THE FAIRNESS FAIR HOUSING: YOU MAKE THE DIFFERENCE MAINTENANCE EDITION CONTACT INFORMATION

Transcription

1 THE FAIRNESS OF FAIR HOUSING: YOU MAKE THE DIFFERENCE MAINTENANCE EDITION CONTACT INFORMATION Jeff Boyd, COS CPO MORS RAM Phone: CO TDD Relay Service: Working Knowledge Resource 810 Benton St Lakewood, CO Representing Dakota Faucet ROCKY AHMA THE FAIRNESS OF FAIR HOUSING: YOU MAKE THE DIFFERENCE MAINTENANCE EDITION Page 1 of 15

2 Fair Housing It s the Law The Act: No person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status or national origin in the sale, rental or advertising of dwellings, in the provision of brokerage services or in the availability of residential real estaterelated transactions. 24CFR ) Possible Contributing Factors to Negative Attitudes It is illegal to Discriminate Against Any Person Because of: A. Race; B. Color; C. Religion; D. Sex; E. Handicap; F. Familial Status; G. National Origin; H. Age; I. Other Possible Contributing Factors to Negative Attitudes J. Dealing With the Negatives 2) Applying The Positives A. In the sale or rental of housing or residential lots: a Race; b Color; c Religion; d Sex; e Handicap; ROCKY AHMA THE FAIRNESS OF FAIR HOUSING: YOU MAKE THE DIFFERENCE MAINTENANCE EDITION Page 2 of 15

3 f Familial Status; g National Origin; h Age; B. In advertising the sale or rental of housing: C. In the financing of housing; D. In the provision of real estate brokerage services: E. In the appraisal of housing: F. In prohibiting blockbusting: 3) Additional Notes: 4) Forms and Information Page A. Housing Posters a Federal -English 5 b Federal -Spanish 6 c Colorado 7 d North Dakota 8 e Utah 9 B. Screenshots a Montana 10 b South Dakota 11 C. Major Differences Between Federal, Colorado, And Local Fair Housing Laws 12 D. Rights of Persons with *Handicaps/Disabilities 14 E. Disability or Handicap Means: 15 F. Fair Housing Policy and Indemnification 16 5) Fair Housing Statement of Commitment ROCKY AHMA THE FAIRNESS OF FAIR HOUSING: YOU MAKE THE DIFFERENCE MAINTENANCE EDITION Page 3 of 15

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11 MAJOR DIFFERENCES BETWEEN FEDERAL, COLORADO AND LOCAL FAIR HOUSING LAWS ADDITIONAL PROTECTED CLASSES: Colorado Law, C.R.S et seq., makes it illegal to discriminate on the basis of Marital Status, Creed, Ancestry and Sexual Orientation, in addition to all bases in the federal Fair Housing Act, (Race, Color, Religion, Sex, National Origin, Disability and Familial Status.) LOCAL ORDINANCES: Five cities have ordinances making it illegal to discriminate on bases in addition to those in state and federal law, as follows: DENVER: Military Status, Age (over 40),*Parenthood, Gender Variance. ASPEN: Affectional Orientation, Political Affiliation, Age, *Family Responsibility. BOULDER: Pregnancy, *Parenthood, Gender Variance. CRESTED BUTTE: Political Affiliation, Age. TELLURIDE: Gender, (including Pregnancy, Childbirth). Age, *Family Responsibility, Military Status, Political Affiliation. PROPERTY COVERED, EXEMPTIONS: The federal Fair Housing Act exempts buildings with up to four units, if one unit is occupied by the owner. The FHA also exempts single family homes for sale or rent by the owner, (i.e., not actions taken by homeowners associations, cities, etc.), but only if: 1) the owner does not use the services of a rental or real estate agent or anyone in the business of selling real estate; 2) the owner does not own or have interest in more than three such single- family homes; 3) without any **illegal advertising. Under Colorado law, the above "Mrs. Murphy" and single-family home exemptions apply only to discrimination on the basis of familial status. The only housing exempted under Colorado law for other bases---race, color, creed, religion, sex, disability, national origin, ancestry, marital status and sexual orientation-- is: 1) a room for rent in a single-family home occupied by the owner or lessee; 2) non-commercial housing operated by private clubs or religious organizations, which may give preference to their members. REMEDIES: There are greater remedies in Colorado courts, which may levy fines and also award actual and punitive damages; federal courts may award actual and punitive damages, but not levy fines, except in "pattern and practice" cases. * Although no cases have been brought on this issue, cities which cover family responsibility or parenthood may accept charges of discrimination against families with children over the age of 18, whereas Familial Status under the state and federal Fair Housing Acts applies only to families with children under the age of 18. (**Note: Under federal law, but not Colorado law, the definition of illegal advertising includes discriminatory statements.) ROCKY AHMA THE FAIRNESS OF FAIR HOUSING: YOU MAKE THE DIFFERENCE MAINTENANCE EDITION Page 11 of 15

12 The five cities with their own ordinances exempt different properties under familial status. Their exempt properties for familial status discrimination are as follows: DENVER: Exempts owner-occupied duplexes, but not single-family homes, nor three or fourunit buildings, from the prohibition not to discriminate against families with children. BOULDER: Exempts owner-occupied duplexes, triplexes and four-plexes, but not single family homes, from the prohibition not to discriminate against families with children. ASPEN. CRESTED BUTTE. TELLURIDE: No exemptions. OTHER COLORADO "FAIR HOUSING" LAWS Colorado Constitution, Article II, Section 27. Property Rights of Aliens. Gives "bona fide" aliens the same property rights as citizens. 2. Insurance. Unfair discrimination. (C.R.S. lo-3-ll04 (f)(i)(ii),(iii),(iv)(vi)(vii)(viii)(ix) Prohibits unfair discrimination in premiums, policy fees, rates or benefits between individuals of the same class or between neighborhoods within a municipality if of essentially the same hazard; contains further prohibitions of discrimination based on sex, marital status, blindness, physical disability, sexual orientation and AIDS. 3. Zoning law group homes. (C.R.S and ) Requires cities and counties to allow group homes for up to eight persons who are over 60 years of age, developmentally disabled or mentally ill in all residential districts. 4. Interference with persons with disabilities. (C.R.S ) Makes it a misdemeanor to interfere with, harass or intimidate a guide or assistance dog. 5. Ethnic Intimidation. (C.R.S ). Makes intimidation, harassment or bodily injury of a person because of race, color, religion ancestry, national origin, physical or mental disability, or sexual orientation a crime. 6. Mobile Home Park Act. (C.R.S (4)) mandates park owners to treat all persons equally in renting or leasing space except that senior parks are allowed. 7. Standards for Accessible Housing (C.R.S ). Sets handicapped accessibility standards for all but privately-funded single-family homes and duplexes. This statute, amended significantly in 2003, establishes an accessibility point system, based on the 1998 ANSI A117.1 accessibility code, for all projects with seven or more units. This is a significant statute in Colorado, because, unlike the federal and Colorado Fair Housing Acts, which exempt multi-story townhomes in non-elevator buildings, townhomes are not exempt from accessibility requirements. For further information about Colorado law, call the Colorado Civil Rights Division, (303) , or ROCKY AHMA THE FAIRNESS OF FAIR HOUSING: YOU MAKE THE DIFFERENCE MAINTENANCE EDITION Page 12 of 15

13 Federal and Colorado Fair Housing Acts Rights of Persons with *Handicaps/Disabilities A. The federal and/or Colorado Fair Housing Acts prohibit housing discrimination based on race, color, creed, religion, national origin, ancestry, sex, marital status, familial status (families with children under 18) or DISABILITY. (*The federal Fair Housing Act uses the term "handicap". B. Most housing is covered, except a room in a house occupied by the owner; social clubs and religious organizations which can give preference to members and, for familial status only, owner-occupied buildings with four or less units and single family homes where the owner does not own over three homes and does not use the services of someone in the real estate business or discriminatory advertising. C. The Fair Housing Acts prohibit: Refusal to rent, sell or negotiate for housing Unequal terms, conditions, services or use of facilities in housing Falsely denying that housing is available for rent or sale Any other way of making housing unavailable Unequal terms or rates for mortgages and appraisals. Harassment, threats or coercion in housing D. The Fair Housing Acts also have three definitions of discrimination that apply only to persons with *handicaps/disabilities. Discrimination against persons with *handicaps/disabilities includes: A refusal to allow a person with a disability to make reasonable modifications to a building, *at that person's own expense, if that is necessary to give "full enjoyment of the premises." Under limited circumstances, such as when the modifications would not be usable by a subsequent occupant who is not handicapped, a landlord can require the interior to be restored, but landlords cannot require restoration of exterior accessibility modifications. A refusal to make reasonable accommodations in "rules, policies, practices or services" if necessary for "equal opportunity to use and enjoy a dwelling."(such as waiving a "no pets" policy, assigning handicap parking.) A failure to design and build new multifamily dwellings (built after March 13, 1991, with 4 or more units,) that do not include seven specific accessibility features: 1) an accessible entrance on an accessible route; 2) accessible common areas; 3) usable doors; 4) accessible route into and through the dwelling, 5) reinforced bathroom walls; 6) light switches and electrical outlets in accessible locations; and 7) usable kitchens and bathrooms. * Note: Federally funded housing providers are subject to the 1973 Rehabilitation Act, which may require the housing provider to pay for the accessibility modification, unless it is an "undue burden." Summary Prepared by Nancy Snow, Colorado Civil Rights Division (303) , 1-(800) nsnow@dora.state.co.us; Hearing Impaired: 711 ROCKY AHMA THE FAIRNESS OF FAIR HOUSING: YOU MAKE THE DIFFERENCE MAINTENANCE EDITION Page 13 of 15

14 "DISABILITY" or "HANDICAP" MEANS: (1) A PHYSICAL OR MENTAL IMPAIRMENT which substantially limits one or more of a person's major life activities; (2) A RECORD OF HAVING SUCH AN IMPAIRMENT; or (3) BEING REGARDED AS HAVING SUCH AN IMPAIRMENT, but such term does not include current illegal use of or addiction to a controlled substance (as defined in the Controlled Substance Act (21 U.S.C. 802). EXEMPTIONS (1) Persons who have been convicted of manufacturing or selling drugs; (2) Persons "whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others." (3) A transvestite, "solely because that person is a transvestite." TIPS FOR RENTING OR SELLING TO PERSONS WITH DISABILITIES DO NOT ask personal questions about someone's handicap. (Exception: If someone requests an accommodation for a disability, you may ask for verification that the person meets the definition of a person with a disability, and that the accommodation is needed to give him or her equal use and enjoyment of the housing.) DO NOT ask a person with disabilities how he or she can "live independently" or care for him/herself. DO NOT refuse tenancy to someone because he or she uses a walker or wheelchair, is on oxygen, or has a guide or service dog. DO let a person with disabilities make structural changes to the unit, **at his or her own expense, if the change is necessary for that person to have full enjoyment of the unit. DO NOT charge any deposit or charge for a guide or service dog, even if you usually have a pet deposit or fee for pets. DO NOT require persons with disabilities to live in certain units or only on the ground floor. DO make reasonable modifications to your usual rules, policies, practices and services to accommodate a person with disabilities. ** But caution about requiring tenants to pay for modifications. The owner of the housing may be responsible if: 1) The building was built since March 13, 1991 and the federal and Colorado Fair Housing Acts required the accessibility features at the time of construction. (There are seven mandated accessibility features. See reverse for details.) 2) The building or portion of the building is considered a public accommodation under the ADA.(such as the rental office.) 3.) The building or entity, such as a housing authority, receives federal funds. ROCKY AHMA THE FAIRNESS OF FAIR HOUSING: YOU MAKE THE DIFFERENCE MAINTENANCE EDITION Page 14 of 15

15 Fair Housing Policy and Indemnification A. Contractor acknowledges and understands that Your Property or Company Name is a housing provider that complies with and operates within the requirements of federal, state, and local fair housing law. Your Property or Company Name does not discriminate against any person on the basis of race/ethnicity, color, religion/creed, sex/gender/sexual-orientation, handicap/disability, familial/marital status, or national origin/ancestry. B. Sexual harassment is a form of discrimination that violates fair housing law. Your Property or Company Name does not tolerate sexual harassment of residents or employees. C. Contractor agrees to comply with federal, state, and local fair housing laws. Contractor understands that any act of discrimination or sexual harassment in violation of these laws shall constitute a breach of this agreement. D. Contractor shall indemnify, defend, and hold harmless Your Property or Company Name its owner and manager, and their respective partners, directors, officers, employees, servants, agents, representatives, and affiliates against any and all claims, liabilities, demands, actions, suits, damages, losses, injuries, costs and expenses (including, without limitation, all attorney s fees) caused by Contractor s acts or omissions in violation of applicable federal, state, or local fair housing law. Dated: Contractor: ROCKY AHMA THE FAIRNESS OF FAIR HOUSING: YOU MAKE THE DIFFERENCE MAINTENANCE EDITION Page 15 of 15