The fair housing act 2


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The fair housing act 2

  1. 1. The Fair Housing Act• Amendments of 1988• Reasonable Modification• Reasonable Accommodation
  2. 2. Interaction with other law• Section 504 of the Rehabilitation Act• ADA title II and III• California Fair Employment and Housing Act• California Unruh Civil Rights Act
  3. 3. The Fair Housing Act(42USC3601)• (also known a Title VIII of the Civil Rights Act)
  4. 4. • Prohibits discrimination in • the sale, rental, financing, or advertising of housing on the basis of race, color, religion, or national origin
  5. 5. • Gender was added in 1974• Disability and familial status were added by the Fair Housing Act Amendments of 1988
  6. 6. • Housing for seniors that meets certain criteria is exempt from the Act’s prohibition of discrimination against families with children
  7. 7. • The Act does not apply to the sale or rental of any single- family house by an owner, provided specific conditions are met(Handout)• The prohibitions against discriminatory advertising continues to apply
  8. 8. Amendments of 1988
  9. 9. • Applies to zoning practices of local governments that operate to restrict access to housing by people with disabilities
  10. 10. • Reasonable Modification –Allow tenants to make reasonable, necessary physical modification to their units at the tenants expense
  11. 11. • Reasonable Accommodation –Requires a provider to make changes to its rules, policies and procedures to allow equal access to housing
  12. 12. • Requires new construction or rehabilitation of all residential building of four or more units, first occupied after march, 13, 1991 have at least one accessible building entrance on a accessible route of travel
  13. 13. • Common use areas are readily usable by and accessible to persons with disabilities
  14. 14. • All doors designed to allow passage into and within all premises must be wide enough for a wheelchair• An accessible route into and through the dwelling unit
  15. 15. • Light switches, electrical outlets, thermostats and other controls must be in accessible locations• Reinforcements on bathroom walls to install grab bars for the toilet and bathroom
  16. 16. • Usable kitchens and bathrooms such that a person using a wheelchair can maneuver about the space
  17. 17. Section 504of the Rehabilitation Act • Section 504 of the Rehabilitation Act covers entities that receive Federal financial assistance;
  18. 18. • this includes CDBG, HOME, HOPWA, Shelter plus care, Sec. 202, Sec. 811, Sec. 8 and McKinney Act funds from HUD• Tax Credit and Tax exempt bonds not covered
  19. 19. HUD regulations• Section 504 establishes access requirements for new construction and substantially rehabilitated units using federal funds• Applies to buildings were there are five or more units in the project
  20. 20. • substantially rehabilitated: –a project that has 15 or more units and –the cost of the alterations is 75 percent or more of the replacement cost of the completed facility
  21. 21. • Non-substantial rehabilitation obligation for architectural access is the maximum extent feasible
  22. 22. • Access requirements include: – common use areas, – path of travel – 5% or at least one unit must be accessible for people with mobility impairments – additional 2% must be accessible for people with hearing and visual disabilities
  23. 23. • Requires owners to pay for architectural modification under certain conditions
  24. 24. • Covered entities may not deny a qualified person with a disability the opportunity to participate or benefit from the housing or services provided –program or activity is operated so that when viewed in its entirety is readily accessible to and usable by persons with disabilities
  25. 25. ADA title II and III• ADA does not apply directly to areas exclusively residential• No housing accessibility requirements in the ADA Accessibility Guidelines
  26. 26. Title III covers Public Accommodations• applies to areas that are available to the general public
  27. 27. • Includes rental offices, community rooms available for use or rental by non residents, and social service programs operated by the housing provider – Even if social services are only provided to residents the service portion may be regarded as a public accommodation
  28. 28. • Requires readily achievable barrier removal, reasonable modifications and effective communication
  29. 29. Readily achievable
  30. 30. Reasonable modifications
  31. 31. Effective communication
  32. 32. Title II covers housing programsoperated or controlled by State or local government• A title II entity must operate benefits, services and activities so that when viewed in their entirety is readily accessible to and usable by people with disabilities
  33. 33. • Title II requires that all newly constructed public facilities be constructed and altered in compliance with the ADAAG or UFAS if originally built under those standards
  34. 34. • Requires reasonable modifications of policies practices and procedures and effective communication
  35. 35. California Fair Employmentand Housing Act• California law applies to all housing except owner occupied single-family homes with only one roomer or boarder
  36. 36. • Covers land use practices that make housing opportunities unavailable to members of protected classes
  37. 37. • Essentially the same as the Federal Fair Housing Act in both the non-discrimination provisions and the affirmative obligation to provide reasonable accommodation in rules, policies, practices and procedures
  38. 38. • State Law specifically includes prohibition of policies that have a disparate adverse impact on protected classes
  39. 39. • The housing provider must show that the practice causing the discrimination is necessary to the operation and no feasible alternative exists
  40. 40. California Unruh Civil RightsAct• California’s Civil Rights law prohibits all business establishments of every kind whatsoever• Includes housing accommodations
  41. 41. Protects against discrimination on the basis of• Age • Race• Ancestry• • Religion Color• Disability • Sex• National • Sexual Orientation Origin • Medical Condition• Marital Status
  42. 42. • Includes a perception that the person has or• that the person is associated with a person with any listed characteristic• “religion” includes all aspects of religious belief, observance, and practice;• California courts have interpreted the law to include “any arbitrary discrimination”
  43. 43. Enforcement• The Fair Housing Act• Section 504 of the Rehabilitation Act• ADA title II and III• California Fair Employment and Housing Act• California Unruh Civil Rights Act