fair housing for persons with disabilities

Metro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000

Lyonel LaGrone, Jr.Metro Fair Housing Services, Inc.

Metro Fair Housing Services, Inc. Founded in 1974 Private, not-for-profit, fair housing

organization whose primary purpose is to prevent housing discrimination in the metropolitan Atlanta area and throughout the state of Georgia.

Mission: To promote social justice and eliminate housing and lending inequities for all people, including those with disabilities, through leadership, education and outreach, public policy advocacy and enforcement.


What is a disability?

Similar definitions under the Act, 504 and ADA: A physical or mental impairment that substantially limits

one or more major life activities, like walking, breathing, seeing, hearing, speaking, learning…..

Having a history of such impairment Being perceived as having such an impairment Being associated with someone with such an impairment

CAUTION: THIS IS NOT THE SAME AS THE DEFINITION OF DISABILITY FOR PROGRAM

ELIGIBILITY PURPOSES(i.e. must have AIDS or a related disease to qualify

for HOPWA)


Three Key Laws Relating to Discrimination Based on Disability Fair Housing Act (the Act)

Applies to virtually all housing

Section 504 of the 1973 Rehabilitation Act (Section 504) Applies to recipients of federal financial assistance HUD has comprehensive regulations addressing HUD funded

housing Does NOT apply to landlords who receive only Section 8

certificate or Voucher funds

The Americans with Disabilities Act (ADA) Title II applies to housing operated by state or local

governments and is very similar to Sec. 504 Title III applies to places that serve the general public,

which includes rental offices, but not the housing itselfMetro Fair Housing Services, Inc. Atlanta, GA (404) 524-0000

Definition of Disability

This protection does not include: Current illegal drug users Juvenile offenders, sex offenders or

transvestites Persons convicted of the illegal

manufacture or distribution of a controlled substance

Types of Discrimination

• Overt– Blatant unfair treatment of someonebecause of their membership in a protectedclass.• Disparate Treatment• Disparate Impact

Reasonable Accommodations Under disability laws, reasonable

accommodations must be made at the expense of the landlord/housing provider

Fair Housing Act: Changes in rules, policies, practices, or

practices or services that are necessary for a person to “use and enjoy” housing


Reasonable Accommodations Section 504

Changes to rules or policies AND structural changes that are necessary for a person with a disability to “use and enjoy” housing


Basic Principles of Reasonable Accommodations Need and request are based on a person’s

disability Housing provider must be aware of disability

If obvious disability, housing provider cannot ask for confirmation, medical or otherwise. This is a specific violation

If not an obvious disability, or if housing provider questions disability, housing provider may ask for back up

Examine forms, if a housing provider uses one. Sometimes the inquiry goes to far by asking the nature or severity of the disability or whether the complainant is capable of living independently. This is a separate violation

There may be HIPAA violations if housing provider contacts health care provider without a release


What makes a reasonable accommodation requirement arise?1. A person has a disability within the

meaning of the law2. The housing provider knows, or should

know, of the nature of the disability3. An accommodation is needed for the

person to benefit from the housing4. The housing provider knows, or should

know, of the need for the accommodation


When do accommodations have to be made? The requested accommodation must

be made if they are reasonable

The requested accommodations must be acted upon within a reasonable time, because the delay may amount to denial of the accommodation


What is the process for requesting Reasonable Accommodations? There is no specific or required process for

making a reasonable accommodation request: Accommodation request can be made verbally or in

writing An accommodation request doesn’t have to be called

a “request for a reasonable accommodation” There is an obligation to make an accommodation

even when one is not actually requested if the need is apparent

Cannot ask for confirmation of disability or of need for the accommodation if disability/need for accommodation is obvious


When is a request for an Accommodation Unreasonable? A request for a reasonable

accommodation may be rejected if it is unreasonable: The test under both the fair Housing Act

and Section 504 is whether the accommodation would pose an undue financial and administrative burden OR

The accommodation would fundamentally alter the nature of the program (the way you do business)


Necessary and Reasonable

To show that a requested accommodation may be necessary, there should be an identifiable relationship or nexus between the requested accommodation and the individual’s disability

An accommodation will not be considered reasonable if it constitutes a fundamental alteration of the provider’s program, or an undue financial and administrative burden

Undue Burden

Financial resources of the provider Cost of the reasonable

accommodation Benefits to the requesting

applicant/resident Availability of other, less expensive

alternative accommodations that would effectively meet the applicant/resident’s disability-related needs must be considered

What about invisible disabilities? “If a landlord is skeptical of a

tenant’s alleged disability or the landlord’s ability to provide an accommodation, it is incumbent upon the landlord to request documentation or open a dialogue.” Jankowski Lee and Associates v.Cisneros, 91 F. 3rd 891 (7th Cir. 1996)


Equality of Treatment

People with disabilities cannot be treated adversely because they are disabled

Differences in treatment must be justified by one or more legitimate, non-discriminatory reasons

CAUTION: NOTHING IN THE FAIR HOUSING ACT REQUIRES THAT HOUSING BE MADE AVAILABLE TO A PERSON WHOSE TENANCY WOULD CONSTITUTE A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHERS OR WHOSE TENANCY WOULD RESULT IN SUBSTANTIAL PHYSICAL DAMAGE TO THE PROPERTY OF OTHERS

This does not include a situation where the circumstances of threat can be ameliorated by a reasonable accommodation


Direct Threat

Can’t Exclude individuals based upon fear, speculation, or stereotype about a particular disability or persons with disabilities in general

Must rely on an individual assessment that is based on reliable objective evidence (e.g. current conduct, or a recent history of overt acts)

Direct Threat

The assessment must consider: The nature, duration, and severity of the

risk of injury The probability that injury will actually

occur Whether there are any reasonable

accommodations that ill eliminate the direct threat

Diagnoses is not important Unlike program eligibility, the name of

the disability does not matter nor does the source of income – it is how the disability, whatever type, affects a person’s ability to go about daily life activities

For this reason, asking the label of the disability is not necessary

The nature of the disability does not normally have to be disclosed


Assisting Clients

A client must need an accommodation because of her disability

Interview the client about her need for the specific accommodation How will the accommodation help you? Have you considered other accommodations? Why do you need this particular

accommodation? Does the housing provider know that you

need this accommodation and do they know it is because you are disabled?


Assisting Clients

How does the disability affect daily life activities? Questions should be geared to the type of accommodation being requested Affect ability to walk long distances? Climbing steps? Stay in your unit alone? Take care of yourself? Remember how to do routine activities? Ask how long this has been occurring Ask for examples of concerns Are there witnesses who have observed the day to day

affects of the disability? And does the housing provider know you have a

disability? Who did you talk to? To whom did you give specifics?


Is there a response to the request? If yes, evaluate it. Was the response timely or was there no response? Delay may be

the same as denial. [see e.g. HUD v. Ocean Sands] Did the response address the requested accommodation, or was it

more like “let’s make a deal”? The housing provider must grant the request accommodation unless it would be undue financial and administrative hardship or a fundamental alteration of the program. [see e.g. United States v. Freer, 864 F. Supp. 324 (W.D.N.Y. 1994)]

Review the alternative proposed. What does the client think of it? If an alternate accommodation is offered, why wont it work?

What would be the burden on the housing provider if the accommodation were made? Is there a cost burden? An administrative burden? Would it have fundamentally changed the operations?

Did the housing provider impose any fees or conditions or requirements on the accommodation? That is a separate violation.


Resources

www.hud.gov www.metrofairhousing.com www.gceo.state.ga.us www.consumerfinance.gov www.nationalfairhousing.org www.justice.gov

Q & A


fair housing for persons with disabilities

Documents

fair housing organization

housing discrimination

disabilityfair housing

metropolitan atlanta

disabilities act adatitle

rehabilitation act section

structural changes

sex offenders