richmond, Virginia 23233

(Department of Professional & Occupational Regulation) 804-367-85301-888-551-3247 (TDD 804-527-4290)

HOME (Housing Opportunities Made Equal) www.phoneHOME.org(Richmond) 804-354-0641(TTY/TDD) 804-237-7545

DHCD (Department of Housing and Community Development)(Landlord/Tenant Handbook) 804-371-7000

Hampton Roads Community Housing Resource BoardContact: Sylvia Hill 757-385-5754

The Greater Hampton Roads Realtors Association/ Equal Opportunity in Housing Committee

Virginia Beach Office 757-473-9700Chesapeake Office 757-465-0884

Endependence Center vclay@endependence.org Contact: Vantoria Clay, Housing & Transportation Coordinator 757-461-8007

(TDD) 757-461-7527(FAX) 757-461-5375

Hampton Roads Local Government FAIR HOUSING OFFICES

Chesapeake Redevelopment & Housing AuthorityContact: Arthurine Peacock, Arthurine_peacock@crhava.org (757) 233-6403

TTY/TDD (757) 523-1316

Hampton Community Development Department,Housing and Neighborhood Services Division

Contact: Angelique Shenk, ashenk@hampton.gov (757) 727-6140TDD/TTY 1-800-828-1140 or 711

Newport News Office of Human AffairsContact: Emmagene Slade, eslade@oha.orgRosa Terry, rterry@oha.org (757) 247-6747

TDD/TTY 1-800-828-1140 or 711

Virginia Beach Department of Housing & Neighborhood PreservationContact: Sylvia Hill, shill@vbgov.com (757)385-5754

TTY/TDD (757) 385-5794

Norfolk Bureau of Community Enrichment Contact: Acquanetta Ellis, Acquanetta.ellis@norfolk.gov (757) 823-4290

TTY/TDD 1-800-828-1140 or 711

Portsmouth Redevelopment and Housing Authority Contact: Daniel Best, dbest@prha.org (757) 391-2911

TTY/TDD 1-800-545-1833 x869

Suffolk Department of Planning and Community DevelopmentContact: Lysandra Shaw, lmshaw@city.suffolkva.us (757) 514-4060

TDD/TTY 1-800-828-1140 or 711

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Notes

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What Fair Housing Means for People with Disabilities in Virginia. Virginia Fair Housing Office, 2003,Judge David L. Bazelon Center for Mental Health Law, Washington, DC. To request a copy, call or email the Virginia Fair Housing Office at (888) 551-3247 or fairhousing@dpor.virginia.gov.

TABLE OF CONTENTS

Fair Housing — Why is it important? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Fair Housing & Related LawsFederal & State Fair Housing Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Other Related Housing Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Protected Classes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Practices that Violate Fair Housing Laws . . . . . . . . . . . . . . . . . . . . . . . 4Enforcement of Fair Housing Laws . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6

Tips for Tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Tips for Landlords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9

Guides to Fair Lending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Protect Yourself from Predatory Lenders . . . . . . . . . . . . . . . . . . . . . . . . 11-12

Housing Discrimination Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Housing Discrimination FormInstructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Form . . . . . . . . . . . . . . . . . . . . . . . . . . Stapled into CENTER of Booklet

Energy Star . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Where to Get Information on Fair HousingGeneral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Hampton Roads Local Government Fair Housing Offices . . . . . . . . . . . 16

This booklet was produced under a grant from the U.S. Department of Housing and Urban Development to Housing Opportunities Made Equal of Virginia, Inc.,in cooperation with the Hampton Roads CommunityHousing Resources Board (HRCHRB), an organizationof area REALTORS®, local government officials, andhousing advocates. The substance is dedicated to thepublic. The author and publisher are solely responsiblefor the accuracy and interpretations contained in thispublication. Such interpretations do not necessarilyreflect the views of the Federal Government.

COVER: Nicholas Wilfong, Winner of the 2010Hampton Roads Community Housing Resource BoardPoster Contest.

Published 2012

FAIR HOUSING HANDBOOK

Hampton Roads Community Housing Resources Board

&

Housing Opportunities Made Equal of Virginia, Inc.