Fair Housing Handbook

8/14/2019 Fair Housing Handbook

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housing

Prepared by:ACCESSLIVING115WestChicago venueChicago,IL0610(3t2) 640-2100voice)(312)640-2101fax)(3r2) 40-2102rrY)March2002(Updated ugust2003)

Thispublication as madepossiblewith he supportof the FairHousing nitiatives rojectof the U.S.Department f Housing nd UrbanDevelopmentNOTE: Thispublicationisforenerqlnformationpurposesnly. ndividual asesndcircumstancesvarywidand the aw is subjecto changeat any time hroughCongressionalr udicial action. For specificquestionplease eek ssistancerom a lawyeror call Access iving at (3 2) 640-2 00 (voice)or (3 2) 640-2 02 gfQ.

rightsofpeoplewithdisabilities


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Housing ightsof peoplewith disabilit ies Page1

Under anti-discrimination laws, a person has a

must fall within the law'sdef in i t ion. The U. SCongress has estimated that43 million Americans have adisability as defined byfederal civil rights laws."disability"if he or she:

Has a physical or mental impairmentOR a record of such impairmentthat substantially limitsone or more major life actiuities.

What is a "physical or mental impairment'?It can be any medically-documented physical or mental limitation Theseinclude persons n wheelchairs and personswho are blind or deaf, but also personswith AIDS,HIV and who are obese.

what s ildisability?

NOTE: This definition does not apply toevery aw orprogram concerning peoplewith disabilities. Laws and programsusing different definitions include. Supplemental Security Income(SSDeligibility. Special education eligibility(under the Individuals withDisabilitiesEducation Act)

Anti-discrimination laws that protect personswith disabilities, such as the Fair HousingAct, define the term "disability." To beprotectedunder the law, a person'sdisability

"Disability" does not include:Impairments that can be correctedthrough prosthet ics , eyeglassesmedication or other means. Examplesmay include diabetes, epilepsy orschizophrenia.Currentdrug or alcohol abuse (however,persons in recovery are covered).


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Housing ightsof peoplewith disabilit ies Page2What is a "major life activity'?Any actiuity, so long as it is of central importanceto t};redaily life of.mostpeople, Examples nclude walking, self-care,breathing, reading, and reproductionA particular task related to a person's job will usually not count as a "major lifeactivity."What does "substantially limit" mean?The impairment must severelylimit the major life activity. Minor limitations arenot enough.

NOTE: What if someone thinks you have a disability, but they are wrong?The law protects a person who suffers discrimination because someone regardsas hauing a disability even if the person does not have an actual disability (impairment that substantially limits a major life activity).However, to be covered under the law, the person must be believed to have a disabilityas the law defines it - an impairment which substantially limits a major life activity.Thus, prejudice or discomfort with a person's impairment - absent a belief thelimits the person in anv activities - will not suffice.


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Housing ightsof peoplewith disabilit ies Pagenoll- The federal FairHousingActwas amended n1988 o prohibit discrimination againstpeoplewith disabilities in the sale, rental,management or administration of.housing.Under the Fair Housing Act, it is iIIegaI:. To refuse to seII or rent housing to a person because of the person'sdisability

To refuse to sell or rent to a person, whether disabled or non-disabled,because someone else with a disability wiII be liuing in the house orapartmentTo refuse to sell or rent because a person, whether disabled or non-disabled, is associated with someone who has a disability.

What "housing" does the Fair Housing Act cover?Private dwellingrs (houses and apartments), including government-subsidized housirtg, are covered.Shelters and other temporary living quarters are covered.

What isn't covered?Hotels. However, hotels are subject to the accessibility requirements for"public accommodations" under the Americans with Disabilities Act.Owner-occupied buildings with four or fewer units.


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Housing ightsof peoplewith disabilit ies Page4reasonableaccommod-ationsWhat is an accommodation or modification?

A changeto a general policy, practice or senrice that takes into accounta person's disability.

D scr iminat ionand exclusionexist in manyforms. The FairHousing Act recognizes thatphysical barriers or acrossthe-board pol ic ies andpractices may be just asdiscriminatory as hanging asign that says "No Disabled Need Apply." The Actthus requires housing providers to make reasonableaccommodations and modifications to affordpeople with disabilities the equal opportunity to

use and enjoy a house or apartment.

Waivinq a "no pets" policv so that a r,ercon with a disabilitv mav keep a support dog.

Removal of a physical barrier or installation of a deuice that allows aperson with a disability to overcome a barrier preventing access.bars in a bathroom so that it may be used by people in wheelchairs.

When is an accommodation or modification "reasonable?"An accommodation or modification is reasonable unlessitwould undulyburden

the housing provider or fundamentally alterthe housing.. tlndue Burden is when a housing provider cannot reasonably afford toprovide a requested modification. UsuaIIy, this is a question of money.Whether a housing provider must provide or install a modification wiIIdepend on a) the cost of the modification and b) the housing provider'sfinancial resources.


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Housing ightsof peoplewith disabilit ies PageFundamental Alteration is when a proposed accommodation, such as achange in rules, would be so fundamental that it would substantiallyimpair or compromise he housing provider's goals or businesspurposes

of a Fundamental Alteration: A not to pay rent.

Modifications or accommodations within an indiuidual house or apartment:Under the Fair Housing Act, when a modification is solely withinthe individualhouse or apartment, the resident must pay for the modification. However, thehousing provider cannot refuse permissionto make the modification if it is reasonable.

of a Reasonable Modification Within anAparhnent:I: bars n the bathroom.If the house or apartment is rented, the landlord may, if reasonable, require thatthe tenant restorethe interior of the house or apartment to its original state (howtheapartment looked before the modification was installed) when the tenant moves out.The tenant does not have to restore damage caused by reasonable wear and tear.


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Housingights f people ithdisabilities Page6

GI&ffigwFe The Fair Housing Act placesadditional requirements on newly-constmcted ("new") buildings.New residential buildings must be

constmcted so that people withphysical disabilities can use theapartments and public areas.buildingsWhat is a "new" building?Any building that was first occupied(i.e., the first resident moved n) on or after

March 13, 1991.NOTE: Why March 13, 1991?This date is exactly 30 months afterCongresspassed he amendments to theFair Housing Act covering peoplewithdisabilities. Thirty months wasthe"graceperiod" buildershad to complywith the AcL

Which "nevu" buildings are covered?Any building with four or moreapattments is subject to the Act's newconstnrction reguirements. Single familyhomes and townhomes are not covered.

If the building has four or more apartments, how many must be usable bypeople with disabilities?If the building has an elevator:Every apartmentIf the building does nothave an elevator:Ground floor apartments only

What must a new apartment contain to be "usable"? The reguirements aredesigned to allow residents with mobility disabilities to use and easily modify anapartmentto make it fully accessible. This is sometimes called "universal design."


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Housing ightsof peoplewith disabilit ies Page7For each apartment coveredunder the law, the Fair Housing Act requires:

An accessible route for people in wheelchairs to enter and move throughthe apartmentAccessible light switches, thermostats, and enuironmental controls

Which means No higher than 48 nches/no lower than 15 inches romtheDoorswide enough to allow passage by a wheelchair

Which means 36 inch wide doors eadingout of the apartment/ 32 nch wide doorswithin the apartment

Bathroom walls must be reinforcedfrom behind to allow the resident (atthe resident's expense) o install grab harsfor wheelchair users or otherswith mobility impairmentsKitchens and bathroomsinwhich aperson in a wheelchair can maneuver

Which means:. At least 48 square nchesof floor space,and. Slnks that either:. have a clear spacebelow (soaperson in awheelchair can approachhead-on),or. are far enouqh from walls to permit parallel wheelchair approach

NOTE:Aren't these requirements expensive?iVo. A HUD study found that theseusability design requir ements ncre asedconstruction costs on new huildings by/ess than onepercent.Would a non-disabled person want torent a "usable" apartment?Yes. "Usable"or "universal" design doesnot ohviously alter the appearanceof theapartment or building. Indeed, manypeopleappreciate the convenience hatwide doorsand extra floor spaceoffer.

What are the requirements for commonareas?At least one building entrancemust be on an accessible route.Evety public use and commona r e a m u s t b e r e a d i l Y(immediately) accessible to andusable by people with disabilities.


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Housing ightsof peoplewith disabilit ies Page8Public or subsidized housing is covered

I I O by two federal anti-discrimination laws:

pUDllC H:",,#,,*"j.'sandh$u$fim$ Sect ion 504 of theRehabilitation Act("Section504")While public and government-subsidized housing must follow the Fair HousingAct, as explained earlier, Section 504 places additional obligations on providers of

public or government-subsidized housing.What is Section 504?Section 504 prohibits anyone who receives federal financial assistance fromdiscriminating on the basis of disability. Generally, public housing authorities receivefederal assistance, as do private landlords who own units that are subsidized (asopposed to a Section 8 voucher, where the tenanf,is subsidized.)Reasonable accommodations or modificationsJust like the Fair Housing Act, Section 504 requires public housing providers tomake reasonable accommodations and modifications for tenants with disabilities.However, unlike the Fair Housing Act, Section 504requires the public housing providerto always pay for the modification, even if it is located within an indiuidualapartment, provided the cost is not unreasonable.Requirements for "new" buildingsAny public housing first occupied on or after June 1988must complywith Section504'snew construction requirements. A renovated projectis considered "new" if:

The project has 15 or more apartments, anr:dThe cost to renovate is 75 percent or more of the cost to replace thebuilding entirely.


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Housing ightsof peoplewith disabilit ies Page9Requirements for New Buildings under Section 504:

Five percent or at least one apattment, whichever is greater, must beaccessible to and usable bypeople with mobility disabilities (e.9. peoplewho use wheelchairs).Two percent or at least one apartment, whichever is greater, must beaccessible to persons with hearing or uision disabilities,

NOTE: New public housing mustcomply with both Section 504 and theFair Housing Act. Thus, in a buildingwith four or more apartments, fivepercent must be immediatelyaccessibleunder Section 504, andevery other apafiment (or ground floorapartment if there is no elevator) mustcomply with the Fair Housing Act.

Accessible units must be distributedthroughout the development, rr:ol clustered,and should represent the types of housingavailable. For example, not aII accessibleaparlments should be one-bedroom if twobedroom aparlments are offered.Section 504'sAccessibility Requirements:An "accessible" aparlment under Section 504must comply with the Uniform FederalAccessibilityStandards. These canbe obtained at www,access-board.gov/ufas. orbycontactins HUD at (2O2)755-5404 TDD: (202)708-01L3or (800)877-8399).

or Differences Between Section 504 and the Fair Housins ActPercontagefNewUnitsRequiredo beUCable y Feople, "with Disabilitibs

;,Falr outingA c t ' '. t , " '

. i:::::si{?;:}li

March13,1991 Residentialbui ldings i th4or moreapartments

Withan Elevator:Every partmentWithout nElevator:Ground-floorapartments

"Universalesign":SeeAmericanNat'lStandardsnstitute(ANS|) 17.1Tenant

,ir'l:r iil1i

June1988 Federally-funded ousingdeveloomentsMoblityD sabilties:Five 5)% oroneunitHearingDisabilities:Two 2)% or oneunit

lmmediateaccessibilitySeeUniformFederalAccessibilitySfandardsUFAS)

Landlord


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Housing ightsof peoplewith disabilit ies

filing a

complaintDeadline for filing a complaint:A HUD complaint must be filed rz writing withinoccurrence or tl;':e ermination of discrimination.

Page 0The U.S.Departmentof Housing and Urban Developmen(HUD) nvestigatescomplaints of housing discriminationby peoplewith disabilities (as well as race,gender, andfamilial status). In lllinois,persons who wish to file acomplaint should contactHUD at the followingaddress:

one year of either the

U.S.Department of Housing and Urban DevelopmentOffice of Fair Housing and Equal Opportunity77 West Jackson Street, 21"'Floor

Chicago, L 60604Tet(800) 669-9777TTY:(800) 543-8294

NOTE: If the problem is ongoing the discriminatory act will not "terminate" until the problem iscorrected.Time to complete investigation:HUDgenerallyhas 100days to investigate and issue findings, but cantake extratime if necessary. If HUD cannot complete its investigation within 100days, it mustsend a written notice to the personwho filed the complaint explaining the reasons orthe delay.Conciliation:The Fair HousingAct requiresHUD o conciliatehousingcomplaints.This meansHUDwill try to negotiate a settlementbetween the person iling the complaint and thehousing provider before it completes ts investigation.


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Housing ightsof peoplewith disabilit ies Page 1Findings:If the casedoes not settle,HUD ssues indings. Theseconcludeeitherthat a) nodiscrimination occurred, or b) that there is reasonable cause to find thatdiscrimination occurred.If HUD finds "reasonablecause":HUD will try the case against the housing provider before a HUD AdministrativeLaw Judge. However, either the person who filed the complaint or the housingprovider has the right to have the case heard in Federal Court. This right must beexercised n writingnot more than 20 days after HUD issues its findings. If the casegoes o FederalCourt, he U.S.Departmentof Justice ries the case.

NOTE: HUD may refer complaints to state and city human rights agencies for investigation andenforcement when it determines uhe state or city has laws that provide substantially the samerightsas does the federal Fair Housing Act. IMhile complaints are still filed with HUD, HUD wiII refer thematter to the state or city human rights agency instead of investigating on its own.HUD's Region Soffice,located in Chicago, seryes lllinois, Indiana, Michigan, Ohio, Minnesotaand Wisconsin. This office refers complaints from the following cities to that, city's human rightsagency:

Sprtngfield,IL Gaty, IN Dayton, OIIEIkhafi,IN lIammond,IN Partna, OEFort Wayne, IN South Bend, IN Shaker Ileights, OEAs of 2003,HUD hadpreliminarily certified the lllinois Department of IIuman Rightsto handle cases. As of 2003, HUD was referring some (but not all) complaints to IDHR fot investigation.

Complaints from Michioan are referred to that, state's humanOther investigative agencies: The following state and local agencies investigatediscriminatory housing complaints under state and local laws:

Illinois Department of Human Rights Chicago Commission on Human Relations100 West Randolph Street, Suite 10-10O (City of Chicago residents only)Chicago, IL 60601 740 North Sedgrwick,Third FloorTek (3121814-6200/TTY:3121263-t579 Chicago, IL 60610TeI (312') 44-4lrtCook County Commission on Human Rights TTY: (312)744-tO88(Cook County residents only)69 West Washington Street, Suite 2900Chicago, L 60602-3007Tet (312)603-1100/TTY:(312)603-1101


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Housing ightsof peoplewith disabil it ies Page 2Access iving'sFair HousingEnforcement roject

Access ivings a Center or Independentiving stablishednder he ederalRehabilitatAct of 1973. lts mission s to promote he equal participation f citizenswith disabilitiesnAmerican ociety.With support rom he U.S.Departmentf Housing nd UrbanDevelopmeAccessLiving'sFair HousingEnforcement roject ducates eoplewith disabilitiesn the ir rightand nvestigatesomplaintsf discriminationypeople ithdisabilit ies.An important art of AccessLiving's nforcementf fair housings "testing" f housinproviderso ensure ompliance ith anti-discriminationaws. As the U.S.SupremeCourtharecognized,eoplewho discriminater exclude eoplewithdisabilit ieso not usually dmit heare doingso. Instead,hey offerpretextualeasonshat mask heir intent o discriminate.Todetermine hether iscriminationasoccurred, disabled nd non-disabledesterwillseparatesimulate housing earchand gather nformationn available ousing. Their comparatiexperienceselp determine indeed,may be the onlyway to determine whether xclusio

based n disabilityasoccurred.AccessLiving ecru its nd trains esters o investigateomplaints f housing iscriminatibasedon disability.AccessLivingadministers comprehensiverainingprogramor its testerto ensure he data heycollects objective ndreliableor comparativese andanalysis. f AccesLiving eterminesisability-basediscriminationasoccurred,t may be able o provide dvocacand egal ssistance.lf you suspect ou have been he victimof housing iscrimination,ccessLivingmay beable o investigateour claim hrough esting. In addition, ccessLivingencourages eoplewithandwithout isabilitieso serveas airhousingesters.lf you would ike o reportsuspected iscrimination,r are interestedn serving s a testeplease al l 312)640-2100voice)or (3121640-2102TTY) and ask or heTestCoordinator, arJo

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