HUD CHARGES MINNESOTA LANDLORD WITH HOUSING DISCRIMINATION AFTER DENYING VETERAN THE RIGHT TO KEEP HIS ASSISTANCE DOG

October 2016 - The U.S. Department of Housing and Urban Development (HUD) today announced it is charging the owner and manager of a West St. Paul, Minn., apartment complex with discrimination for refusing to allow an Army veteran, who served tours of duty in Iraq and Afghanistan, to keep an emotional support animal. Click here to read the charge.

The Fair Housing Act prohibits housing providers from denying or limiting housing to people with disabilities, or from refusing to make reasonable accommodations in policies or practices for people with disabilities. Allowing people with disabilities to have assistance animals that perform work or tasks, or that provide disability-related emotional support, is considered a reasonable accommodation under the Act.

"Assistance animals play a vital role in helping our veterans cope with service-related disabilities," said Anna Maria Farías, HUD Assistant Secretary for Fair Housing and Equal Opportunity. "Housing providers have an obligation to permit these animals, and HUD ensures that they meet this obligation."

The case came to HUD's attention when the veteran filed a complaint alleging that the owner and manager of Westview Park Apartments denied his request to keep an assistance animal, despite the veteran explaining in detail his right to have the animal. In a letter responding to the veteran's request, the owner suggested that he get a cat instead, citing the property's policy of allowing cats but not allowing assistance animals weighing more than 12 pounds. The owner also stated that, even for an animal under 12 pounds, the veteran would need to provide proof that the animal was licensed.

The veteran responded by providing a copy of his license for the animal, a certificate of training, and additional information about the animal, but the owner still refused his request, stating the dog had to be removed from the property. In a subsequent letter, the manager notified the veteran that he was in violation of his lease by having the dog and that he had two weeks to vacate the unit. The eviction action was later withdrawn, but the veteran, still not being allowed to keep the animal, moved out of the apartment at the end of his lease.

Disability is the most common basis of complaint filed with HUD and its partner agencies. Last year alone, HUD and its partners considered more than 4,500 disability-related complaints, nearly 55 percent of all fair housing complaints.

HUD's charge will be heard by a United States Administrative Law Judge unless any party elects for the case to be heard in federal court. If the administrative law judge finds after a hearing that discrimination has occurred, he may award damages to the complainant for his loss as a result of the discrimination. The judge may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the judge may impose civil penalties in order to vindicate the public interest.

People who believe they have experienced discrimination may file a complaint by contacting HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing discrimination complaints may also be filed by going to hud.gov/fairhousing, or by downloading HUD's free housing discrimination mobile application, which can be accessed through Apple and Android devices.

source: HUD Oct. 6, 2017 press release

PEOPLE LIVING WITH MENTAL DISABILITIES FACE SIGNIFICANT RENTAL HOUSING DISCRIMINATION, FEDS REPORT

WASHINGTON – Sept. 2017 - Persons living with mental illness, intellectual or other developmental disabilities continue to face significant housing discrimination in the rental housing market, according to a new pilot study released by the U.S. Department of Housing and Urban Development (HUD).

Rental Housing Discrimination on the Basis of Mental Disabilities: Results of Pilot Testing finds that when compared to people without mental disabilities, those persons who are living with mental disabilities receive fewer responses to their rental inquiries, are informed of fewer available units, and are less likely to be invited to contact the housing provider.  In addition, HUD’s study found that they are less likely to be invited to tour an available unit, are more likely to be steered to a different unit than the one advertised, and are treated differently depending on their type of disability.

The study also examined what happens when a person with a mental disability makes a request for a reasonable accommodation, finding that a large percentage of people with mental disabilities were given a negative response to their requests, ranging from outright denials to subtler barriers.

“Today’s study spotlights the types of discrimination people with mental disabilities experience when searching for housing,” said HUD Secretary Ben Carson. “The findings will not only inform our enforcement efforts, but enable us to identify and remove barriers for those who face housing discrimination. Though nearly 30 years have passed since the Fair Housing Act was expanded to protect individuals with disabilities, we still have work to do to ensure equitable housing opportunities for all.”

The study has significant importance for the future of paired testing for housing discrimination because it represents the first multicity housing discrimination study to utilize people with mental disabilities as testers. Research focused on two areas: the prevalence and kinds of discrimination facing people with mental disabilities seeking rental housing in the private market, and effective methodologies for testing for housing discrimination using people with mental disabilities as testers.

As a pilot study, it was conducted through e-mail and phone testing in nine small and mid-sized urban rental markets that mirror the distribution of the mental and developmental disability population across metropolitan statistical areas in the U.S., and with in-person testing in the two large rental markets, Chicago and Washington, DC. Testing was divided equally between mental illness and intellectual developmental disabilities, and a total of more than 1,000 matched pair tests (i.e. pairing and comparing testers with mental disabilities with testers who have no mental disabilities, known as control testers) were administered.

The pilot study revealed that individuals with mental disabilities seeking rental housing were: 

• Less likely to receive a response to their inquiry in e-mail testing (17.55 percent of people without disabilities received a response compared with 9.19 percent of people with mental illness and intellectual or developmental disability in email testing);
• Less likely to be told an advertised unit was available in in-person testing (5.94 percent of people without disabilities were told that the advertised unit was available compared with 0.99 percent of people with mental illness and intellectual or developmental disabilities in in-person testing);
• Less likely to be invited to contact the housing provider in e-mail testing (7.69 percent of people without disabilities were invited to contact the housing provider to see the unit compared with 0.00 percent of people with mental illness and intellectual or developmental disabilities in e-mail testing);
• Less likely to be invited to inspect the available unit in telephone testing (21.26 percent of people without disabilities were invited to inspect the unit compared with 16.47 percent of people with mental illness and intellectual or developmental disabilities in telephone testing);
• More likely to be encouraged to look at a different unit than the one advertised in telephone testing, a potential indicator of steering people with mental illness and intellectual or developmental disabilitiestoward specific buildings or areas within rental complexes; and
• Treated adversely at disparate rates depending on disability type, with higher rates of adverse treatment found for individuals with mental illness than for those with intellectual or developmental disabilities.

Additionally, the willingness of a housing provider to grant a request for an accommodation varied by mode of testing, with the rate of granting a request for a reasonable accommodation being significantly higher when the request was made by telephone compared to email.  However, regardless of the testing mode, a significant percentage of people with mental disability seeking reasonable accommodation were given a negative response to their request.  Moreover, when requests were made by phone, response rates differed by type of disability, revealing that a higher percentage of housing providers were willing to provide accommodations to people with intellectual or developmental disabilities (63.8 percent) than to people with mental illness (55.2 percent).

These results suggest that a broad-based initiative to educate housing providers about their fair housing rights and obligations could be helpful.  The study also suggests that housing, disability, and civil rights organizations should increase their efforts to educate persons with mental disabilities about their housing rights, how to recognize discrimination, and what actions they should take when facing possible discrimination.

HUD is also publishing four supplemental short papers that complement and further illustrate the complex issues surrounding both housing discrimination against people with mental disabilities and the involvement of people with mental disabilities in testing for housing discrimination.  The main pilot study and four supplemental papers can be found here.

The supplemental papers are:

• Systemic Literature Review of Research on Discrimination in Rental Housing on the Basis of Mental Disabilities.
• Getting into and Maintaining Housing in the Private Rental Market: Experiences of People with Mental Disabilities.
• Accessible & Participatory Methods for Involving People with Mental Disabilities in Housing Discrimination Testing.
• Rental Housing Access & Discrimination Experienced by People with Multiple Disabilities.

The majority of complaints filed with HUD and its partner agencies under the Fair Housing Act in Fiscal Year 2016 were on the basis of disability, with 4,908 complaints – or more than 58 percent of all fair housing complaints. HUD provides Fair Housing Assistance Program funding annually on a noncompetitive basis to state and local agencies that enforce fair housing laws substantially equivalent to the Fair Housing Act, in order for them to support a variety of fair housing administrative and enforcement activities.Through the Fair Housing Initiatives Program, HUD also provides funds to eligible organizations through competitive grants under initiatives designed to prevent or eliminate discriminatory housing practices and inform individuals of their rights and responsibilities under the Fair Housing Act.  

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HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all.
More information about HUD and its programs is available on the Internet
at www.hud.gov and http://espanol.hud.gov.

SOURCE: HUD Press Release

Illinois Receives More Than $2 Million In HUD Funding For Housing And Community Development

WASHINGTON – July 13th - U.S. Senators Dick Durbin (D-IL) and Tammy Duckworth (D-IL) announced that the U.S. Department of Housing and Urban Development (HUD) awarded a total of $2,058,130 in grant funding to Illinois agencies through two programs – the Housing Counseling Grant Program and the Service Coordinator Program – to help families, seniors, and people with disabilities who live in insured and assisted apartment housing across the state live more independent lives. 

“This funding will give local housing agencies across Illinois the ability to expand and improve existing supportive services for families, seniors, and people with disabilities, helping them to continue to live as independently as possible in the communities they love and know,” Senator Durbin said. “These federal programs provide invaluable assistance to those in need and I will continue to fight for them in these times of uncertainty.” 

“It’s important that Americans who rely on additional assistance at home – including seniors and those living with a disability – have access to the resources they need to live healthy, independent lives,” said Senator Duckworth. “This funding will help improve housing conditions for families across Illinois and I’ll keep working to ensure every American has access to safe and affordable housing options.”

 Illinois housing authorities/ development agencies will receive a total of $1,037,179 in grant funding through HUD’s Housing Counseling Grant Program.  This program provides funding for counseling and advice to tenants and homeowners, both current and prospective, with respect to property maintenance, financial management/ literacy, and other matters appropriate to assist them in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership.

Twenty-two Illinois housing service providers will receive a total of $1,020,951 in HUD grant funding for the employment of Service Coordinators in insured and assisted apartment housing that is designed for the elderly and persons with disabilities.  A service coordinator is a social service staff person hired or contracted by the development’s owner or management company and is responsible for assuring that elderly residents and those non-elderly residents with disabilities are linked to the specific supportive services they need to continue living independently. 

source : press release

Disability Rights in Housing

The U.S. Department of Housing and Urban Development (HUD) has the following information and resources posted under 'people with disabilities'. As with any issues always check with your state and local government, as in many cases you find additional regulations. The information posted is current as the date of this post, always check with HUD for updates.

Definition of Disability: Federal laws define a person with a disability as "Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment."

In general, a physical or mental impairment includes hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex, and mental retardation that substantially limits one or more major life activities. Major life activities include walking, talking, hearing, seeing, breathing, learning, performing manual tasks, and caring for oneself.

Disability Rights in Private and Public Housing: Regardless of whether you live in private or public housing, Federal laws provide the following rights to persons with disabilities:

• Prohibits discrimination against persons with disabilities. It is unlawful for a housing provider to refuse to rent or sell to a person simply because of a disability. A housing provider may not impose different application or qualification criteria, rental fees or sales prices, and rental or sales terms or conditions than those required of or provided to persons who are not disabled.
  
  Example: A housing provider may not refuse to rent to an otherwise qualified individual with a mental disability because s/he is uncomfortable with the individual's disability. Such an act would violate the Fair Housing Act because it denies a person housing solely on the basis of their disability.
   
• Requires housing providers to make reasonable accommodations for persons with disabilities. A reasonable accommodation is a change in rules, policies, practices, or services so that a person with a disability will have an equal opportunity to use and enjoy a dwelling unit or common space. A housing provider should do everything s/he can to assist, but s/he is not required to make changes that would fundamentally alter the program or create an undue financial and administrative burden. Reasonable accommodations may be necessary at all stages of the housing process, including application, tenancy, or to prevent eviction.
  
  Example: A housing provider would make a reasonable accommodation for a tenant with mobility impairment by fulfilling the tenant's request for a reserved parking space in front of the entrance to their unit, even though all parking is unreserved.
   
• Requires housing providers to allow persons with disabilities to make reasonable modifications. A reasonable modification is a structural modification that is made to allow persons with disabilities the full enjoyment of the housing and related facilities.
  
  Examples of a reasonable modification would include allowing a person with a disability to: install a ramp into a building, lower the entry threshold of a unit, or install grab bars in a bathroom. Learn More About Reasonable Accomodations
  
  Reasonable modifications are usually made at the resident's expense. However, there are resources available for helping fund building modifications. Additionally, if you live in Federally assisted housing the housing provider may be required to pay for the modification if it does not amount to an undue financial and administrative burden. For more information, see the Reasonable Accommodations section of the Section 504 Frequently Asked Questions page.
   
• Requires that new covered multifamily housing be designed and constructed to be accessible. In covered multifamily housing consisting of 4 or more units with an elevator built for first occupancy after March 13, 1991, all units must comply with the following seven design and construction requirements of the Fair Housing Act:
  • Accessible Entrance on an Accessible Route
  • Accessible Public and Common-Use Areas
  • Usable Doors
  • Accessible Route Into and Through the Dwelling Unit
  • Accessible Light Switches, Electrical Outlets, Thermostats, and Environmental Controls
  • Reinforced Walls in Bathrooms
  • Usable Kitchens and Bathrooms

In covered multifamily housing without an elevator that consists of 4 or more units built for first occupancy after March 13, 1991, all ground floor units must comply with the Fair Housing Act seven design and construction requirements. 

For information on how to comply with the physical accessibility requirements of the Fair Housing Act, visit the Fair Housing Accessibility FIRST Web site.

These requirements apply to most public and private housing. However, there are limited exemptions for owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

If you live in Federally assisted multifamily housing consisting of 5 or more units, 5 percent of these units (or at least one unit whichever is greater) must meet more stringent physical accessibility requirements. Additionally, 2 percent of units (or at least one unit whichever is greater) must be accessible for persons with visual or hearing disabilities. For more information,visit Section 504 Questions and Answers.

People with Disabilities in Federally Assisted Housing: Federal law makes it illegal for an otherwise qualified individual with a disability to be excluded, solely because of his or her disability, from programs receiving federal financial assistance. For more information on the rights of persons with disabilities in federally assisted housing as well as the responsibilities of housing providers who receive federal financial assistance, visit our Section 504: Disability Rights in HUD Programs site.

Zoning and Land Use: It is unlawful for local governments to utilize land use and zoning policies to keep persons with disabilities from locating to their area. For more information, see the Joint Statement of DOJ and HUD on Group Homes, Local Land Use, and the Fair Housing Act.

State and Local Laws: Many states and localities have fair housing laws that are substantially equivalent to the Federal Fair Housing Act. Some of these laws prohibit discrimination on additional bases, such as source of income or marital status. Some of these laws may impose more stringent design and construction standards for new multifamily housing.

The Americans with Disabilities Act: In most cases, the ADA does not apply to residential housing. Rather, the ADA applies to places of public accommodation such as restaurants, retail stores, libraries, and hospitals as well as commercial facilities such as offices buildings, warehouses, and factories. However, Title III of the ADA covers public and common use areas at housing developments when these public areas are, by their nature, open to the general public. For example, it covers the rental office since the rental office is open to the general public.

Title II of the ADA applies to all programs, services, and activities provided or made available by public entities. This includes housing when the housing is provided or made available by a public entity. For example, housing covered by Title II of the ADA includes public housing authorities that meet the ADA definition of "public entity," and housing operated by States or units of local government, such as housing on a State university campus.

For more information on the Americans with Disabilities Act, visit the Department of Justice ADA Home Page.

File a Complaint: To file a complaint or for information on how HUD processes housing discrimination complaints, see Fair Housing-It's Your Right.

FOR MORE INFORMATION, RESOURCES, and UPDATES, VISIT HUD AT: https://www.hud.gov/

Feds Intervenes in False Claims Act Lawsuit Against the City of Los Angeles for Knowingly Failing to Provide Accessible Housing

June 7, 2017 - The United States has intervened in a lawsuit against the City of Los Angeles and the CRA/LA (formerly the Community Redevelopment Agency of the City of Los Angeles) alleging that they falsely certified compliance with federal accessibility laws in connection with claims submitted to the U.S. Department of Housing and Urban Development (HUD) for housing grants, the Department of Justice announced today. The accessibility laws allegedly violated include Section 504 of the Rehabilitation Act, the Fair Housing Act, and the duty to affirmatively further fair housing, which are meant to ensure that people with disabilities have fair and equal access to public housing.

The lawsuit alleges that the City applied for and received from HUD millions of dollars in federal housing funds, a portion of which it provided to the CRA/LA, to develop affordable housing that was accessible for people with disabilities. As recipients of HUD funds, the City and the CRA/LA must comply with the accessibility laws allegedly violated. Among other things, these laws require that five percent of all units in certain federally-assisted multifamily housing be accessible for people with mobility impairments, and an additional two percent be accessible for people with visual and auditory impairments. They also require that the City and the CRA/LA maintain a publicly available list of accessible units and their accessibility features. Likewise, they require that the City and the CRA/LA have a monitoring program in place to ensure people with disabilities are not excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in, federally-assisted housing programs and activities solely on the basis of a disability.

The City annually had to certify compliance with Section 504, the Fair Housing Act, and the duty to affirmatively further fair housing as a precondition for receiving HUD funds. The lawsuit alleges that none of the HUD-assisted multifamily housing supported by the CRA/LA, or other developers, met the minimum number of accessible units. The lawsuit also alleges that the City and the CRA/LA neither monitored sub-recipients of HUD funds for compliance with federal accessibility laws nor maintained a publicly-available list of accessible units and their accessibility features.

“Recipients of federal housing funds must honor their commitments to accommodate people with disabilities,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Denying people with disabilities equal access to public housing deprives one of the most disadvantaged groups in society of fair housing opportunities.”

“This case alleges that the City of Los Angeles repeatedly violated the law by falsely certifying that millions of federal dollars were being used to build housing that included units accessible to people with disabilities,” said Acting U.S. Attorney Sandra R. Brown for the Central District of California. “While people with disabilities struggled to find accessible housing, the city and its agents denied them equal access to housing while falsely certifying the availability of such housing to keep the dollars flowing. The conduct alleged in this case is very troubling because of the impact on people who did not have access to housing that met their needs.”

“This case demonstrates the important role whistleblowers play in the process of uncovering waste, fraud, and abuse,” said HUD Inspector General David A. Montoya. “It further displays our commitment to fully pursue allegations that are brought to our attention.”

The lawsuit, United States ex rel. Ling, et al. v. City of Los Angeles, et al., No. CV11-00974 (PG), was filed in the U.S. District Court in Los Angeles by Mei Ling, a resident of Los Angeles who uses a wheelchair, and the Fair Housing Council of San Fernando Valley, a nonprofit civil rights advocacy group. The lawsuit was filed under the qui tam or whistleblower provisions of the False Claims Act, which permit private parties to sue on behalf of the United States when they believe that a party has submitted false claims for government funds, and to receive a share of any recovery. The False Claims Act permits the government to intervene in such a lawsuit, as it has done in this case.

These matters were investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Central District of California, and the HUD Office of Inspector General.

The claims asserted against the City of Los Angeles and the CRA/LA are allegations only; there has been no determination of liability.

Attachment(s): 

Download Order On Notion of Election of the United States to Intervene

source: Department of Justice press release - https://www.justice.gov/opa/pr/united-states-intervenes-false-claims-act-lawsuit-against-city-los-angeles-and-crala

How to File a Housing Discrimination Complaint – What every home buyer and renter should know: HUD Video (cc)

Your have a right to search for housing without being discriminated in any way. This right is  protected under Title VIII of the Civil Rights Act of 1968, also known as the Fair Housing Act, which makes it illegal to discriminate based on race, color, national origin, religion, sex, family status or disability. If you have been trying to buy or rent a home or apartment and you believe your housing rights have been violated, you can file a fair housing complaint with HUD.

Have you ever gone to rent an apartment or home, and once there the leasing agent told you, “Sorry, we don’t have anything right now”? You could have sworn that they had advertised units were available. Maybe you felt that something about the exchange was wrong, Or even more unsettling, you suspect you’d been discriminated against. But what can you do?


HUD’s Office of Fair Housing and Equal Opportunity has produced a  consumer video to show what happens when a fair housing complaint is filed. 


YouTube Published by HUDchannel on Dec 9, 2015
For HUD's Website, visit: http://portal.hud.gov/hudportal/HUD

HUD REACHES AGREEMENT WITH MICHIGAN LENDER IN DISABILITY DISCRIMINATION CASE

from a Press Release | Nov. 17, 2015
U.S. Department of Housing and Urban Development (HUD)

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) today announced a Conciliation Agreement with Mortgage One, Inc., of Sterling Heights, Michigan, resolving allegations of lending discrimination againstan applicant with disabilities.  HUD claimed Mortgage One and loan officer Nancy Doody required the mortgage applicant to provide intrusive and unnecessary documentation regarding his disabilities before approving his FHA-insured mortgage. Read the agreement.

The Fair Housing Act makes it illegal to discriminate in the terms and conditions of a loan to an individual based on a disability, including imposing different application or qualification criteria.

“A person’s qualifications to purchase a home should be the only criteria used to evaluate his or her loan application, not whether they are living with a disability,” said Gustavo Velasquez, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “This agreement reaffirms HUD’s ongoing commitment to ensuring that mortgage lenders treat all applicants fairly.”  

The case came to HUD’s attention when an applicant for a loan with Mortgage One filed a complaint alleging that the lender delayed his application because of his disabilities.  Specifically, the man alleged that before closing on the loan, Mortgage One requested that he provide verification from his doctor that his disability is permanent and/or a letter from the Social Security Administration stating that he would remain on disability for at least three years. 

Under the Conciliation Agreement HUD reached with Mortgage One, the lender will provide monetary relief to the man and notify its loan officers, underwriters, and processors that they may not discriminate against FHA borrowers who derive income from a public assistance program such as Social Security Disability Insurance by seeking personal medical information.

In addition, Doody, the loan processor who handled the man’s application, will attend a Fair Housing Act course regarding the obligations of lenders and their loan officers to comply with federal fair housing laws.

Any person who believes he or she has experienced discrimination may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing discrimination complaints may also be filed by going to www.hud.gov/fairhousing, or by downloading HUD’s free housing discrimination mobile application, whichcan be accessed through Apple and Android devices.

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HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all.
More information about HUD and its programs is available on the Internet
at www.hud.gov and http://espanol.hud.gov.

http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2015/

HUDNo_15-147

Justice Dept Settles with Housing Authority of Baltimore City for Failure to Provide Accessible Housing to Persons with Disabilities

from a Press Release | Oct. 30, 2015

Department of Justice

Office of Public Affairs

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FOR IMMEDIATE RELEASE

Friday, October 30, 2015

Justice Department Settles with Housing Authority of Baltimore City for Failure to Provide Accessible Housing to Persons with Disabilities

The Justice Department announced today that a federal district court has approved a supplemental consent decree between the United States, the Maryland Disability Law Center and the Housing Authority of Baltimore City (HABC).  The original consent decree contained remedies for HABC’s failure to provide accessible housing to persons with disabilities.  The supplemental consent decree, which was approved today by U.S. District Judge J. Frederick Motz of the District of Maryland, continues and amends certain terms in the original consent order in United States v. HABC, and Bailey v. HABC, entered on Dec. 20, 2004. 

“We are pleased with the significant progress made by the Housing Authority of Baltimore City to implement the terms of the original decree,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “We look forward to working with the Housing Authority to create new accessible housing opportunities for persons with disabilities and enhancing their quality of life.”

The original consent decree mandates that HABC create 756 units to comply with federal accessibility standards.  As of Aug. 31, 2015, HABC had developed all but 54 of such units.  Under the supplemental decree, these remaining units will be completed by Dec. 31, 2016.  HABC’s plan requires two and three bedroom single family homes that are fully accessible to families with a household member who has physical disabilities.

The original consent decree also mandates that HABC create 500 units for non-elderly persons with disabilities.   As of Aug. 31, 2015, HABC had created 411 such units.  Under the supplemental decree, the remaining units will be completed by Dec. 31, 2016.  Further, the original consent decree mandates that HABC create 100 new housing opportunities for non-elderly persons with disabilities called “Long Term Affordable” units.  HABC has until Dec. 31, 2017, to develop the remaining balance of these units from certain specified developments.

HABC is participating in the Rental Assistance Demonstration Program.  Under this program, HABC will be transferring certain public housing properties to private ownership.  Under the supplemental decree, the new owners are required to preserve the accessibility of the units and implement the policies and practices that protect the rights of tenants with disabilities. 

The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability.  More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt.  Individuals who believe that they have been victims of housing discrimination can call the division’s Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov

Email links icon

 or contact HUD at 1-800-669-9777.

HABC Supplemental Consent Decree

http://www.justice.gov/opa/pr/justice-department-settles-housing-authority-baltimore-city-failure-provide-accessible

WISCONSIN LANDLORDS CHARGED BY HUD THEY ALLOWED DAILY HARASSMENT OF TENANTS WITH DISABILITIES

from a Press Release | HUD No. 15-127 | Oct. 14, 2015
U.S. Department of Housing and Urban Development (HUD)

WISCONSIN LANDLORDS CHARGED WITH HOUSING DISCRIMINATION AFTER
CLAIMS THEY ALLOWED DAILY HARASSMENT OF TENANTS WITH DISABILITIES

WASHINGTON – The U.S. Department of Housing and Urban Development announced today that it is charging the owner and managers of an apartment complex in Cross Plains, Wisconsin with violating the Fair Housing Act for failing to take action to stop several tenants from harassing a neighbor, who has cerebral palsy, and her daughter with Down’s syndrome. Read HUD’s charge.

The Fair Housing Act makes it unlawful for a housing manager or owner to fail to fulfill a duty to correct and end the harassment of one tenant by another, when that harassment is based on race, color, religion, sex, familial status, national origin or, as was the case here, disability. The Fair Housing Act also makes it unlawful to interfere with any person’s right to enjoy their home.

“A person’s home should be where they feel the greatest level of comfort – not anguish and fear because of being subjected to humiliating and degrading comments,” said Gustavo Velasquez, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “Harassing a person because of their disability is not only disturbing, it is illegal.”

HUD charged Applewood of Cross Plains, LLC, William Ranguette and Candice Wood, collectively the owners and managers of Applewood Apartments, a 55-plus senior housing complex with 15 units in Cross Plains, Wisconsin, with the housing discrimination.

The case came to HUD’s attention when the mother filed a complaint alleging that she and her daughter were being subjected to constant harassment by some of their neighbors at Applewood Apartments. Specifically, the mother alleged that several of her neighbors repeatedly followed her and her daughter making offensive comments to them. In one exchange, a neighbor allegedly told the woman and her daughter: “You don’t belong here…You belong in an institution.” In another encounter, a resident allegedly referred to the woman’s daughter as “mentally retarded” telling her, “You shouldn’t be out of your apartment during the day.”

Local police warned the offending residents that citations might be forthcoming if more reports were made, but the harassment continued. The woman also reported the harassment to apartment managers but rather than addressing the behavior, one manager began pressuring the woman to move, stating that he did not believe the woman’s daughter was capable of living independently and that the two of them were causing too much trouble.

The woman and her daughter moved out of their apartment after they were served notice that their lease would not be renewed.

A United States Administrative Law Judge will hear the charges unless any party to the charge elects to have the case heard in federal district court.

Persons who believe they have experienced discrimination may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing discrimination complaints may also be filed at www.hud.gov/fairhousing or by downloading HUD’s free housing discrimination mobile application, which can be accessed through Apple and Android devices.http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2015/HUDNo_15-127

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HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all.
More information about HUD and its programs is available on the Internet
at www.hud.gov and http://espanol.hud.gov.

NEW YORK CITY LANDLORDS CHARGED BY HUD WITH DISCRIMINATING AGAINST RESIDENT WITH DISABILITIES

from a Press Release | Oct. 15, 2015
U.S. Department of Housing and Urban Development (HUD)

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging the owners and landlords of a high-rise complex in New York City with violating the Fair Housing Act by refusing to allow a resident with disabilities to have an emotional support animal. HUD’s charge alleges that Friedman Residence, LLC (formerly called the Aurora), Common Ground Management Corporation, and The Actors’ Fund of America refused to accept that the resident required a dog to cope with the symptoms of his disability. Read HUD’s charge.

The Fair Housing Act requires housing providers to make reasonable accommodations in policies or practices when a person with a disability requires such accommodations, including granting waivers to “no-pet” policies for persons who require assistance or support animals. Additionally, the law makes it unlawful to make housing unavailable to any person because of a disability.

“It’s not a landlord’s role to determine what a resident with disabilities needs in order to perform life’s daily functions,” said Gustavo Velasquez, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “Landlords have an obligation to grant reasonable accommodations when they are needed and HUD will continue to work to ensure that they meet that obligation.”

The case came to HUD’s attention after the resident, who has a psychiatric disability, filed a complaint with HUD alleging that his right to have an emotional support animal was denied. The man lives in a two-bedroom apartment at The Dorothy Ross Friedman Residence, a 30-story supportive housing residence for senior citizens, working professionals and persons living with HIV/AIDS that is sponsored by the Actors’ Fund, a New York nonprofit for performing arts and entertainment professionals.

When the tenant moved into Friedman Residence in 2004 he did not have a support animal. However, in 2010 the resident began being treated by a licensed clinical psychologist and a year later bought a small dog. After recognizing an improvement in the man’s condition, his doctor recommended that he register the animal as an official emotional support animal.

In February 2013, the landlords initiated eviction procedures against the man due to the presence of the dog. The man subsequently provided the property management director with documents from his doctor and the National Service Animal Registry showing that the dog was an emotional support animal, but instead of accepting the documentation, the landlords sent the man a final “Notice of Termination,” stating that he had not sufficiently demonstrated his need for the animal. Legal proceedings between the resident and the landlords in New York County Civil Court were stayed while this charge was investigated.

HUD’s charge will be heard by a United States Administrative Law Judge unless any party to the charge elects to have the case heard in federal district court. If an administrative law judge finds after a hearing that discrimination has occurred, he may award damages to the man for the harm caused him by the discrimination. The judge may also order injunctive relief and other equitable relief, as well as payment of attorney fees. In addition, the judge may impose fines to vindicate the public interest. If the matter is decided in federal court, the judge may also award punitive damages.

In FY 2014, disability was the most common basis of complaints filed with HUD and its partner agencies, being cited as a basis for 4,606 complaints, or 54 percent of the overall total.

Read HUD’s notice regarding service or companion animals.

HUD No. 15-129
Persons who believe they have experienced discrimination may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing discrimination complaints may also be filed by going to www.hud.gov/fairhousing, or by downloading HUD’s free housing discrimination mobile application, which can be accessed through Apple devices, such as the iPhone, iPad, and iPod Touch.

http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2015/HUDNo_15-129

Mobile App Helps Americans Find Housing

from a PRESS RELEASE | 08/13/2015
U.S. Department of Housing and Urban Development

HUD LAUNCHES RESOURCE LOCATOR APP

New app and mobile site seen as new era in customer service
 

WASHINGTON – The U.S. Department of Housing and Urban Development today unveiled the HUD Resource Locator – an innovative mobile app and website to further expand and enhance traditional HUD customer service.  The resource locator will offer real-time HUD housing information at the fingertips of people looking to quickly connect with building managers, public housing authority representatives, and property management companies to inquire about housing availability and other housing-related questions. 

The HUD resource locator is one of several services provided by HUD’s Enterprise Geographic Information System (eGIS). This tool uses GIS technology to pinpoint where resources are located and allow anyone with a smartphone or tablet to get relevant contact information. For example, the new app can be used during a disaster when families need to find housing, or when social service providers are helping persons experiencing homelessness look for available housing assistance. In an era where people are increasingly using smartphones to find information, the HUD resource locator app and mobile site provides an easy tool for anyone to use to find housing resources.The resource locator uses housing data from HUD and the U.S. Department of Agriculture.

“The HUD Resource Locator app delivers real-time HUD housing information at the touch of a button,” said HUD SecretaryJulián Castro. “In today’s global economy where more and more people have a smartphones or similar devices, HUD is committed to finding ways to make it easier for Americans to access our resources and find opportunities to move ahead.”

The HUD Resource Locator is a mobile app and mobile website that includes:

• Information about commonly requested housing-related resources from HUD field and regional offices throughout the country.
• Location data and contact information for HUD Field and Regional Offices, Public Housing Authorities, Multifamily Housing, Low Income Housing Tax Credit apartments, USDA Rural Housing, and Continuum of Care Homeless staff.
• Maps that are seamlessly linked via Facebook, Twitter, Google+, email and text messages.
• GIS and Browser Location Detection to show resources in proximity to the user.
• Ability to export search results to Excel and to generate a custom PDF resource guide.

The HUD Resource Locator mobile app is available via Apple iTunes, Google Play Marketplace and also on your browser at resources.hud.gov.   

http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2015/HUDNo_15-106

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HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all.
More information about HUD and its programs is available on the Internet
at www.hud.gov and http://espanol.hud.gov.