Fair Housing Legal Update (2014 Lincoln Commision on Human Rights)

Fair Housing Legal Update Alphonso Eason Trial Attorney U.S Department of Housing and Urban Development Office of General Counsel Kansas City Regional Office 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) Bases covered under the Fair Housing Act (FHA) • • • • • Handicap (Disability) Race/National Origin/Color Sex (Gender) Familial status Religion 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 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 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 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 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 10 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 19 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 20 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 21 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 22 Familial Status Discrimination Issues • Traditional • Internet Advertising 23 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 24 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 25 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 26 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 27 Other Housing Discrimination Issues • Equal Access Rule • Discriminatory Effects Rule • AFFH 28 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 29 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 30 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 31 QUESTIONS? 32 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 33 ... Fair Housing Center) •“Are you Hispanic?” •Discrimination based on national origin 16 National Origin Discrimination Case HUD Conciliation •Donate $5,000 to Central AL Fair Housing Center •Donate... 14 National Origin/Immigration Status HUD: Immigration Status and Housing Discrimination (Frequently Asked Questions) •8 Questions and Responses •National Origin Discrimination •Immigration Status... and Construction Reasonable Accommodations/Modifications Retaliation, Interference, Coercion, or Intimidation Disability Discrimination Issues • Traditional • Design and Construction Requirements