Let’s Talk Housing Discrimination –

Tenant Focus Group

Housing Matters Forum

October 3, 2019

Agenda

• Welcome• Fair Housing 101

Jorge Laura, Arlington County Education and Outreach Coordinator

• Analysis of Impediments overviewJoel Franklin, Arlington County Housing Planner

• Group discussion• Group sharing and next steps

Fair Housing 101

Fair housing is the right of all individuals to obtain the housing of his or her choice, free from housing discrimination based on race, color, religion, gender, disability, family status, national origin, or other protected characteristics.

What is fair housing?

What does it mean to “affirmatively further fair housing”?

“Affirmatively furthering fair housing means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.”

Fair Housing Act

The Civil Rights Act of 1866 Prohibits racial discrimination in the

purchase, sale or rental of real and personal property.

Fair Housing Act Title VIII of the Civil Rights Act of 1968, as

*amended(1988), prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status, and disability.

Fair Housing Laws

Race - tenant, tenant’s family or friends

National Origin Sex Color Religion

Family Status Disability Marital Status – not federal

or state, only Arlington

Sexual Preference not federal or state, only Arlington

Elderliness – only in Virginia - under Virginia law, defined as 55 or older

Protect people from discrimination based on:

Fair Housing Laws Apply to:

Renting Buying Lending Prospective

home seekers

Residential dwellings:* Multifamily dwellings(apartments)

* Condos* Single family dwellings

(houses)* Duplexes* Residential motels* Transitional shelters* Mobile Home Parks* Residential vacant lots

Disability: Mental and/or Physical

Defined as someone who:1. Has a physical or mental impairment that substantially

limits one or more major life activities. Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working.

2. Has a record of having such an impairment.3. Is regarded as having such an impairment.

* includes persons with AIDS, hoarding, PST, etc.* does NOT include current users of illegal drugs.

Reasonable Accommodations – Changes to policies Reasonable Modifications – Structural changes

Exemptions to the FHA

1. Racial discrimination is never entirely exempt as it is covered by other civil rights laws;

2. Discriminatory advertising is never exempt.3. Religious organizations/private clubs can give preference to members if

membership is not limited based upon protected class4. Housing for Older Persons -exempt from familial status protection if

housing qualifies as:* State or federal housing programs for the elderly* housing for persons 62 and over* housing for persons 55 and over (must have facilities and

services specifically designed to meet the needs of older persons, and be 80% occupied by a person 55 years or older, and have policies and procedures demonstrating intent to provide housing for those over 55).

Fair Housing Complaints

Arlington County Human Rights Commission703-228-3929 703-228-4611 (TTY)703-228-4390 (fax) Email: sperez@arlingtonva.us

Virginia Fair Housing Office(804) 367-8530 or (888) 551-3247TDD: Virginia Relay 7-1-1FAX: (866) 480-8333 Email: FairHousing@dpor.virginia.gov

HUD Office of Fair Housing and Equal Opportunity (FHEO)1-800-669-9777(English/ Español) 1-800-927-9275(TTY)www.hud.gov/fairhousing

U.S. Department of Justice – Housing and Civil Enforcement Division1-800-896-7743 Email: fairhousing@usdoj.gov

Analysis of Impediments to Fair Housing Choice (AI)

What is the AI?•Serves as a component of the effort to “affirmatively further fair housing”

•Review of:•Demographic data

•Metrics of discrimination and disparity

•Administrative policies, procedures and practices

•Draft analysis (September 2019) will be used to develop strategies with stakeholders

Demographic Overview• Population has steadily increased

• Ethnic diversity has remained stable

• Significant income and poverty rate disparities for members of the protected classes Black adults comprise 83% of homeless individuals

while making up only 9% of the general population

Non-White households are much less likely to own their homes.

Foreign-born residents generally have lower educational attainment and income

Housing and Neighborhood Overview

• Cost burden is the most prevalent housing problem

• The racial/ethnic groups with disproportionate housing need are Black and Hispanic homeowners and renters

• Black and Hispanic residents are more likely to live in areas with lower performing schools

• Non-White applicants were denied mortgages at nearly 2.5 times the rate of White applicants

Policy Overview

• The Affordable Housing Master Plan encourages development of affordable housing throughout the County

•There is a limit placed on the number of unrelated persons that can live together

• The majority of land area is zoned for single-family units, which can limit the ability to create affordable units

Schedule• Fall 2019 to Spring 2020 – continue citizen participation

• Summer and Fall 2020 – develop draft AI and Fair Housing Goals and Priorities

• Winter 2020 to Spring 2021 – review draft with stakeholders

• May 2021 – Submit to HUD

•Ongoing – Regional Assessment of Fair Housing

Questions?

For more information –Arlingtonva.housing.us/housingmatters

703-228-3765

Discussion Questions –Tenant Focus Group

1. What do you like about your neighborhood and place where you live?

2. Do you know your rights and responsibilities if you feel you’ve been discriminated against?

3. Have you had problems with finding/renting an apartment?

Discussion Questions –Landlord Focus Group

• How do you ensure that your staff is trained and up to date on fair housing policies?

• How do you advertise your properties and how do you select residents?

• What is your company’s policy on acceptance of rental subsidies – Housing Grants, Housing Choice Vouchers, Permanent Supportive Housing and others?

• What challenges do you face as a landlord?