Chapter 29 - Fair Housing & Human Rights
Fourteenth Amendment
"...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." Due Process Clause and the Equal Protection Clause.
Civil Rights Act of 1870
"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." to ensure that individuals of all colors received the same right as whites to buy, sell, own, and inherit real estate. With the enactment of this legislation, the government placed great importance on an individual's freedom and right to live and own property wherever he or she chooses. Courts ruled that the Civil Rights Acts of 1866 and 1870 prohibited certain activities.
Affirmatively Furthering Fair Housing (AFFH)
"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." HUD's Office of Fair Housing and Equal Opportunity (FHEO) oversees the coordination to affirmatively further fair housing. The mission of the Office of Fair Housing and Equal Opportunity (FHEO) is to eliminate housing discrimination, promote economic opportunity, and achieve diverse, inclusive communities by leading the nation in the enforcement, administration, development, and public understanding of federal fair housing policies and laws.
Places considered for public accommodation
(A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; (B) a restaurant, bar, or other establishment serving food or drink; (C) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; (D) an auditorium, convention center, lecture hall, or other place of public gathering; (E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; (F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment; (G) a terminal, depot, or other station used for specified public transportation; (H) a museum, library, gallery, or other place of public display or collection; (I) a park, zoo, amusement park, or other place of recreation; (J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education; (K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and (L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
Words Indicating Preference
Ads should say no preference or limitation based on race, color, religion, sex, national origin, disability, or familial status.
What is the prohibited practice of persuading an owner to sell a dwelling by making representations about the entry into the neighborhood of one or more persons in a protected class?
Blockbusting
Types of Property Exempt from the Fair Housing Act
Commercial and industrial properties. Unimproved land unless the land is specifically offered for construction for residential purposes. Single-family home sold by the owner, provided the owner lives at the unit for sale and does not own more than three single-family homes at one time and does not use a real estate broker for the sale. This exception applies once within 24 months. Rental of one-to-four dwelling units (e.g., fourplex or the rental of rooms in a home) that the owner occupies who is not using the services of a real estate broker.
What is the first step to initiate a complaint with the OHR?
Complete the OHR Housing Questionnaire.
Responsibilities of OHR
Conduct educational campaigns and initiatives to educate the public about civil and human rights in the District. Protect the equal employment opportunity rights of District government employees. Review, approve, and monitor the affirmative action plans of all District government departments and agencies. This includes review of special departmental emphasis programs for people with disabilities. Investigate complaints and conditions causing community tension and conflict which could lead to breaches of the peace and public disorder. Assess local and federal laws and policies with respect to discrimination. Provide information on human rights laws and policies to the community at large. The OHR also has provisions barring retaliation. OHR will investigate immediately if retaliation occurs. It is also illegal to threaten, intimidate, or harass someone because they have filed a discrimination complaint. Currently the number of protected classes in Washington DC is 21.
Covered and Exempt Entities
Covered entities generally include residential property owners, property managers, realtors and multiple listing services. However, exemptions exist for dwellings owned or operated by religious organizations and bona fide private clubs for noncommercial purposes, housing for older persons, and owner-occupied private homes. Real estate professionals (real estate licensees, property managers, appraisers, mortgage lenders, etc.) cannot discriminate against any person in a protected class when dealing with residential real estate transactions. Transactions related to residential real estate include selling, brokering, or appraising residential real property and making mortgage loans. It is unlawful to deny any person in a protected class access to or membership in a multiple listing service, real estate licensee's organizations, or other organization relating to residential brokerage.
The OHR is authorized to enforce complaints about discriminatory acts in the following housing, accommodation, and employment.
DC Human Rights Act DC Family and Medical Leave Act DC Parental Leave Act DC Language Access Act DC Bullying Prevention Act of 2012 In addition to the local laws, the OHR, being a Fair Employment Practice Agency and a Fair Housing Assistance Program agency, investigates and adjudicates complaints of discrimination filed under: Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) Americans with Disabilities Act Title VII of the Civil Rights Act of 1964 (Equal Employment Opportunity Act) Age Discrimination in Employment Act
Participation in Real Estate Organizations.
Deny access to, or have different terms and conditions for, membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting of dwellings.
Loans and Other Financial Assistance.
Discriminate in the making or purchasing of loans or providing other financial assistance.
Lending practices prohibited by the Fair Housing Act include:
Discriminating in appraising property Imposing different terms or conditions on a loan, such as different interest rates, points, or fees Redlining Refusing to make a mortgage loan Refusing to provide information about loans HUD charges Fifth Third Bank, Mortgage Broker with discrimination against couple with disabilities. Washington (August 22, 2013). The U.S. Department of Housing and Urban Development (HUD) announced today that it ischarging Fifth Third Bank, Fifth Third Mortgage Company and Cranbrook Mortgage Corporation with discriminating against a couple with disabilities who were attempting to refinance their home mortgage. HUD's charge alleges that the Cincinnati, Ohio-based mortgage lender and the Clinton Township, Michigan-based mortgage broker required unnecessary medical documentation to qualify the couple for an FHA loan.
List three discriminatory lending practices.
Discriminating in appraising property, imposing different terms, or conditions on a loan, redlining, refusing to provide information about or to make a mortgage loan.
Provisions for Families with Children
Discrimination against families with children shows itself in many ways, such as advertising for "adults only," limiting the number of children who may occupy a unit, or steering families to separate buildings or parts of buildings. Example. Mobile home park owner, manager, to pay $27,000 to settle bias claim (Salem, OR., June 16, 1998). HUD today announced that an Oregon mobile home park owner and the park's manager have agreed to pay $27,000 to settle housing discrimination charges accusing them of refusing to rent to a couple because the couple had a 4-year-old son.
Name two types of property that are exempt from DC human rights laws.
Dwellings owned or operated by religious organizations and bona fide private clubs for noncommercial purposes, housing for older persons, and owner-occupied private homes.
Housing for Older Persons Act of 1995 (HOPA)
First, it eliminated the requirement that 55 and older housing have significant facilities and services designed for the elderly. Second, HOPA established a good faith reliance immunity from damages for persons who in good faith believe that the 55 and older exemption applies to a particular property, if they do not actually know that the property is ineligible for the exemption, and if the property has formally stated in writing that it qualifies for the exemption. HOPA retains the requirement that housing must have one person who is 55 years of age or older living in at least 80% of its occupied units. It also requires that housing publish and follow policies and procedures that demonstrate an intent to be housing for persons 55 and older, rather than housing for adults or for singles, for example. Most 55+ age-restricted active adult communities place an age-minimum on the residents. In most active adult communities, no one under the age of 19 may live in the community unless granted an exemption. However, at a community's discretion, the age-minimum may be higher or lower. Nearly all age-restricted and active adult communities allow people under the age minimum, such as grandchildren, to visit and stay on a limited basis. Most age-restricted communities have covenants that allow people under the age-minimum to live temporarily in the community for a period of time ranging from two weeks to 90 days per year (varies by community).
Adjudication: Probable Cause & Hearing
If OHR finds probable cause that discrimination occurred, the case is then certified to the Commission. After certification, the Commission conducts a secondary, independent review of the case. The secondary review includes an evidentiary hearing in a trial-type setting either before an administrative law judge or a panel of three Commissioners. The Commission's hearing process operates under the DC Administrative Procedure Act as well as the Commission's Rules of Procedure for Contested Cases. [4 DCMR §400 et seq.]. Hearings are "from the beginning" and parties have access to full discovery and motion practice, have the opportunity to submit documentary evidence, and may present testimony by witnesses who are subject to cross-examination. All hearings are public and transcribed by a court reporter. Once an administrative law judge within the Commission completes the hearing, he or she reviews the record and issues a proposed decision with findings of fact and conclusions of law. The proposed decision is then given to the parties who have the opportunity to submit written exceptions to the proposed opinion. After the written exceptions filed by the parties are addressed, the administrative law judge submits the entire record to the three Commissioners assigned to the case. The Commissioner then issue a final decision that either affirms, modifies, or rejects the administrative law judge's proposed decision.
Shelley v. Kraemer
In Shelley v. Kraemer, 334 U.S. 1 (1948), the Shelleys, a black family, bought a house in St. Louis, Missouri. The property had a restrictive covenant that had been recorded several decades earlier barring "people of the Negro or Mongolian Race" from owning the property. The neighbors sued to prevent the Shelleys from moving onto the property, and the lower courts held that the covenant was enforceable. The Supreme Court acknowledged that the covenant was a private agreement that ordinarily would "run with the land" and be enforceable against subsequent owners. The court concluded, however, that because the neighbors had to use the power of the state courts to enforce the covenants, the involvement of the courts in enforcing such covenants was still a violation of the Equal Protection Clause.
Remedies for Discrimination: Complaint Example
In United States v. Bowen Property Management et al., Natayla Prach was a tenant and worked as a part-time assistant manager at an apartment complex in Spokane, Washington. The Spokane Housing Authority owned the complex and Bowen Property Management was responsible for managing the property. She alleged that the on-site manager, Kerrey Lemons, altered the waiting list for apartment units in exchange for cash payments from prospective Russian tenants. In addition, Ms. Lemons would solicit cash payments from current Russian tenants in return for preferential treatment during the assignment of new units or transferring from one unit to another unit. When Ms. Prach made these discriminatory practices aware to Bowen Property Management, the company ended her employment and threatened her with eviction from the complex. Furthermore, Ms. Lemons accused Ms. Prach and other apartment tenants of extortion when they tried to get their money back. Afterwards, Ms. Prach and other parties filed complaints with the Department of Housing and Urban Development (HUD). After completing the investigation, HUD found in favor of Ms. Prach and the other parties. A jury ruled that Bowen Property Management violated their civil rights by "coercing, intimidating, threatening or interfering" with them through actions that "aided or assisted others in the exercise of enjoyment of their housing rights under Section 3604 of the federal Fair Housing Act." Ms. Prach and two other plaintiffs received $120,000 in damages. [United States v. Bowen Property Management et al.].
Remedies for Discrimination: Civil Action
In federal or state court, the person alleging discrimination has the burden of proving that the discrimination took place. If the judge or jury finds that the complaint has merit, they can award actual damages to the aggrieved person. They can also award punitive damages against the person accused of discrimination to punish that person and to make an example of him or her, although this requires a finding that the discrimination was deliberate. The court can also award attorney's fees and costs. Attorney's fees are calculated based on what a court finds to be the reasonable rate in the community where the case was filed (which can be as much as $250 to $400 per hour in some urban areas). Therefore, the attorney's fees in civil rights cases can be many times the amount of actual damages awarded to the successful plaintiff, even if the plaintiff's recovery itself is relatively modest. The potential exposure to liability for attorney's fees often leads defendants who do not subjectively believe that they have committed discriminatory conduct to resolve the case early rather than risk a large award of attorney's fees.
ADA: Example: Reasonable Modification
In the case of Fortyune v. American Multi-Cinema, Inc., a quadriplegic movie patron and his wife tried to view the defendant's sold-out screening of a film. They were unable to do so when a man and his son refused to vacate the wheelchair companion seats they occupied. The theater's manager informed the Fortyunes that, under company policy concerning the use of wheelchair companion seats at sold-out screenings, he could not require the man and his son to change seats. The Fortyunes sued, arguing that the theater chain's policy violated the ADA. The trial court issued a court order directing the theater chain to modify its policies regarding companion seating, and the Ninth Circuit affirmed. The court order directed that wheelchair-bound patrons should receive priority in the use of companion seats. Because there were only four such seats in the theater, patrons in wheelchairs had limited opportunities for alternative seating in a full theater. The court order directed the company to ensure that the companion seat was made available to the wheelchair-bound patron and his or her companion if they arrived at least 10 minutes prior to show time.
DC Discrimination in Housing
It is the policy of the District of Columbia to provide for fair housing throughout the District. Although the DC Fair Housing Laws are substantially equivalent to the federal Fair Housing Act, the DC laws give more protection by expanding the number of protected classes. Although the number of protected traits in Washington DC has expanded to 21, only 18 of them apply to housing.
Models Indicating Preference
Models, if used, should portray persons in an equal social setting and indicate to the public that the housing is open to all without regard to race, color, religion, sex, handicap, familial status, or national origin, and is not for the exclusive use of just one group. In the case of Saunders v. General Services Corporation, a large real estate company located in Richmond, Virginia was fined $12,800 for using white models almost exclusively in the company's advertising materials. However, even consistently using members only of a minority group would potentially cause a problem here—e.g., using only persons of Hispanic background would be just as much of a problem as using only Caucasian models, because of the potential implications that steering one group is taking place. Recall, United States v. Real Estate One in which potential Fair Housing Act violations were found from advertising in a strategically limited geographic area, or using particular editions of newspapers to reach a particular segment of the community, or advertising only in small newspapers targeted to specific religious, racial, or ethnic groups. (Alternatively, of course, a broker or agent could simply dispense with the use of models and avoid that problem entirely.)
Block Busting.
Persuade or try to persuade, for profit, a person to sell or rent a dwelling by making representations about the present or future entry into the neighborhood of one or more persons in a protected class. is a tactic used by some real estate brokers to induce panic selling by making property owners believe that the character of a neighborhood is likely to change because members of a minority group have acquired one or two properties. The tactics include supposedly mistaken phone calls for "the black family that just moved in." Sometimes, a business card is left on properties next to a house that was sold recently to a member of a minority group. Another tactic is to contact a non-minority family saying that a nearby home was sold recently to a non-white family, and then trying to induce a sale by the non-minority owners, sometimes at less than fair market value. In case of Zuch v. Hussey, various real estate firms conducted campaigns to solicit business involving door-to-door canvassing, fliers, and telephone calls. The fliers had such statements as "We think you may want a friend for a neighbor" and "Know Your Neighbors." A mailing addressed to "Resident" supposedly contained "neighborhood news." It informed the recipients that the real estate agency had bought a home in the recipient's neighborhood, that the firm had paid cash, and that the recipients of the mailing might receive the same service. Because residents would have been aware that the racial character of the neighborhood had been changing and that black families had been moving into the area, the implication was that white families worried about the changes could "cash out" quickly if they were willing to accept the firm's offer. The federal district court concluded that this conduct amounted to blockbusting. [Zuch v. Hussey, 394 F.Supp. 1028 (D.Mich, 1975)].
List three types of properties that are considered a public accommodation under the ADA.
Public accommodations include facilities like hotels, restaurants, retail merchants, doctor's offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on.
Seven Protected Classes under the Federal Fair Housing Act
Race - Categories of physical characteristics and/or genetic groupings of human populations. Color - Pertaining to a person's skin color. Religion - Participation with one of the worlds' structured religions, one's spiritual belief, inference of religion by place of worship. Sex (i.e. gender) - Male or female National origin - Country of birth Disability - Physical or mental impairment that substantially limits one or more of a person's major life activities. Familial status - families with children under the age of 18.
List the 5 protected classes under the Civil Rights Act of 1968.
Race, color, religion, sex, and national origin.
List the seven protected classes under the federal Fair Housing Act.
Race, color, religion, sex, national origin, disability, or familial status
People with Disabilities: ABA and ADA
Real estate licensees work with all types of people, including people with disabilities, when performing real estate brokerage activities. According to the U.S. Census Bureau, in 2017 there were over 40 million Americans with a disability, representing 12.8% of the civilian non-institutionalized population. Nearly 34.2 million people (17.5%) have a functional limitation. Licensees should never assume whether a person has a disability. Because a person does not use a wheelchair, have hearing aids, or use a cane does not mean that he or she does not have a disability. Many disabilities, like autism, deafness, epilepsy, asthma, and mental illness, are invisible. Additionally, some people have temporary disabilities which are equally as limiting as permanent disabilities. Not everyone with a disability wishes to discuss it or its limitations. Remember, when working with people with disabilities, they are people first. They should not be defined by their conditions or diseases. For example, a person is not an "epileptic" but rather a "person who has epilepsy" Putting the person first in your communications shows respect for the dignity of the individual. The best way to interact with people with disabilities is to follow the Golden Rule—treat others as you would like to be treated. Although there are several disability-related federal laws, the one with which real estate licensees are most familiar is the Americans with Disabilities Act of 1990. The District also prohibits discrimination against people with disabilities in housing and public accommodation under DC Code Title 7 - Human Health Care and Safety; Chapter 10 - Rights of Blind and Physically Disable Persons. [DC Code §7-1001 et.al.].
Sale or Rental of Residential Real Estate.
Refuse to sell, rent, or otherwise make unavailable or deny any dwelling; discriminate in the terms or conditions of sale or rental of a dwelling or in the provision of services or facilities. Or indicate that housing is not available when, in fact, it is.
List 5 discriminatory housing practices specifically prohibited by the Fair Housing Act.
Refusing to rent housing. Refusing to sell housing. Treating applicants differently from one another for housing. Treating residents differently from one another in connection with terms and conditions. Advertising a discriminatory housing preference or limitation. Providing false information about the availability of housing. Harassing, coercing, or intimidating people from enjoying or exercising their rights under the act. Blockbusting: persuading an owner to sell or rent housing by saying that people of a particular race, religion, etc., are moving into the neighborhood Imposing different loan terms for purchasing, constructing, improving, repairing, or maintaining a residence. Denying use of, or participation in, real estate services, such as brokers' organizations or multiple-listing services.
Actions Prohibited by the Civil Rights Acts of 1866 and 1870
Refusing to sell real property to people because of their race Discrimination by homeowners' associations based on race Steering buyers into or away from a specific neighborhood because of their race Opposition to low-income housing based on race
Exempt Organizations and Groups
Religious organizations that are selling or leasing the organization's own property may limit the sale or lease to members of the same religion if this is the only basis for preference. Private clubs that do not rent to the public at large may limit the rental of the organization's property to its members. Certain senior citizen housing is exempt from what would otherwise amount to familial status discrimination, if: The housing is occupied exclusively by those 62 and older; or The housing is specifically designed for elderly persons under a federal, state, or local government program; or The housing must include at least one person who is 55 or older in at least 80% of the occupied units and adhere to a policy that demonstrates intent to house persons who are 55 or older.
List two types of organizations or groups that are exempt from the Fair Housing Act.
Religious organizations that are selling or leasing the organization's own property may limit the sale or lease to members of the same religion, if this is the only basis for preference. Private clubs that do not rent to the public at large may limit the rental of the organization's property to its members.
Actions Prohibited by the Fair Housing Act
Sale or Rental of Residential Real Estate. Advertising Residential Real Estate Block Busting Loans and Other Financial Assistance Brokerage and Appraisal Services Participation in Real Estate Organizations Intimidation, Coercion and Threats
OHR Complaint Process
The Commission has set up a complaint process for people who think they are the subject of illegal discrimination in employment, housing, or public accommodations. Because of the statute of limitations, there is a time limit for filing a complaint. A person filing a complaint must file it within the required timeframe allowed by law. For housing or commercial space, the alleged violation must have occurred 365 days or less from the date of filing the complaint. The basis for filing a complaint for illegal discrimination in housing or commercial space is based on race, color, religion, sex, age, national origin, marital status, disability, sexual orientation, personal appearance, matriculation, gender identity, political affiliation, familial status, place of residence or business, status of a victim of an intra-family offense, or source of income.
How many Commissioners make up the DC Commission on Human Rights?
The Commission is made up of 15 Commissioners.
DC Commission on Human Rights
The DC Commission on Human Rights (Commission) is an agency within the Office of Human Rights that adjudicates private sector discrimination complaints brought under the DC Human Rights Act. The Commission also provides an appeal process to applicants who were found ineligible for employment under the Criminal Background Checks for the Protection of Children Act. Although the Commission is within OHR, the Commission acts independent of OHR to adjudicate cases in an impartial manner. The Commission is made up of 15 Commissioners, who are nominated by the Mayor and confirmed by the City Council. Each Commissioner is appointed to a three-year term without compensation.
Name five protected classes that DC law added to the 7 protected classes under the federal Fair Housing Act.
The DC Human Rights Act has 18 protected classes for housing. The additional categories are age, marital status, personal appearance, sexual orientation, gender identity, family responsibilities, political affiliation, matriculation, source of income, place of residence/business, and status as a victim of an intrafamily offense.
DC Office of Human Rights
The DC Human Rights Law established the Office of Human Rights (OHR) as a separate agency in the Executive Branch of the government of the District of Columbia. [DC Code §2-1411.01(a)]. The Office of Human Rights was established to eradicate discrimination, increase equal opportunity and protect human rights for persons who live in or visit the District of Columbia. The agency enforces local and federal human rights laws, including the DC Human Rights Act, by providing a legal process to those who believe they have been discriminated against. OHR proactively enforces human rights in the District through Director's Inquiries, which allow it to identify and investigate practices and policies that may be discriminatory.
ADA: Administration
The Department of Justice (DOJ) has coordination authority for the ADA. The DOJ regulations cover all state and local governments and extend the prohibition of discrimination in federally assisted programs established by Section 504 of the Rehabilitation Act of 1973 to all activities of state and local governments, including those that do not receive federal financial assistance. HUD is the designated agency for all programs, services, and regulatory activities relating to state and local public housing, and housing assistance and referrals. In addition, HUD has authority over a state or local government activity under Section 504 of the Rehabilitation Act of 1973.
Remedies for Discrimination: Complaint
The Fair Housing Act authorizes the Department of Justice to bring a lawsuit, if it believes a person or entity, or group of persons, is engaged in a pattern or practice of unlawful conduct, or a denial of rights granted to a group of persons under the Act raises an issue of public importance. A complaint must be filed with HUD within one year of an incident related to housing discrimination. There is a two-year limit for filing a federal civil court action. If proof exists that discrimination occurred, the Fair Housing Act entitles the victim to receive compensation for damages. If the victim wins a federal civil court lawsuit, the law may also allow the victim to receive substantial compensation in the form of punitive damages for humiliation, pain, anger, embarrassment, or emotional distress.
When advertising, both HUD and the MLS list words and phrases that are considered discriminatory. List six terms that should not be used in advertising.
The list has several examples, but you should avoid any terms that pertain to race, religion, color, national origin, sex, familial status or age, and health.
ADA: Titles - 5 titles
Title I covers employment; Title II covers public entities and public transportation; Title III covers public accommodations and commercial facilities; Title IV covers telecommunications; and Title V contains miscellaneous provisions. It also includes miscellaneous instructions to Federal agencies that enforce the law (Title V). Regulations issued under the different Titles by various Federal agencies set requirements and establish enforcement procedures. Titles II and III of the ADA describe accessibility guidelines for buildings, facilities, and transit vehicles and provide technical assistance and training on these guidelines. The ADA Accessibility Guidelines (ADAAG) serve as the basis of standards issued by the departments of Justice (DOJ) and Transportation (DOT) to enforce the law. The building guidelines cover places of public accommodation, commercial facilities, and State and local government facilities. The vehicle guidelines address buses, vans, a variety of rail vehicles, trams, and other modes of public transportation. Regulations issued by DOJ and DOT have standards based on ADAAG and provide important information on which buildings and facilities are subject to the standards.
List three areas in which unlawful housing practices may occur.
Unlawful discrimination in the advertisement, acquisition (showing, negotiating, or transmitting offers for sale or rental), financing, or possession and enjoyment (terms, conditions, privileges) of residential property.
Unlawful Housing Practices
Unlawful housing practices generally include discrimination in the advertisement, acquisition (showing, negotiating, or transmitting offers for sale or rental), financing, or possession and enjoyment (terms, conditions, privileges) of residential property. Examples of Unlawful Housing Practices Refuse to rent a dwelling to any qualified buyer or renter. Use discriminatory terms and conditions in selling or renting. Set terms and conditions of home loans in such a way as to discriminate. Use discriminatory notices or advertisements indicating a preference or discriminatory limitations. Say that a dwelling is not available for inspection, sale, or rent when, in fact, it is available. Attempt to steer people into or away from neighborhoods or apartment complexes due to being members of a protected class. Treat a person differently from everyone else because of race, disability, familial status (parent or legal custodian with children, pregnant), religion, sex, marital status, national origin, or sexual orientation. Gender preference may be acceptable if there is a shared kitchen or bathroom. Request information about birth control and/or family planning practices. Refuse to consider both applicants' incomes when seeking to buy or rent. Unlawfully screening of a housing applicant's criminal background. Commit acts of prejudice, violence, harassment, intimidation, or abuse directed against families or individuals or their residential property.
Adjudication: Final Decision
When discrimination is found, the Commission may award a successful complainant injunctive relief, back and front pay, compensatory damages, and/or attorney's fees. The Commission is also authorized to furnish a civil penalty on a discriminating respondent which is paid to the District government. Final decisions of the Commission may be appealed to the District of Columbia Court of Appeals. In addition to its adjudicative responsibilities, the Commission may undertake public investigations or hearings concerning various patterns of discrimination and make recommendations to the Mayor and/or the City Council. The Commission also has authority to promulgate rules, regulations, and procedures that implement various portions of the DC Human Rights Act.
Title III - Public Accommodation
a private entity that owns, operates, or leases a place designed to provide products or services to the public. Most businesses open to the public meet this definition, and thus, a real estate broker's office would be a public accommodation under this definition. Private clubs and religious organizations are exempt from the ADA's Title III requirements for public accommodations. The ADA does not apply to most private homes. However, if a business, such as a doctor's office or day care center, is in a private residence, those portions that are used for business purposes are subject to the ADA requirements.
Civil Rights Act of 1866
act prohibited discrimination based on race and is in the 42 U.S. Code §1982, granting all citizens equal rights in the purchase or lease of all real property transactions. However, it was largely ignored until 1968. The Civil Rights Act of 1866 was adopted before the Fourteenth Amendment became part of the Constitution. It is, therefore, one of the few federal statutes that can prohibit private acts of discrimination without having to rely on the Commerce Clause. the act addressed discrimination based on race. The act does not cover other types of discrimination, such as color, sex, religion, national origin, disability, or familial status.
Office of Fair Housing and Equal Opportunity (FHEO)
administers federal laws and establishes national policies that make sure all Americans have equal access to the housing of their choice. Its mission is to create equal housing opportunities for all persons living in America by administering laws that prohibit discrimination in housing based on race, color, religion, sex, national origin, age, disability, and familial status. Particular activities carried out by the Office of Fair Housing and Equal Opportunity include implementing and enforcing the Fair Housing Act and other civil rights laws, including the Housing and Community Development Act, Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and the Architectural Barriers Act of 1968. If the complaint is not successfully conciliated, then FHEO determines whether reasonable cause exists to believe that a discriminatory housing practice has occurred. Where reasonable cause is found, the parties to the complaint are notified by HUD's issuance of a Determination, as well as a Charge of Discrimination, and a hearing is scheduled before a HUD administrative law judge. Either party, complainant or respondent, may cause HUD-scheduled administrative proceedings to be terminated by electing instead to have the matter litigated in federal court. Whenever a party elects to have its case litigated, the Department of Justice takes over HUD's role as counsel seeking resolution of the charge on behalf of aggrieved persons, and the matter proceeds as a civil action. Either form of action is subject to review in the U.S. Court of Appeals. The penalties range from up to $10,000 for a first violation, to up to $50,000 for the third violation and those thereafter. The penalties are paid to the federal government. The damage payments are then paid to the proven victims of discrimination. The act adds criminal penalties of a $100,000 maximum fine and imprisonment as sanctions against people who willfully do not give information and evidence or who willfully give false information in a fair housing investigation or proceeding.
Jones v. Mayer
affirmed that racial discrimination in housing is illegal without exception by upholding the 1866 Civil Rights Act and the 13th Amendment to the U.S. Constitution. Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968), is a United States Supreme Court case which held that Congress could regulate the sale of private property to prevent racial discrimination. The court stated that under the Thirteenth Amendment (ending slavery), Congress may outlaw not only slavery, but the manifestations of slavery as well. It left it to Congress to define those manifestations.
disability (handicap)
as a physical or mental impairment that substantially limits one or more of a person's "major life activities", has a record of such a disability; or is regarded as having such a disability. The law protects both the person with a disability and a person living with that person. However, it excludes people who are illegally using or addicted to drugs and other controlled substances. Landlord is prohibited from asking any questions of a person with a disability that would not be asked of any other applicant. For example, a landlord may not ask about the nature or severity of a person's disability or ask whether that person can live alone. Landlord cannot refuse to make reasonable changes in rules, policies, practices, and services, which may be necessary to afford a person with a disability an equal opportunity to enjoy and use a dwelling. For example, a "no pets" policy could be changed to allow a person who needs a service animal. Landlord cannot refuse to allow a person with a disability to make, at his/her own expense, such reasonable changes in the premises as may be necessary to allow use and enjoyment of the premises. For example, the person may install grab bars to facilitate use of bathroom facilities or to widen a doorway to accommodate a wheelchair. Example. HUD files charge against landlord who refused to allow an emotional support animal. (Inwood, West Virginia, September 12, 2013). The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging the owners of Whitacre's Mobile Home Community (WMHC) in Inwood, West Virginia with discriminating against a resident with a disability by refusing to grant his request to keep his emotional support animal. HUD's charge alleges that WMHC ignored the resident's multiple requests for a reasonable accommodation and tried to evict him.
Civil Rights Restoration Act
broadened the reach of the law relating to discriminatory practices to include all organizations receiving federal dollars. To ensure equal rights and protection under the law, anti-discrimination legislation has undergone several revisions over time.
Title VIII of the Civil Rights Act of 1968
enacted because the Civil Rights Acts of 1866 and 1870 were not sufficient to prevent discrimination. Title VIII of the Civil Rights Act of 1968 is found beginning at 42 U.S.C. §3601. It provides for some things that the 1866 law lacked, while also providing exemptions for some actions that are nevertheless covered by the 1866 law. There are differences between the 1866 and the 1968 laws, but together they formed "a complete arsenal of federal authority" in the area of housing discrimination Title VI of the Civil Rights Act of 1968 prohibits discrimination in programs and activities receiving federal financial assistance. Programs and activities under the act mean all the operations of government, institutions of higher education, and local educational agencies. It also includes businesses receiving federal assistance that principally engage in providing education, health care, housing, social services, or parks and recreations. Part of Title VII of the Civil Rights Act of 1968 extended the Commission on Civil Rights and prevented discrimination in federally assisted programs. Overall, the Civil Rights Act of 1968 had positive sweeping affects across the country and instituted new protections of individual civil rights under the law.
Housing and Community Development Act of 1974
extended anti-discrimination laws to include community development projects undertaken by cities. Section 109 of Title I of the act prohibited discrimination based on race, color, national origin, sex, or religion in community redevelopment programs implemented by HUD.
Commerce Clause
gives Congress the authority to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes." Persons who are discriminated against and are prevented from buying or selling things because of their race, national origin, and so forth are prevented from participating in the commercial life of the nation, including when the commodity involved in the discriminatory conduct is real property. Therefore, most of the federal civil rights legislation adopted during the twentieth century relies on the Commerce Clause—not on provisions of the Fourteenth Amendment like the Due Process Clause or the Equal Protection Clause.
Americans with Disabilities Act of 1990 (ADA)
in 1990 to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA could be considered the "equal opportunity law" for people with disabilities. With respect to fair housing, however, the Fair Housing Act Amendments of 1988 had already added handicapped individuals as one of the protected classes. Consequently, a person who alleges discrimination based on handicap with respect to the sale or rental of real property would probably rely on the Fair Housing Act and would not have need of the ADA. Nevertheless, several types of discrimination involving disabled persons are covered by the ADA that are not necessarily covered by the Fair Housing Act. The ADA protects individuals with disabilities by providing a guarantee of equal opportunity in public accommodations, commercial facilities, employment, transportation, state and local government services, and telecommunications.
disability (ADA)
is "any physical or mental impairment that substantially limits one or more of an individual's major life activities." The definition of a disability under the ADA is quite broad. The ADA covers a wide range of disability, from physical conditions affecting mobility, stamina, sight, hearing, and speech to conditions such as emotional illness and learning disorders.
protected class
is a group that is protected from illegal discrimination under federal or state law. A landlord who allegedly refused to rent one of his properties to an interracial couple settled a HUD complaint against him for $65,000. Besides allegedly denying the couple the opportunity to rent a home, the landlord also asked the HUD testers their race. When the testers told the landlord they were an interracial couple, the landlord told the testers that he would not show them the home.
Redlining
is the practice of designating certain neighborhoods as areas where loans will not be made or at least will not be made to members of certain groups. The term redlining comes from a practice that originated in the 1930s when lenders would sometimes rate various parts of a city according to whether it was desirable to make loans within each area. The least desirable areas were either colored in red or had a red line around them, hence the term. Redlining is not so much a problem in the sale of real estate as it is in the practices of lenders. There is a related kind of redlining that involves the reluctance of insurance carriers to make loans within certain neighborhoods, once again making it difficult for homeowners or business owners to acquire property and casualty insurance. Without such insurance, home and business owners face increased risks that a fire or similar calamity will cost them the equity in their property; and, because property insurance usually is required as a condition of obtaining financing for a home loan, the lack of property insurance makes a purchase-money loan, as a practical matter, unavailable. In the case of Harrison v. Heinzeroth Mortgage Co., the Harrisons were white persons who tried to buy a home in an integrated neighborhood. They alleged that they were refused a mortgage loan with terms and conditions equal to those of loans on homes in predominantly white neighborhoods solely because of the racial composition of their intended neighborhood. In other words, the plaintiffs alleged not that they were denied a loan because they were being discriminated against because of their race, but rather because the company did not want to make loans based on the company's perception of the "character" of the neighborhood where they wanted to live The defendant company tried to dismiss the case, arguing that the Fair Housing Act only applied if the plaintiff alleged discrimination based on the plaintiff's race The district court disagreed. The court found that nothing in the Fair Housing Act limited its applicability to discrimination based on the complainant's race. Rather, it was enough that the plaintiff could prove a denial of housing opportunities solely based on racial considerations—here, the racial composition of the neighborhood, or what would today be called redlining. The case was allowed to proceed forward to trial. [Harrison v. Otto G. Heinzeroth Mortg. Co., 414 F.Supp. 66 (D.Ohio, 1976)].
Steering
is the practice of directing members of certain racial or ethnic groups to certain neighborhoods and directing members of other groups to different neighborhoods. Steering is based on assumptions that persons of a given ethnic background will only want to live in neighborhoods with persons of the same ethnic backgrounds. Conversely, people of one ethnic background prefer not to live in neighborhoods where the predominant group has a different background. Example. Maria was born in Mexico and legally immigrated to the United States some twenty-five years ago. She asks her agent to show her houses in areas where large numbers of Hispanics live. Now Maria's agent knows of two neighborhoods with large Hispanic populations. Can the agent direct Maria to these neighborhoods? Answer: No. The agent is now being asked to steer the buyer to houses based upon the racial and ethnic make-up of a neighborhood. This would be in violation of fair housing laws. In this situation the agent can explain to Maria that under our fair housing laws, agents cannot steer clients to neighborhoods based upon the national origin of the residents or, for that matter, any other protected class. Remember, steering occurs when the agent directs the buyer to a particular neighborhood. It does not occur when the buyer asks only to see homes in a given city or neighborhood.
state action requirement
means that Congress can pass laws prohibiting state governments or local public entities from passing laws that discriminate or prohibiting state or local employees from committing acts of discrimination. The federal courts can also find that actions of state or local governments violate Due Process or Equal Protection. Unlike the Thirteenth Amendment, however, Congress or the federal courts cannot use either of those clauses to do anything about private discriminatory conduct.
reasonable accommodation
means that a business must change its policies, practices, or procedures if necessary, to afford persons with disabilities the enjoyment of goods, services, or accommodations provided by that business.
Age Discrimination Act of 1975
prohibits discrimination based on age in programs and activities receiving federal financial assistance. The Act, which applies to all ages, allows the use of certain age distinctions and factors other than age that meet the act's requirements. The Age Discrimination Act is enforced by the Civil Rights Center of the U.S. Department of Labor.
Section 804(c) of the Fair Housing Act
prohibits the making, printing and publishing of advertisements that say a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. The prohibition applies to publishers as well as to persons or entities that place real estate advertisements. It also applies to advertisements where the underlying property may be exempt from the provisions of the Act, but where the advertisement itself violates the Act. All advertising media, advertising agencies, and other persons who use advertising with respect to the sale, rental, or financing of dwellings are required to make sure their words, phrases, symbols, and visual aids do not signal a prohibited preference or limitation. All residential real estate advertising should have the equal housing opportunity logotype and slogan. The logotype should be sufficiently large or visible to be noticed and understood. When the size of the logotype is so small that the facial features (ethnicities) of the people are not clearly distinguishable, then it is too small. The logotype should be a clear sign or symbol of welcome to all potentially qualified buyers or renters regardless of race, color, etc. The use of certain terminology in an advertisement is often a red flag. For example, describing a certain neighborhood as exclusive, private, or restricted implies that certain applicants for sale or rental of such property might not be welcome. Likewise, using terms that are too specific are also potentially troublesome. Describing a house as "great for a single person" (implying potential discrimination against married couples) or "great for an active person" (implying potential discrimination against a person with a disability), or even describing a neighborhood as "integrated" (implying that a neighborhood is changing from one racial group to another) can be a violation of the Fair Housing Act. Even referring to the incidental presence of nearby religious, racial, ethnic, or similar landmarks, buildings, or monuments can be considered a violation because of the implication that specific buyers might be drawn to purchase because of those attractions. Examples would include "walk to nearby church," "down the street from Italian-American cultural center," or "close to the Mormon Temple." In Los Angeles, California, several tenants sued their landlord, the Donald Sterling Corporation, because the landlord preferred Korean tenants over non-Korean tenants. The landlord actively discouraged other ethnic groups from moving into the apartment buildings. The lawsuit was based on the name of the apartment buildings. For example, the "Mark Wilshire Towers" was renamed the "Korean World Towers" and another building was renamed to include the word "Korean." A Federal District Court told the Donald Sterling Corporation that it could not use the word "Korean" in the names of the buildings and had to stop demanding information about national origin in rental applications. [Housing Rights Center v. Donald Sterling Corporation].
Equal Housing Opportunity Poster
that depicts the equal housing logo The location of the poster should be readily visible to the public upon entering the facility. Care should be taken to display the most recent version; failure to display the poster at all or to display the most recent version can be used as prima facie evidence of discrimination by someone alleging that a brokerage has violated the Fair Housing Act. Failure to display the poster at all or to display the most recent version can be used as prima facie evidence of discrimination by someone alleging that a brokerage has violated the Fair Housing Act. Failure to display the Equal Housing Opportunity Poster can also be used in an anti-discrimination lawsuit to find that the defendant has waived the statute of limitations; that is, a lawsuit that might be dismissed if it is too old could nevertheless move forward if the poster was not placed as required. The equal housing logo should also be used in any print or display advertising (e.g., on handbills or flyers) with the exception of classified advertising, which is normally covered by a given newspaper's own nondiscrimination banner before or after the housing listings in the newspaper.
Architectural Barriers Act of 1968 (ABA)
the first law passed by Congress to ensure access to buildings or facilities for people with disabilities. The law requires that buildings or facilities that were designed, built, or altered with federal dollars or leased by federal agencies after August 12, 1968 be accessible. Facilities that predate the law generally are not covered, but alterations or leases undertaken after the law took effect can trigger coverage. The law covers a wide range of facilities, including U.S. post offices, Veterans Affairs medical facilities, national parks, Social Security Administration offices, federal office buildings, U.S. courthouses, and federal prisons. It also applies to non-government facilities that have received federal funding, such as certain schools, public housing, and mass transit systems. The ABA is enforced through standards for accessible design. Four Federal agencies are responsible for these standards: the Department of Defense, the Department of Housing and Urban Development, the General Services Administration, and the U.S. Postal Service. The standards show where access is required and provide detailed specifications for ramps, parking, doors, elevators, restrooms, assistive listening systems, fire alarms, signs, and other accessible building elements. Facilities covered by the ABA must meet these standards.
conciliation
used to resolve disputes informally at the administrative level, with the accuser and the party accused of discrimination agreeing to one or more of a variety of remedies. These can include payment of money damages, attorney's fees, or some other form of equitable relief. Participation in this process is voluntary and used only if both parties choose to participate. If the conciliation process is unsuccessful or the parties choose not to use it, the person who files the accusation may request that the Department of Justice (DOJ) investigate the allegations. The DOJ is empowered to impose fines of up to $10,000 for a first violation, up to $25,000 for a second offense within 5 years, and up to $50,000 for more than two violations within 7 years. Because these are penalties imposed by the DOJ itself, they are payable to the United States rather than the person alleging the harm. If the DOJ finds a "pattern and practice" of discrimination, it can also seek civil penalties of $50,000 for a first violation and $100,000 for each subsequent violation.
Within what timeframe does a person have to file a complaint about housing discrimination with the OHR?
365 days or less from the date of filing the complaint.
Relate the ADA definition of disability.
A disability is "any physical or mental impairment that substantially limits one or more of an individual's major life activities".
Define protected class.
A protected class is a group that is protected from illegal discrimination under federal or state law.
According to the ADA, what is a public accommodation?
A public accommodation is a private entity that owns, operates, or leases a place designed to provide products or services to the public.
Types of Housing Covered by the Fair Housing Act
All residential property owned or operated by the Federal Government. Single-family homes owned by private persons, including corporations or partnerships, even if a broker is not used to sell or rent the home. Multi-family dwellings with four or more units, including rooming houses. Multi-family dwellings with four or less units if the owner does not live in one of the units.
List two types of housing covered by the Fair Housing Act.
All residential property owned or operated by the Federal Government. Single-family homes owned by private persons, including corporations or partnerships, even if a broker is not used to sell or rent the home. Multi-family dwellings with four or more units, including rooming houses. Multi-family dwellings with four or less units, if the owner does not live in one of the units.
What federal law protects individuals with disabilities?
Americans with Disabilities Act of 1990.
What is the earliest law protecting individuals in the lease or purchase of real property?
Civil Rights Act of 1866
Brokerage and Appraisal Services.
Discriminate in the brokering or appraisal of residential real estate.
Intimidation, Coercion and Threats.
Intimidate, coerce, threaten, or interfere with a person in one of the protected classes in enjoyment of rights conferred by the Fair Housing Act.
MLS Advertising Criteria
Keep in mind that the protections offered under the fair housing laws extend to property descriptions in the multiple listing service (MLS). Many MLSs have systems in place that scan for objectionable words and will automatically flag those words and then send an e-mail to the company originating the listing. Many boards provide a suggested fair housing list of words to avoid when writing descriptions of the property to put on the MLS. Remember, when submitting a listing, describe the property—not the people.
Advertising Residential Real Estate
Make, print, publish, or cause to be made, printed or published, a notice, statement or advertisement relating to the sale or rental of housing that indicates a preference, limitation or discrimination.
List two types of hidden disabilities.
Many disabilities, like autism, deafness, epilepsy, asthma, and mental illness, are invisible.
Does the DC Human Rights law provide more or less protection than the federal Fair Housing Law?
More
What type of real property is exempt from the ADA requirements?
Most private homes.
In the District of Columbia, what agency enforces human rights laws?
Office of Human Rights (OHR)
According to the U.S. Census Bureau statistics in 2017, how many million Americans had a disability?
Over 40 million Americans
What is the prohibited practice of designating certain neighborhoods as areas where loans will not be made or at least will not be made to members of certain groups?
Redlining
What is the prohibited practice of directing members of certain racial or ethnic groups to certain neighborhoods and directing members of other groups to different neighborhoods?
Steering
The ADA is divided into how many titles and which one pertains to public accommodations?
The ADA is divided into five sections, which are called Titles: Title III covers public accommodations and commercial facilities.
What two laws, taken together, constitute the federal Fair Housing Act?
The Fair Housing Amendments Act of 1988, taken together with the Civil Rights Act of 1968 constitutes the federal Fair Housing Act.
What court case upheld the 1866 Civil Rights Act and the 13th Amendment to the U.S. Constitution?
The Jones v. Mayer case.
Thirteenth Amendment
The Thirteenth Amendment prohibits slavery or other "involuntary servitude" except as punishment for a crime anywhere in the United States. Because most former slaves had been private property, the impact of this amendment was primarily on private citizens—i.e., it in effect abolished what had formerly been a lawful form of property Thirteenth Amendment has no "state action" requirement—that is, it is not limited just to restricting what the U.S. Congress or the state governments may do.
Two avenues of remedy for discriminative recourse
The first is to file a complaint with the Department of Housing and Urban Development. HUD investigates the complaint and, if it is determined that a discriminatory housing practice has occurred or is about to occur, HUD starts judicial action. If HUD determines that no reasonable cause exists to believe that discrimination in housing has occurred, the complaint is dismissed.
What is the principal function of the OHR?
The principal function of the OHR is to receive, investigate, and pass upon complaints of unlawful discrimination occurring anywhere within the District in the areas of employment, housing, and public accommodations.
How should people with a disability be described?
When working with people with disabilities, they are people first. They should not be defined by their conditions or diseases.
Fair Housing Act.
makes it illegal for anyone to refuse to sell or rent a property to a person because of race or any other protected class. provides protection against the discriminatory housing practices if they are based on race, color, religion, sex, national origin, disability, or familial status. D.C. condo owners to pay $550,000 for not stopping harassment. (Washington, D.C., June 10, 1998). A south Washington condominium association will pay $550,000 to a black resident who sued the association for not putting an end to racial slurs directed toward her by a neighbor. The association will also buy back her condo for $52,000. Before the case was settled, Judge Ricardo M. Urbina ruled that condo associations are covered by the Fair Housing Act, signaling to the condo associations that they would have an uphill battle to avoid liability. HUD files race charge against agents who refused sale to woman. (High Ridge, Mo., June 9, 1998). HUD filed discrimination charges Monday alleging that a Jefferson County developer refused to sell a house to an African American couple in two all-white subdivisions. The owner of C & R Construction & Development Co. and Home Construction Inc. in Imperial allegedly told the couple's agent, Mary Reeves, that she should have known better than to have brought blacks to a "redneck area" in High Ridge, said officials of HUD.
commercial facilities
means facilities that are intended for nonresidential use and whose operations will affect commerce. [§301(2)(A)(B)]. The term does not include railroad locomotives, railroad freight cars, railroad cabooses, or railroad cars.
Executive Order 11063 (1962)
prohibiting discrimination in the sale, leasing, or rental of federally owned or operated properties, as well as those provided with federal funds, e.g., FHA-insured and VA-guaranteed loan programs.
readily achievable
to mean something "easily accomplishable and able to be carried out without much difficulty or expense."
