fair housing legal update

Fair Housing Legal Update

Alphonso Eason

Trial Attorney

U.S. Department of

Housing and Urban Development

Office of General Counsel

Kansas City Regional Office

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Legal Authority

Title VIII of the Civil Rights Act of 1968, as amended by the

Fair Housing Amendments Act of 1988 (Fair Housing Act)

42 U.S.C. Sections 3601 et seq.

24 C.F.R. Parts 100-103.

Presentation

• Bases and prohibited discriminatory conduct• Equal Access, Discriminatory Effects, AFFH• HUD Documents• Several cases in HUD Region VII • HUD Secretary-initiated complaints• Resolution (ALJ Adjudication, HUD Settlement or

Conciliation Agreement)• Relief (Individual and Public Interest)

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Bases covered under the Fair Housing Act (FHA)

• Handicap (Disability)• Race/National Origin/Color• Sex (Gender) • Familial status• Religion

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FHA prohibits discriminatory conduct in housing

• Sale or rental• Terms and conditions• Advertising• Financing• Design and Construction• Reasonable Accommodations/Modifications• Retaliation, Interference, Coercion, or

Intimidation

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Disability Discrimination Issues

• Traditional• Design and Construction Requirements

(Accessibility)• Reasonable Accommodations/Modifications

Design and Construction

Joint Statement of HUD-DOJ (Design and

Construction Requirements for Covered Multifamily Dwellings Under the FHA)•Issued: April 30, 2013•63 Questions and Answers •Accessibility requirements•Types of dwellings•Public and common use areas

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Design and Construction Case

HUD (EHOC) v. H & H Development Group, Inc., et al. (HUD 2014)•HUD Region VII: St. Louis, Missouri area•Complainant (Metropolitan St. Louis Equal Housing Opportunity Council (EHOC))•Respondents (Owner, Architect, Builder, Engineers)• Inaccessible features in building, clubhouse

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Design and Construction Case

HUD Settlement•$2,800 individual relief to EHOC•$32,200 to create a Retrofit Fund•Administer Retrofit Fund to obtain the Corrective Actions at the property •Perform in-kind concrete work•Fair housing training

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Reasonable Accommodations

FHEO Notice: Service Animals and Assistance Animals for Persons with Disabilities in Housing and HUD-Funded Programs•Issued: April 25, 2013 •Purpose•Applicability•Organization

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Reasonable Accommodation Case

HUD (Archibald) v. Riverbay, et al (ALJ 2012)•Bronx, New York•Complainant (Joseph Archibald)•Respondents (Riverbay Corporation, Vernon Cooper, and Henry T. Milburn, Jr.)•No pets policy•Service Animal•Denial of reasonable accommodation; Retaliation

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Reasonable Accommodation Case

ALJ Adjudication•Grant the reasonable accommodation request•$8,930.78 in actual damages to Complainant•$30,000 in intangible damages (severe anxiety, embarrassment, and emotional distress) to Complainant•$32,000 in civil penalties•Fair housing training

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Race/National Origin/Color Discrimination Issues

• Traditional Race • National Origin/Immigration Status

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Race/National Origin Discrimination

HUD Housing Study (2012)•Office of Policy Development and Research•Housing Discrimination Against Racial and Ethic Minorities •Black, Hispanic, Asian and White•Executive Summary•Rental and Sales Markets•Paired Testing

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National Origin/Immigration Status

HUD: Immigration Status and Housing Discrimination (Frequently Asked Questions)•8 Questions and Responses•National Origin Discrimination•Immigration Status

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National Origin Discrimination Case

HUD v. Peachtree Apartments, et al. (HUD 2012)•Clanton, Alabama•Complainant (HUD)•Respondents (Manager, Management Company, Owner)•Testing case (Central AL Fair Housing Center)•“Are you Hispanic?”•Discrimination based on national origin

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National Origin Discrimination Case

HUD Conciliation•Donate $5,000 to Central AL Fair Housing Center•Donate $5,000 to a local or state-wide group or organization that support the interests of Hispanics•Nondiscrimination Policy•Limited English Proficiency Standards•Mandatory Civil Rights Compliance Training•Internal FH Compliance Testing Program

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Sex (Gender) Discrimination

• Traditional• Pregnancy/Maternity Leave• Sexual Harassment

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Sex (Gender) Discrimination Case

Dittmar v. Elite Properties of Iowa, LLC, et al. (ALJ 2010)•HUD Region VII: Cedar Rapids, Iowa•Complainant (Beverly Dittmar)•Respondents (Management Company, Employee)•Extensive local flooding•Discrimination based on sex (gender) •Retaliation

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Sex (Gender) Discrimination Case

ALJ Adjudication•Default judgment•$150 in actual damages to Complainant•$20,000 in emotional distress relief to Complainant•Back rent and associated fees not collectable•$32,000 in civil penalties

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Pregnancy/Maternity Leave Case

HUD v. Cornerstone Mortgage Company, et al. (HUD 2011)•Complainant (HUD)•Respondent (Cornerstone Mortgage Company) •Pregnancy or maternity leave•Discriminatory mortgage lending practices•Discriminatory statements•Discrimination based on sex or familial status

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Pregnancy/Maternity Leave Case

HUD Conciliation•$15,000 in individual relief•$750,000 to create a victims’ fund for other borrowers who were discriminated against•Pay as many as 100 successful claimants $7,500 each •Fair housing training•Update mortgage lending policies

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Familial Status Discrimination Issues

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• Traditional• Internet Advertising

Familial Status Discrimination Case

HUD (Potter) v. Morgan, et al. (ALJ 2012)•Cody, Wyoming•Complainants (Neisha and Jason Potter and their minor children)•Respondent (Thea Morgan) •Discriminatory Statements•Refusal to negotiate•Discrimination based on familial status

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Familial Status Discrimination Case

ALJ Adjudication•HUD Secretarial Review•$4,750 in tangible damages to Complainants•$15,000 in intangible damages to Complainants•$500 civil penalty•Fair housing training

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Internet Advertising Case

HUD v. USA4SALE Network, Inc. (HUD 2011)•Complainant (HUD)•Respondent (USA4SALE Networks, Inc.)•Website•Published Discriminatory Statements•“No children” or “No Kids”•Discrimination based on familial status•FHEO Office of Systemic Investigations

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Internet Advertising Case

HUD Conciliation•$7,500 monetary donation to fair housing group•$7,500 in-kind services donation (FH Advertising)•Install filters to detect and prevent the posting of offensive ads•Develop priority notification/communication channels for fair housing groups •Fair housing training•Collaborate with HUD and fair housing groups

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Other Housing Discrimination Issues

• Equal Access Rule• Discriminatory Effects Rule• AFFH

Equal Access Rule

HUD Rule: Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity•Issued: February 3, 2012•Summary•Background•Public Comments•Findings and Certifications

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Discriminatory Effects Rule

HUD Rule: Implementation of the Fair Housing Act’s Discriminatory Effects Standard•Issued: February 15, 2013•Executive Summary•Background•Public Comments•The Final Rule

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Affirmatively Furthering Fair Housing

HUD Proposed Rule: Affirmatively Furthering Fair

Housing•Issued: July 19, 2013•Executive Summary•Background•Summary of Proposed Rule•Findings and Certifications

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QUESTIONS?

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Contact Information

Alphonso Eason

Trial Attorney

Office of General Counsel

U.S. Department of Housing

and Urban Development

(913) 551-5442

Alphonso.L.Eason@hud.gov