Fair Housing. Policies & Procedures

Transcription

1 Fair Housing Policies & Procedures Effective April 1 st, 2013 Updated January 2017 Tenderloin Neighborhood Development Corporation (TNDC) 201 Eddy Street San Francisco, CA EQUAL OPPORTUNITY HOUSING For more information visit our website:

2 Fair Housing Policies & Procedures 2 Table of Contents Introduction 3 Section 1 Definitions/Terminology 4 Section 2 Policy Statements 6 Section 3 Fair Housing Laws 8 Section 4 Employee Responsibilities 9 Section 5 Liability for Non-Compliance 10 Section 6 Discriminatory Housing Practices 10 Section 7 Preventing Complaints 11 Section 8 Fair Housing Complaints 12 Section 9 Steering 12 Section 10 Familial Status 13 Section 11 Holiday Decorations 14 Section 12 Office Displays 15 Section 13 Section 504 Equal Access Statement 16 Section 14 Reasonable Accommodation/Modification Policy & Procedures 17 EXHIBITS Exhibit 1 Fair Housing Act (as amended), Title VIII of the 1968 Civil Rights Act Exhibit 2 MOU, Dept. of Treasury, Dept. of HUD, & Dept. of Justice Exhibit 3 Joint Statement of Dept. of HUD & Dept. of Justice Exhibit 4 Holiday Awareness Calendar Exhibit 5 Request for RA or RM Exhibit 6 Certification of Need for RA or RM REMOVED Exhibit 7 TNDC Response to Request for RA or RM Exhibit 8 RA/M s On-Site 3-Step Procedure Reference Exhibit 9 RA/M Frequently Asked Questions Exhibit 10 Fair Housing Notices Exhibit 11 Fair Housing Posters Exhibit 12 Fair Housing Brochures Exhibit 13 Housing Credit College A Fair Housing Primer Training Guide TNDC Property Management Fair Housing Policies & Procedures

3 Fair Housing Policies & Procedures 3 INTRODUCTION Tenderloin Neighborhood Development Corporation (TNDC) is committed to providing quality, affordable housing for all applicants and its residents. Title VI (Section 601) of the Civil Rights Act of 1964 states that No person shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TNDC does not practice or tolerate discrimination against any protect class. TNDC s Property Management Department works hard to create safe and secure environments for the 3,000 plus residents in its buildings and strives to keep rents affordable by ensuring that properties are operating as efficiently as possible. General Managers encourage resident participation in community-building events; facilitate Monthly Tenant Meetings which encourage residents to participate in the decision-making process of their buildings. TNDC s Tenant Services Department, encompassing the Social Work Unit, the Tenderloin After-School Program and TS Quality Assurance working together to develop a cooperative work plan that responds to the comprehensive needs of the residents in its buildings and families in the Tenderloin and surrounding neighborhoods. Through the programs that the Tenant Services Department provides, TNDC tenants are able to have access to on-site social services that assist with providing housing stability and retention support and assists in promoting independence and self-sufficiency. These programs include but are not limited to: the Tenderloin After-School Program, tenant workshops, food security efforts and facilitation of community activities and events in TNDC buildings. TNDC has a record of promoting equal opportunity in housing and wishes to continue this record. TNDC does not discriminate in renting or in provided services based on any protected classification. TNDC hereby designates the Compliance Manager and/or his/her designee, as it s Fair Housing Coordinator ( FHC ), to annually assess fair housing compliance of TNDC and monitor TNDC s fair housing services in conjunction with TNDC departments that provide direct services to affordable housing residents and applicants. The FHC will provide oversight for the implementation of the Fair Housing Policies and Procedures direct the ongoing TNDC Property Management Fair Housing Policies & Procedures

4 Fair Housing Policies & Procedures 4 monitoring and periodic assessment of the Fair Housing Policy s effectiveness and administer, at least annually, Fair Housing Trainings to staff. SECTION 1 DEFINITIONS/TERMINOLOGY 1.1. ADA. Americans with Disabilities Act 1.2. Ancestry. Refers to the descendants of an individual or inherited properties shared between those of the same bloodline Color. Refers to a person s skin pigmentation Disparate Impact Discrimination. Having practices in place that seem fair in appearance but in actual operation are discriminatory due to their affect or impact on a particular group Disabled/Handicapped. In California, a person is disabled if he or she has (1) a physical or mental impairment which limits one or more of the persons major life activities, (2) a record of having such impairment, or (3) is regarded as having such impairment Family. A group of individuals who share ties of blood, marriage, or adoption; a group residing together and consisting of parents, children, and other relatives by blood or marriage; a group of individuals residing together who have consented to an arrangement similar to ties of blood or marriage Familial Status. One or more individuals under the age of 18 living with a parent, legal custodian, or any adult who has the written permission of the parent or legal custodian to care for their child. It also includes someone who is pregnant and any person who is in the process of securing custody of a child under the age of FHA. Fair Housing Act of Gender. Refers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for men and women Gender Expression/Gender Identity. Refers to a person s gender-related appearance and behavior whether or not stereotypically associated with the person s assigned sex at birth. TNDC Property Management Fair Housing Policies & Procedures

5 Fair Housing Policies & Procedures Guide or Service Animal. Any guide dog, signal dog, or other animals individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheel chair or fetching dropped items Household. Refers to all persons occupying a housing unit. The occupants may be a family, two or more families living together, or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital status Linguistic profiling. Discrimination based on how a person s voice sounds over the phone Major life activities. Functions of central importance in most peoples daily lives and include walking, seeing, hearing, breathing, learning, personal hygiene, and other related manual tasks Marital Status. Refers to an individual s status of being married, unmarried, or formerly married National Origin. Refers to the country where a person was born or the country from which his or her ancestors came. The fair housing laws protect US citizens and non-citizens Physical or mental impairment. Refers to diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection, mental retardation, emotional illness, drug addiction and alcoholism Protected Class. Categories of individuals protected by hair housing laws because of their membership in those categories such as race, color, religion, sex, national origin, familial status and handicap Race. Refers to a person s ethnic background. TNDC Property Management Fair Housing Policies & Procedures

6 Fair Housing Policies & Procedures Reasonable Accommodation. A change, adaptation or modification to a policy, program or service, which will allow a person with a disability to use and enjoy a dwelling, including public and common use spaces Reasonable Modification. A physical change made to a tenant s living space which is necessary to afford the disabled tenant full enjoyment of their dwelling Religion. Refers to an individual s beliefs and opinions concerning the existence, nature, and worship of a deity or deities, and divine involvement in the universe and human life Steering. Illegal funneling of applicants to a particular area within a property Sex. Refers to the biological and physiological characteristics that define men and women Sexual Orientation. Refers to an individual s sexual desire, toward people of the opposite sex, people of the same sex, or people of both sexes. SECTION 2 - POLICY STATEMENTS 2.1. It shall be the policy of TNDC to support housing opportunities regardless race, color, national origin, religion, sex, physical or mental disability, familial status, or any other classification protected by applicable federal, state or local law. TNDC has a long-standing policy of not engaging in or assisting the efforts of others to engage in housing discrimination and promotes diversity in our community and buildings. TNDC believes that our current and future residents deserve to be treated fairly at all times and creating and fostering an environment of diversity throughout our communities as a critical component to on-going success of our business operations Employee Non-Discriminatory Operating Policy: As a part of employment at or as an agent for TNDC, employees must never take any of the following actions: Refuse to rent, show, negotiate for the rental of, or otherwise make unavailable or deny a dwelling (i.e., apartment, residence, or other residential unit or space) to any person because of any protected status TNDC Property Management Fair Housing Policies & Procedures

7 Fair Housing Policies & Procedures 7 Discriminate against any person in the terms, conditions, or privileges of the rental of a dwelling or in the provision of services or facilities in connection therewith because of any protected status. Make, print, publish, or cause to be made, printed or published any verbal or written notice, statement, or advertisement with respect to the rental of the dwelling that indicates any preference, limitation, or discrimination based on any protected status. Represent to any person because of any protected status that any dwelling is not available for inspection or rental when such dwelling is in fact so available. Refuse to show apartments to prospective residents or otherwise offer a different level of assistance or encouragement because of any protected status Persuade or attempt to persuade any person to rent any welling by telling them that a person or persons of a particular protected status are moving in to the neighborhood, (commonly known as block busing ). Knowingly enter into any agreement which imposes any restriction on any protected status of persons to whom a dwelling may be shown or rented. Direct prospective residents to a particular property or a specific area of the property so as to group residents based on a particular protected status, (commonly known as steering ) TNDC Employees must understand that any action taken by them (even in part) because of any protected status that has the effect of making housing unavailable to such persons protected under these laws, constitutes a violation of the fair housing laws and subjects them and the company to substantial liability. TNDC firmly believes that providing equal opportunity to all persons will increase, not decrease, our business, and is firmly committed to making fair housing work for us. TNDC Property Management Fair Housing Policies & Procedures

8 Fair Housing Policies & Procedures 8 SECTION 3 FAIR HOUSING LAWS 3.1. Federal. Title VIII of the Civil Rights Act of 1968 (aka the Fair Housing Act), Fair Housing Amendments Act of 1988, and Section 504 of the Rehabilitation Act Seven (7) protected classes making it unlawful for persons involved with leasing, marketing, management, or maintenance of rental housing to discriminate based on the following: Race Color Religion Sex Handicap (which includes Disability) Familial Status National Origin Law is also made up of constitutions, judicial & administrative decisions also knows as case law, and federal & State agency directives: Notices are temporary changes in a policy or rule and contain an expiration date. Handbooks contain more permanent information including HUD s mandatory rules and advisory guidance Civil penalties of up to $50,000 per finding and unlimited punitive damages can be assessed for at-fault or intentional fair housing discrimination State. The state of California also finds it unlawful to discriminate based on the following: Sexual Orientation Gender Gender Identity Gender Expression Marital Status Ancestry TNDC Property Management Fair Housing Policies & Procedures

9 Fair Housing Policies & Procedures 9 Source of Income Genetic Information Arbitrary characteristics such as physical appearance Under California law, you cannot use a financial or income standard for persons who want to live together and combine their income that is different from the standard that is used for married persons who combine their incomes. In the case of a government rent subsidy, a landlord who is assessing a potential resident s eligibility for a rental unit must use a financial or income standard that is based on the portion of rent that the resident would pay. SECTION 4 EMPLOYEE RESPONSIBILITIES 4.1 The FHC has provided each property with the Resident Selection Criteria, which clearly defines our fair housing policy and each employee, is required to: Follow these guidelines as they determine how many individuals can occupy each unit type and the specific rental standards that are to be applied equally to each applicant. Treat all applicants and residents equally based on company-provided standards. Post the Resident Selection Criteria (or notice of availability upon request) in clear public view within the management office or common area. Post all required office displays listed in this policy and Property Management Operations Manual. Understand TNDC Fair Housing Policies & Procedures Conduct business in accordance with established policies and procedures. Bring all matters that have not been addressed or that are not completely understood to your immediate supervisor for clarification and authorization before acting upon any situation. Document interaction with applicants and residents to demonstrate your efforts to follow established fair housing policies and procedures. TNDC Property Management Fair Housing Policies & Procedures

10 Fair Housing Policies & Procedures 10 Represent TNDC in a fair, consistent, and professional manner. Not allow personal views to affect or influence your strict adherence to established fair housing policies and procedures. Complete a Fair Housing Course annually, as assigned by the FHC or its designee. SECTION 5 LIABILITY FOR NON-COMPLIANCE 5.1. In addition to the company and owner, employees are liable for any actions that may result from a claim filed by any applicant and/or resident if it is determined that they have not been treated in accordance with the fair housing laws. Discriminatory practices against protected classes are not legal. Employees are legally responsible for their actions Shoppers may be sent by fair housing advocates and/or Housing & Urban Development (HUD) to test communities on their treatment of certain individuals. Fair housing shoppers also may record telephone conversations. Fines and penalties may result if any employee violates the fair housing law in any manner. SECTION 6 DISCRIMINATORY HOUSING PRACTICES 6.1. Discriminatory practices against protected classes (assuming they have met all other qualifying criteria) include, but are not limited to: Failing to accept a bona fide offer to lease Refusing to lease to an applicant who has qualified under all criteria set forth for all other applicants. Imposing different rental prices and contract terms. Discouraging any person from inspecting an apartment home by exaggerating its drawbacks or failing to inform any person of the desirable features. Steering by indicating that a person would not be comfortable or compatible with the existing residents of a housing community. Assigning certain persons to particular sections of a housing community. TNDC Property Management Fair Housing Policies & Procedures

11 Fair Housing Policies & Procedures 11 Using photographs, illustrations, symbols, words, etc., which convey that dwellings are not available to a particular group. Selecting media or locations for advertising that deny particular segments of society access to housing information. Threatening, intimidating, interfering with or retaliating against a person because they filed a fair housing complaint. Providing different services or privileges based on your personal opinion of the resident. Withholding response to a resident s complaint or concern. Having policies that, while they may seem non-discriminatory, have a disparate impact on members with a protected status. SECTION 7 PREVENTING COMPLAINTS 7.1. While employees cannot control or determine who visits our communities or what their intent is, you can control the manner in which you interact with them. TNDC employees are expected to interact with and behave toward applicants, residents, vendors, and guests in a professional, fair consistent, and, where possible, verifiable manner Employees should follow all procedures outlined in this guide and other company procedure manuals regarding: Answering the telephone Greeting and qualifying applicants Demonstrating a vacant apartment Closing and following up with applicants Verifying the rental application and documents for qualification Completing the lease paperwork Handling work order requests from residents Implementing rent increases, lease renewals, and re-certifications Interacting with residents and/or applicants TNDC Property Management Fair Housing Policies & Procedures

12 Fair Housing Policies & Procedures 12 Conducting resident programs or activities. SECTION 8 FAIR HOUSING COMPLAINTS 8.1. When notified of a fair housing complaint filed against you or one of the employees you supervise, you must: 1. Immediately notify your direct supervisor and FHC, sending a copy of the complaint and the letter from the enforcement agency to them. 2. Wait for further instructions from your direct supervisor or FHC and do not answer any questions or provide any testimony or supporting documentation to anyone concerning the fair housing complaint. 3. The FHC and/or supervisor will schedule a meeting to discuss the complaint, obtain any supporting documentation, and advise on next steps When receiving notice of a fair housing complaint against you or one of your employees DO NOT: Immediately contact the agency that notified you of the complaint in an attempt to defend yourself or the actions of your employees. Gather your rental records and send them to the agency that notified you of the complaint. Contact the person who filed the complaint and confront or question this person about the matters complained about. Quit your job or fire the employee who the complaint was filed against. You and the employee may be the only eyewitnesses to what really happened with the person who filed the complaint. Ignore company policies and procedures for handling fair housing complaints. SECTION 9 STEERING 9.1. Steering is an attempt to direct applicants or residents, because of their membership in a protected classification, to: Other communities; TNDC Property Management Fair Housing Policies & Procedures

13 Fair Housing Policies & Procedures 13 Certain building(s) or area(s) within a community Areas on the community such as playgrounds, busy roads, etc The following are examples of steering with the same statements rephrased in a non-discriminatory way: NEVER ALWAYS NEVER ALWAYS Walking from the office to the unit, you say, Most of our families like to live near the playground. We have a playground located near the mail room. Let me show it to you. The schools serving our property are lousy. Offer factual information about locations of schools or school bus stops, but do not offer subjective information about a school s quality or reputation. Encourage the applicant to visit the schools and form their own opinion about the schools from the sources other than you. SECTION 10 FAMILIAL STATUS Leasing requirements may not discriminate based on familial status. That is, the requirements may not discriminate against families in which one or more children under the age of 18 live with: A parent, A person who has legal custody of the child or children, or The designee of the parent or legal custodian, with the parents or custodian s written permission Familial status protection also applies to pregnant women and anyone securing legal custody of a child under the age of Familial Status Exemption housing that meets the Fair Housing Act s definition of housing for older persons is exempt from the law s familial status requirements, provided that: TNDC Property Management Fair Housing Policies & Procedures

14 Fair Housing Policies & Procedures 14 HUD has determined that the dwelling is specifically designed for and occupied by elderly persons under a Federal, State, or Local government program, or It is occupied solely by persons who are 62 or older, or It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older Familial Status FAQs Why was the law changed to add families and the handicapped as protected classes? o The Fair Housing Amendments Act had three goals: Give HUD authority and power to enforce existing fair-housing laws Make more housing available to families (and the homeless), as it is perceived that there is a shortage of such housing Broaden protection of housing rights for the handicapped Can we limit families to the first floor? o NO. This is discriminatory as it may be a resident s decision as to which floor they choose to live on. Can children of the opposite sex share a bedroom? o YES. This is a parent s decision, not yours or TNDC s. We can only establish occupancy limitations (i.e., number of persons in an apartment). Are older persons forced to live with families with young children? o The Fair Housing Amendment Act of 1988 creates two exceptions: A community where all persons are over the age of 62; A community where 80% of households contain at least 1 person aged 55 and over, and the property demonstrates an intent to rent to persons aged 55 and over. TNDC Property Management Fair Housing Policies & Procedures

15 Fair Housing Policies & Procedures 15 SECTION 11 HOLIDAY & OFFICE DECORATIONS TNDC has adopted 5 basic holiday guidelines and intends to honor our communities diversity and will represent all holidays equally TNDC s 5 Holiday Guidelines: Do not show a preference for a particular religion s holiday. When possible use non-religious decoration and displays or display religious decorations equally along with TNDC s Non-Discrimination Statement. When possible hold non-religious secular holiday events or hold religious events equally, displaying TNDC s Non-Discrimination Statement. When possible use non-religious language in all communications pertaining to the holidays. When notifying or advertising events related to a religious holiday include TNDC s Non-Discrimination Statement in all communications. Give all residents equal access to common rooms and allow residents to hang religious decorations on their unit premises TNDC s Non-Discrimination Statement to be attached to any communication, decoration, advertisement, etc. that may invite or promote preference(s) for a protected classification: Tenderloin Neighborhood Development Corporation (TNDC) has a longstanding policy of not engaging in or assisting the efforts of others who engage in housing discrimination. TNDC promotes diversity in our community and buildings and does not discriminate on the bases of race, color, national origin, age, disability, sex, gender identity, religion, marital status, familial status, sexual orientation, source of income, or any other arbitrary reasons. SECTION 12 OFFICE DISPLAYS The following Fair Housing posters and brochures must be displayed and/or available in the management offices and common spaces: Notices (related to Fair Housing): o TNDC Non-Discrimination TNDC Property Management Fair Housing Policies & Procedures

16 Fair Housing Policies & Procedures 16 o o o TNDC Complaint & Grievance TNDC Reasonable Accommodation(s) & Modification(s) TNDC Resident Selection Criteria/Tenant Selection Plan Posters: o o o o o o Federal Fair Housing Law Federal Live Free Federal Live Free/Race Federal Live Free/Disability Federal Natural Disaster Discrimination California Fair Housing Law Brochures: o o o o o o Federal Are you a Victim Federal Equal Opportunity California Fair Housing Law California Fair Housing /Sexual Harassment California Fair Housing/Disability California Fair Housing Fact Sheet TNDC Property Management Fair Housing Policies & Procedures

17 Fair Housing Policies & Procedures 17 SECTION 13 SECTION 504 EQUAL ACCESS STATEMENT For mobility-impaired persons, this document is kept in the Tenderloin Neighborhood Development Corporation s (TNDC) Management Company office at 215 Taylor Street; San Francisco, CA Documents may be examined from Monday through Friday between the hours of 8:30 AM and 5:00 PM. You must phone to make arrangements to examine this document. Please call (415) and TDD users may dial (415) For vision-impaired persons, TNDC will provide a staff person to assist a vision-impaired person in reviewing this document. Assistance may include: describing the contents of the document, reading the document or sections of the document, or providing such other assistance as may be needed to permit the contents of the document to be communicated to the person with vision impairments. For hearing-impaired persons, TNDC will provide assistance in reviewing this document. Assistance may include provision of a qualified interpreter at a time convenient to both the Property and the individual with disability. Please call the TDD number (415) to schedule an appointment. Assistance to ensure equal access to this document will be provided in a confidential manner and setting. The individual with disabilities is responsible for providing his/her own transportation to and from the location where this document is kept. If an individual with disabilities is involved, all hearings or meetings required by this document will be conducted at an accessible location with appropriate assistance provided. POLICY OF NON-DISCRIMINATION ON THE BASIS OF HANDICAPPED STATUS TNDC does not discriminate on the basis of disabled status in the admission or access to housing, services, or treatment or employment in, its federally assisted programs or activities. Brandon Flannery is the Section 504 Coordinator who has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development s regulations implementing Section 504 (24 CFR Part 8, dated June 2, 1988). Brandon Flannery, Section 504 Coordinator Phone (415) Fax (415) TTY (415) bflannery@tndc.org TNDC Property Management Fair Housing Policies & Procedures

18 Fair Housing Policies & Procedures 18 SECTION 14 REASONABLE ACCOMMODATION/MODIFICATION POLICY & PROCEDURES This Reasonable Accommodation/Modification Policy and Procedures comprised of Part I and Part II sets forth the policy and procedures of the Tenderloin Neighborhood Development Corporation ( TNDC ) in connection with making reasonable accommodations for qualified applicants or residents with disabilities for participation in TNDC s housing programs and activities. A copy of this Reasonable Accommodation Policy and procedures is posted in the TNDC Property Management Office, 215 Taylor Street, San Francisco, CA and the Management Office at each housing development. PART I - POLICIES A. POLICY STATEMENT TNDC is committed to ensuring that its policies and practices do not deny individuals with disabilities the opportunity to participate in, or benefit from, nor otherwise discriminate against individuals with disabilities in connection with, the operation of TNDC s housing services or programs, solely on the basis of such disabilities. Therefore, if an individual with a disability requires an accommodation, such as an accessible feature or modification to TNDC policy, TNDC will provide such accommodation, unless doing so would result in a fundamental alteration in the nature of the program or an undue financial or administrative burden. In such a case, TNDC will make another accommodation that would not result in a financial or administrative burden. B. PURPOSE This Policy is intended to: communicate TNDC s position regarding reasonable accommodations for persons with disabilities in connection with the agency s housing programs services, and policies; establish a procedural guide for implementing such Policy; and comply with applicable federal, state and local laws to ensure accessibility for persons with disabilities to housing programs, benefits and services administered by TNDC. TNDC Property Management Fair Housing Policies & Procedures

19 Fair Housing Policies & Procedures 19 C. AUTHORITY The requirements of this Policy are based upon the following statutes or regulations: Section 504 of the Rehabilitation Act of 1973, as amended ( Section 504 ) prohibits discrimination on the basis of disability status and states that: No qualified individual with handicaps shall, solely on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives Federal financial assistance from the Department ; The Fair Housing Act ( FHA ) prohibits discrimination in the sale, rental and financing of dwellings. The FHA requires reasonable accommodations in rules, policies, practices, services and reasonable modifications to dwelling units and public common areas; Title II of the Americans With Disabilities Act ( ADA ), prohibits discrimination on the basis of disability status by public entities. Except as provided in (b), of 28 CFR Part 35, the ADA applies to all services, programs and activities provided or made available by public entities (State and local governments); and Part 8, of Code of Federal Regulations, Title 24, Housing and Urban Development, entitled Non-Discrimination Based On Handicap In Federally Assisted Programs and Activities of the Department of Housing and Urban Development applies to recipients of federal funds and implements the requirements of the Rehabilitation Act. D. MONITORING AND ENFORCEMENT The TNDC Compliance Team ( TNDC Office ) is responsible for monitoring TNDC s compliance with, and enforcing the requirements under this Policy. Questions regarding this Policy, its interpretation or implementation should be made by contacting the TNDC Office in writing, or in person by appointment, at 215 Taylor Street, San Francisco, CA 94102; or by calling the TNDC Office at The TNDC Office may require the TNDC Property Management Fair Housing Policies & Procedures

20 Fair Housing Policies & Procedures 20 submission of data from TNDC housing developments and field offices in order to evaluate and document TNDC s compliance with this Policy. E. GENERAL PRINCIPLES FOR PROVIDING REASONABLE ACCOMMODATIONS Listed below are the general principles which provide a foundation for the Policy and which TNDC staff should apply when responding to requests for reasonable accommodations within all TNDC housing programs: 1. It is presumed that the individual with a disability is usually knowledgeable of the appropriate types of, and methods for providing, reasonable accommodations needed when making a request. However, TNDC reserves the right to investigate and offer equally effective alternatives to the requested accommodation, and/or alternative methods for providing the requested accommodation. 2. The procedure for evaluation and responding to requests for a reasonable accommodation relies on a cooperative relationship between TNDC and the applicant/resident. The process is NOT adversarial. 3. TNDC shall inform all applicants and residents of alternative forms of communication. The Request Form is designed to assist TNDC and our applicants/residents. If an applicant/resident does not, or cannot use the Request Form, TNDC will still respond to the request for an accommodation. The applicant/resident may also request assistance with the Request Form or such applicant/resident may request that the Request Form be provided in an equally effective format or means of communication. Example(s): Some examples of alternative equally effective forms of communication are include the following: Qualified interpreters, printed material, telecommunications devices for deaf persons (TDD s), or other aurally delivered materials available to persons with hearing impairments. Qualified readers, taped texts audio recordings, Brailed materials, large TNDC Property Management Fair Housing Policies & Procedures

21 Fair Housing Policies & Procedures 21 print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments. 4. If the accommodation is reasonable (see Proc. 3 below), TNDC will grant it. 5. In accordance with Procedure 3 (below), TNDC will grant the request for a reasonable accommodation only to the extent that an undue financial and administrative burden is not created thereby. 6. All written documents required by or as a result of this Policy must contain plain language and be in appropriate alternative formats in order to communicate information and decisions to the person requesting the accommodation. 7. Any required meetings with a person with a disability will be held in an accessible location. F. STAFF TRAINING The Compliance Manager and Section 504 Coordinator for the TNDC Office will ensure that training sessions are held at least annually concerning the Policy and the Procedures and all applicable federal, state and local requirements regarding reasonable accommodations. TNDC Property Management Fair Housing Policies & Procedures

22 Fair Housing Policies & Procedures 22 PART II - PROCEDURES PROCEDURE #1 - COMMUNICATION WITH APPLICANTS AND RESIDENTS 1. At the time of application, all applicants must be provided with the Request for Reasonable Accommodation Form (the Request Form ) (copy of which is affixed hereto as Exhibit 5). 2. TNDC Residents seeking accommodations may contact the property management office located within their housing development or the management office for their scattered site residence. Residents may also contact the TNDC office directly to request the accommodation. 3. TNDC is responsible for informing all residents that a request may be submitted for reasonable accommodations for an individual with a disability. All residents will be provided the Request Form when requesting a reasonable accommodation. A resident may submit the request orally, however, will be asked or assisted in completing the Request Form to request the accommodation. Upon receiving the request the property management office will submit the Request Form to the 504 Coordinator and the Certification of Need Form (the Certification of Need Form ) within five (5) business days TNDC will approve or deny the request within two (2) business days after receiving all needed information and documentation from the resident. All decisions to grant or deny reasonable accommodations will be communicated on the TNDC Response Letter (the Response Letter ) (copy of which is affixed hereto as Exhibit 7) or if required, in an alternative format in order to communicate the decision to the applicant/resident. Exceptions to the 2 business day period for notification of TNDC s decision on the request should be provided to the resident in writing setting forth the reasons for the delay. 5. TNDC will maintain at its Property Management Offices and TNDC Office written materials which summarizes this Policy and highlights the procedures for making a request for reasonable accommodations. 1 The term business days shall mean those days of the week, excluding Saturdays, Sundays and holidays observed by TNDC TNDC Property Management Fair Housing Policies & Procedures

23 Fair Housing Policies & Procedures 23 PROCEDURE #2 - SEQUENCE FOR MAKING DECISIONS 1. Is the applicant/resident a qualified individual with a disability? (a) If NO, we are not obligated to make a reasonable accommodation; therefore, we may deny the request. (b) If YES, go to Step 2. (c) If more information is needed, provide a denial response on the Response Letter and state any request for more information in the dedicated space. 2. Is the requested accommodation related to the disability? (a) If NO, we are not obligated to make the accommodation; therefore, we may deny the request. (b) If YES, go to step 3. (c) If more information is needed, provide a denial response on the Response Letter and state any request for more information in the dedicated space. 3. Is the requested accommodation reasonable? This determination will be made by following Procedure #3 Guidelines for Determining Reasonableness (a) If YES, we will approve the request for reasonable accommodation on the Request Response Letter. If any costs are to be incurred TNDC will provide all accommodations and modifications for properties with Federal Funding at its own cost. If the property does not receive any Federal Funding assistance, the costs for any accommodation or modification may be at the household s own cost. This determination will be provided on the Request Response Letter. (b) If NO, we may deny the request. (c) If more information is needed, provide a denial response on the Response Letter and state any request for more information in the dedicated space. TNDC Property Management Fair Housing Policies & Procedures

24 Fair Housing Policies & Procedures 24 PROCEDURE #3 - GUIDELINES FOR DETERMINING REASONABLENESS 1. TNDC will consider the requested method for providing reasonable accommodations for an individual with a disability. However, TNDC is required to evaluate the requested method and may require the individual with a disability to provide further information to demonstrate the need for the requested accommodation to enable access to and use of the housing program. Additionally, TNDC may offer equally effective alternatives to the requested accommodation, and/or alternative methods for providing the requested accommodation. 2. Requests for reasonable accommodations will be considered on a case-by-case basis. Decisions regarding reasonable accommodations will be made in compliance with all applicable accessibility laws and requirements. Additionally, in those circumstances where TNDC deems that a proposed reasonable accommodation would fundamentally alter the service, program, or activity, or would result in undue financial and administrative burdens; TNDC has the burden of proving such result(s). 3. The responsibility for the decision that a proposed reasonable accommodation would result in such alteration or burdens shall rests with the Director of Property Management or his/her designee after considering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, TNDC shall propose any other action that will not result in or require an alteration or burden. 4. Live-in-Aides. In some cases, an individual with a disability may require a live-in-aide. In accordance with the provisions of the TNDC dwelling lease, TNDC may permit a livein to reside in the dwelling unit to assist an individual with a disability. A live-in-aide means a person (a) determined by TNDC to be essential to the care and well-being of a family member with a disability; (b) is not obligated to support the family member; and (c) would not be living in the unit except to provide the supportive services. A live-inaide would not be required to share a bedroom with another member of the household [see 24 CFR 966.4(d)(3)]. Prior to granting permission, the live-in aide must submit to a TNDC Property Management Fair Housing Policies & Procedures

25 Fair Housing Policies & Procedures 25 criminal background check in accordance with TNDC s policies and procedures. Additionally, medical verification of the need for a live-in aide is required, and the following factors will be considered by TNDC in determining whether to approve a livein aide: (1) whether the addition of a new occupant would create a situation of overcrowding in the dwelling unit, thereby requiring a transfer to another dwelling unit; (2) the availability of an appropriate dwelling unit; and/or (3) TNDC s obligation to make reasonable accommodation for persons with disabilities. 5. Verification. TNDC may verify a person s disability only to the extent necessary to ensure that applicants are qualified for the housing for which they are applying; that applicants are qualified for deductions used in determining adjusted income; that applicants are entitled to any preference they may claim; and that applicants who have requested a reasonable accommodation have a need for the requested accommodation. TNDC may not require applicants to provide access to confidential medical records in order to verify a disability nor may TNDC require specific details as to the disability. TNDC may require documentation of the manifestation of the disability that causes a need for a specific accommodation or accessible unit. TNDC may not ask what the specific disability is. TNDC Property Management Fair Housing Policies & Procedures

26 EXHIBIT #1

27 FAIR HOUSING ACT (as amended) (Title VIII of the 1968 Civil Rights Act) Sec [42 U.S.C note] Short Title This title may be cited as the "Fair Housing Act". Sec [42 U.S.C. 3601] Declaration of Policy It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. Sec [42 U.S.C. 3602] Definitions As used in this subchapter-- (a) "Secretary" means the Secretary of Housing and Urban Development. (b) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (c) "Family" includes a single individual. (d) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 [of the United States Code], receivers, and fiduciaries. (e) "To rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (f) "Discriminatory housing practice" means an act that is unlawful under section 804, 805, 806, or 818 of this title. (g) "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States. (h) "Handicap" means, with respect to a person-- (1) a physical or mental impairment which substantially limits one or more of such 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 section 102 of the Controlled Substances Act (21 U.S.C. 802)). (i) "Aggrieved person" includes any person who-- (1) claims to have been injured by a discriminatory housing practice; or (2) believes that such person will be injured by a discriminatory housing practice that is about to occur. (j) "Complainant" means the person (including the Secretary) who files a complaint under section 810. (k) "Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with-- (1) a parent or another person having legal custody of such individual or individuals; or 1

28 (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. (l) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary. (m) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation. (n) "Respondent" means-- (1) the person or other entity accused in a complaint of an unfair housing practice; and (2) any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under section 810(a). (o) "Prevailing party" has the same meaning as such term has in section 722 of the Revised Statutes of the United States (42 U.S.C. 1988). [42 U.S.C note] Neither the term "individual with handicaps" nor the term "handicap" shall apply to an individual solely because that individual is a transvestite. Sec [42 U.S.C. 3603] Effective dates of certain prohibitions (a) Subject to the provisions of subsection (b) of this section and section 807 of this title, the prohibitions against discrimination in the sale or rental of housing set forth in section 804 of this title shall apply: (1) Upon enactment of this subchapter, to-- (A) dwellings owned or operated by the Federal Government; (B) dwellings provided in whole or in part with the aid of loans, advances, grants, or contributions made by the Federal Government, under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11, 1968; (C) dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the Federal Government, under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968: Provided, That nothing contained in subparagraphs (B) and (C) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an FDIC or FSLIC institution; and (D) dwellings provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a State or local public agency receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, (2) After December 31, 1968, to all dwellings covered by paragraph (1) and to all other dwellings except as exempted by subsection (b) of this section. (b)nothing in section 804 of this title (other than subsection (c)) shall apply to-- 2

29 (1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such singlefamily house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 804(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or (2)rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (c)for the purposes of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if-- (1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or (2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or (3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. Sec [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful-- (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin. 3

30 (b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin. (c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination. (d) To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. (e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin. (f) (1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of-- (A) that buyer or renter, (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of-- (A) that person; or (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that person. (3) For purposes of this subsection, discrimination includes-- (A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. (B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or (C) in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after the date of enactment of the Fair Housing Amendments Act of 1988, a failure to design and construct those dwelling in such a manner that-- 4

31 (i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; (ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and (iii) all premises within such dwellings contain the following features of adaptive design: (I) an accessible route into and through the dwelling; (II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (III) reinforcements in bathroom walls to allow later installation of grab bars; and (IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. (4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of paragraph (3)(C)(iii). (5) (A) If a State or unit of general local government has incorporated into its laws the requirements set forth in paragraph (3)(C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph. (B) A State or unit of general local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)(C) are met. (C) The Secretary shall encourage, but may not require, States and units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with paragraph (3)(C), and shall provide technical assistance to States and units of local government and other persons to implement the requirements of paragraph (3)(C). (D) Nothing in this title shall be construed to require the Secretary to review or approve the plans, designs or construction of all covered multifamily dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of paragraph 3(C). (6) (A) Nothing in paragraph (5) shall be construed to affect the authority and responsibility of the Secretary or a State or local public agency certified pursuant to section 810(f)(3) of this Act to receive and process complaints or otherwise engage in enforcement activities under this title. (B) Determinations by a State or a unit of general local government under paragraphs (5)(A) and (B) shall not be conclusive in enforcement proceedings under this title. (7) As used in this subsection, the term "covered multifamily dwellings" means-- 5

32 (A) buildings consisting of 4 or more units if such buildings have one or more elevators; and (B) ground floor units in other buildings consisting of 4 or more units. (8) Nothing in this title shall be construed to invalidate or limit any law of a State or political subdivision of a State, or other jurisdiction in which this title shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this title. (9) Nothing in this subsection requires that a dwelling be made available to an individual 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. Sec [42 U.S.C. 3605] Discrimination in Residential Real Estate-Related Transactions (a) In General.--It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin. (b) Definition.--As used in this section, the term "residential real estate-related transaction" means any of the following: (1) The making or purchasing of loans or providing other financial assistance-- (A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or (B) secured by residential real estate. (2) The selling, brokering, or appraising of residential real property. (c) Appraisal Exemption.--Nothing in this title prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status. Sec [42 U.S.C. 3606] Discrimination in provision of brokerage services After December 31, 1968, it shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status, or national origin. Sec [42 U.S.C. 3607] Religious organization or private club exemption (a) Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting 6

33 the rental or occupancy of such lodgings to its members or from giving preference to its members. (b) (1) Nothing in this title limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this title regarding familial status apply with respect to housing for older persons. (2) As used in this section "housing for older persons" means housing -- (A) provided under any State or Federal program that the Secretary determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or (B) intended for, and solely occupied by, persons 62 years of age or older; or (C) intended and operated for occupancy by persons 55 years of age or older, and-- (i) at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older; (ii) the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and (iii) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall-- (I) provide for verification by reliable surveys and affidavits; and (II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. (3) Housing shall not fail to meet the requirements for housing for older persons by reason of: (A) persons residing in such housing as of the date of enactment of this Act who do not meet the age requirements of subsections (2)(B) or (C): Provided, That new occupants of such housing meet the age requirements of sections (2)(B) or (C); or (B) unoccupied units: Provided, That such units are reserved for occupancy by persons who meet the age requirements of subsections (2)(B) or (C). (4) Nothing in this title prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). (5) (A) A person shall not be held personally liable for monetary damages for a violation of this title if such person reasonably relied, in good faith, on 7

34 the application of the exemption under this subsection relating to housing for older persons. (B) For the purposes of this paragraph, a person may only show good faith reliance on the application of the exemption by showing that-- (i) such person has no actual knowledge that the facility or community is not, or will not be, eligible for such exemption; and (ii) the facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption. Sec [42 U.S.C. 3608] Administration (a) Authority and responsibility The authority and responsibility for administering this Act shall be in the Secretary of Housing and Urban Development. (b) Assistant Secretary The Department of Housing and Urban Development shall be provided an additional Assistant Secretary. (c) Delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review The Secretary may delegate any of his functions, duties and power to employees of the Department of Housing and Urban Development or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this subchapter. The person to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Department of Housing and Urban Development in compliance with sections 3105, 3344, 5372, and 7521 of title 5 [of the United States Code]. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. The Secretary shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Department, to boards of officers or to himself, as shall be appropriate and in accordance with law. (d) Cooperation of Secretary and executive departments and agencies in administration of housing and urban development programs and activities to further fair housing purposes All executive departments and agencies shall administer their programs and activities relating to housing and urban development (including any Federal agency having regulatory or supervisory authority over financial institutions) in a manner affirmatively to further the purposes of this subchapter and shall cooperate with the Secretary to further such purposes. (e) Functions of Secretary The Secretary of Housing and Urban Development shall-- (1) make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the United States; (2) publish and disseminate reports, recommendations, and information derived from such studies, including an annual report to the Congress-- 8

35 (A) specifying the nature and extent of progress made nationally in eliminating discriminatory housing practices and furthering the purposes of this title, obstacles remaining to achieving equal housing opportunity, and recommendations for further legislative or executive action; and (B) containing tabulations of the number of instances (and the reasons therefor) in the preceding year in which-- (i) investigations are not completed as required by section 810(a)(1)(B); (ii) determinations are not made within the time specified in section 810(g); and (iii) hearings are not commenced or findings and conclusions are not made as required by section 812(g); (3) cooperate with and render technical assistance to Federal, State, local, and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices; (4) cooperate with and render such technical and other assistance to the Community Relations Service as may be appropriate to further its activities in preventing or eliminating discriminatory housing practices; (5) administer the programs and activities relating to housing and urban development in a manner affirmatively to further the policies of this subchapter; and (6) annually report to the Congress, and make available to the public, data on the race, color, religion, sex, national origin, age, handicap, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of, programs administered by the Department to the extent such characteristics are within the coverage of the provisions of law and Executive orders referred to in subsection (f) which apply to such programs (and in order to develop the data to be included and made available to the public under this subsection, the Secretary shall, without regard to any other provision of law, collect such information relating to those characteristics as the Secretary determines to be necessary or appropriate). (f) The provisions of law and Executive orders to which subsection (e)(6) applies are-- (1) title VI of the Civil Rights Act of 1964; (2) title VIII of the Civil Rights Act of 1968; (3) section 504 of the Rehabilitation Act of 1973; (4) the Age Discrimination Act of 1975; (5) the Equal Credit Opportunity Act; (6) section 1978 of the Revised Statutes (42 U.S.C. 1982); (7) section 8(a) of the Small Business Act; (8) section 527 of the National Housing Act; (9) section 109 of the Housing and Community Development Act of 1974; (10) section 3 of the Housing and Urban Development Act of 1968; (11) Executive Orders 11063, 11246, 11625, 12250, 12259, and 12432; and (12) any other provision of law which the Secretary specifies by publication in the Federal Register for the purpose of this subsection. 9

36 Sec. 808a. [42 U.S.C. 3608a] Collection of certain data (a) In general To assess the extent of compliance with Federal fair housing requirements (including the requirements established under title VI of Public Law [42 U.S.C.A. {2000d et seq.] and title VIII of Public Law [42 U.S.C.A. {3601 et seq.]), the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each collect, not less than annually, data on the racial and ethnic characteristics of persons eligible for, assisted, or otherwise benefiting under each community development, housing assistance, and mortgage and loan insurance and guarantee program administered by such Secretary. Such data shall be collected on a building by building basis if the Secretary involved determines such collection to be appropriate. (b) Reports to Congress The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each include in the annual report of such Secretary to the Congress a summary and evaluation of the data collected by such Secretary under subsection (a) of this section during the preceding year. Sec [42 U.S.C. 3609] Education and conciliation; conferences and consultations; reports Immediately after April 11, 1968, the Secretary shall commence such educational and conciliatory activities as in his judgment will further the purposes of this subchapter. He shall call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this subchapter and his suggested means of implementing it, and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. He may pay per diem, travel, and transportation expenses for persons attending such conferences as provided in section 5703 of Title 5. He shall consult with State and local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in their State or locality, and whether and how State or local enforcement programs might be utilized to combat such discrimination in connection with or in place of, the Secretary's enforcement of this subchapter. The Secretary shall issue reports on such conferences and consultations as he deems appropriate. Sec [42 U.S.C. 3610] Administrative Enforcement; Preliminary Matters (a) Complaints and Answers. -- (1) (A) (i) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary alleging such discriminatory housing practice. The Secretary, on the Secretary's own initiative, may also file such a complaint. (ii) Such complaints shall be in writing and shall contain such information and be in such form as the Secretary requires. 10

37 (iii) The Secretary may also investigate housing practices to determine whether a complaint should be brought under this section. (B) Upon the filing of such a complaint-- (i) the Secretary shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this title; (ii) the Secretary shall, not later than 10 days after such filing or the identification of an additional respondent under paragraph (2), serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this title, together with a copy of the original complaint; (iii) each respondent may file, not later than 10 days after receipt of notice from the Secretary, an answer to such complaint; and (iv) the Secretary shall make an investigation of the alleged discriminatory housing practice and complete such investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), unless it is impracticable to do so. (C) If the Secretary is unable to complete the investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), the Secretary shall notify the complainant and respondent in writing of the reasons for not doing so. (D) Complaints and answers shall be under oath or affirmation, and may be reasonably and fairly amended at any time. (2) (A) A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under paragraph (1), to such person, from the Secretary. (B) Such notice, in addition to meeting the requirements of paragraph (1), shall explain the basis for the Secretary's belief that the person to whom the notice is addressed is properly joined as a respondent. (b) Investigative Report and Conciliation. -- (1) During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the Secretary, the Secretary shall, to the extent feasible, engage in conciliation with respect to such complaint. (2) A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Secretary. (3) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief. 11

38 (4) Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Secretary determines that disclosure is not required to further the purposes of this title. (5) (A) At the end of each investigation under this section, the Secretary shall prepare a final investigative report containing-- (i) the names and dates of contacts with witnesses; (ii) a summary and the dates of correspondence and other contacts with the aggrieved person and the respondent; (iii) a summary description of other pertinent records; (iv) a summary of witness statements; and (v) answers to interrogatories. (B) A final report under this paragraph may be amended if additional evidence is later discovered. (c) Failure to Comply With Conciliation Agreement. -- Whenever the Secretary has reasonable cause to believe that a respondent has breached a conciliation agreement, the Secretary shall refer the matter to the Attorney General with a recommendation that a civil action be filed under section 814 for the enforcement of such agreement. (d) Prohibitions and Requirements With Respect to Disclosure of Information. -- (1) Nothing said or done in the course of conciliation under this title may be made public or used as evidence in a subsequent proceeding under this title without the written consent of the persons concerned. (2) Notwithstanding paragraph (1), the Secretary shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the Secretary's investigation, information derived from an investigation and any final investigative report relating to that investigation. (e) Prompt Judicial Action. -- (1) If the Secretary concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this title, the Secretary may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon receipt of such authorization, the Attorney General shall promptly commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Federal Rules of Civil Procedure. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this section and section 812 of this title. (2) Whenever the Secretary has reason to believe that a basis may exist for the commencement of proceedings against any respondent under section 814(a) and 814(c) or for proceedings by any governmental licensing or supervisory authorities, the Secretary shall transmit the information upon which such belief is based to the Attorney General, or to such authorities, as the case may be. (f) Referral for State or Local Proceedings. -- (1) Whenever a complaint alleges a discriminatory housing practice-- (A) within the jurisdiction of a State or local public agency; and 12

39 (B) as to which such agency has been certified by the Secretary under this subsection; the Secretary shall refer such complaint to that certified agency before taking any action with respect to such complaint. (2) Except with the consent of such certified agency, the Secretary, after that referral is made, shall take no further action with respect to such complaint unless-- (A) the certified agency has failed to commence proceedings with respect to the complaint before the end of the 30th day after the date of such referral; (B) the certified agency, having so commenced such proceedings, fails to carry forward such proceedings with reasonable promptness; or (C) the Secretary determines that the certified agency no longer qualifies for certification under this subsection with respect to the relevant jurisdiction. (3) (A) The Secretary may certify an agency under this subsection only if the Secretary determines that-- (i) the substantive rights protected by such agency in the jurisdiction with respect to which certification is to be made; (ii) the procedures followed by such agency; (iii) the remedies available to such agency; and (iv) the availability of judicial review of such agency's action; are substantially equivalent to those created by and under this title. (B) Before making such certification, the Secretary shall take into account the current practices and past performance, if any, of such agency. (4) During the period which begins on the date of the enactment of the Fair Housing Amendments Act of 1988 and ends 40 months after such date, each agency certified (including an agency certified for interim referrals pursuant to 24 CFR , unless such agency is subsequently denied recognition under 24 CFR 115.7) for the purposes of this title on the day before such date shall for the purposes of this subsection be considered certified under this subsection with respect to those matters for which such agency was certified on that date. If the Secretary determines in an individual case that an agency has not been able to meet the certification requirements within this 40-month period due to exceptional circumstances, such as the infrequency of legislative sessions in that jurisdiction, the Secretary may extend such period by not more than 8 months. (5) Not less frequently than every 5 years, the Secretary shall determine whether each agency certified under this subsection continues to qualify for certification. The Secretary shall take appropriate action with respect to any agency not so qualifying. (g) Reasonable Cause Determination and Effect. -- (1) The Secretary shall, within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, unless it is 13

40 impracticable to do so, or unless the Secretary has approved a conciliation agreement with respect to the complaint. If the Secretary is unable to make the determination within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), the Secretary shall notify the complainant and respondent in writing of the reasons for not doing so. (2) (A) If the Secretary determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Secretary shall, except as provided in subparagraph (C), immediately issue a charge on behalf of the aggrieved person, for further proceedings under section 812. (B) Such charge-- (i) shall consist of a short and plain statement of the facts upon which the Secretary has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur; (ii) shall be based on the final investigative report; and (iii) need not be limited to the facts or grounds alleged in the complaint filed under section 810(a). (C) If the Secretary determines that the matter involves the legality of any State or local zoning or other land use law or ordinance, the Secretary shall immediately refer the matter to the Attorney General for appropriate action under section 814, instead of issuing such charge. (3) If the Secretary determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Secretary shall promptly dismiss the complaint. The Secretary shall make public disclosure of each such dismissal. (4) The Secretary may not issue a charge under this section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a State law, seeking relief with respect to that discriminatory housing practice. (h) Service of Copies of Charge. -- After the Secretary issues a charge under this section, the Secretary shall cause a copy thereof, together with information as to how to make an election under section 812(a) and the effect of such an election, to be served-- (1) on each respondent named in such charge, together with a notice of opportunity for a hearing at a time and place specified in the notice, unless that election is made; and (2) on each aggrieved person on whose behalf the complaint was filed. Sec [42 U.S.C. 3611] Subpoenas; Giving of Evidence (a) In General. -- The Secretary may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this title. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the United States district court for the district in which the investigation is taking place. 14

41 (b) Witness Fees. -- Witnesses summoned by a subpoena under this title shall be entitled to same witness and mileage fees as witnesses in proceedings in United States district courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party or, where a party is unable to pay the fees, by the Secretary. (c) Criminal Penalties. -- (1) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person's power to do so, in obedience to the subpoena or other lawful order under subsection (a), shall be fined not more than $100,000 or imprisoned not more than one year, or both. (2) Any person who, with intent thereby to mislead another person in any proceeding under this title-- (A) makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (a); (B) willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or (C) willfully mutilates, alters, or by any other means falsifies any documentary evidence; shall be fined not more than $100,000 or imprisoned not more than one year, or both. Sec [42 U.S.C. 3612] Enforcement by Secretary (a) Election of Judicial Determination. -- When a charge is filed under section 810, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under subsection (o) in lieu of a hearing under subsection (b). The election must be made not later than 20 days after the receipt by the electing person of service under section 810(h) or, in the case of the Secretary, not later than 20 days after such service. The person making such election shall give notice of doing so to the Secretary and to all other complainants and respondents to whom the charge relates. (b) Administrative Law Judge Hearing in Absence of Election. -- If an election is not made under subsection (a) with respect to a charge filed under section 810, the Secretary shall provide an opportunity for a hearing on the record with respect to a charge issued under section 810. The Secretary shall delegate the conduct of a hearing under this section to an administrative law judge appointed under section 3105 of title 5, United States Code. The administrative law judge shall conduct the hearing at a place in the vicinity in which the discriminatory housing practice is alleged to have occurred or to be about to occur. (c) Rights of Parties. -- At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under section 811. Any aggrieved person may intervene as a party in the proceeding. The Federal Rules of Evidence apply to the presentation of evidence in such hearing as they would in a civil action in a United States district court. (d) Expedited Discovery and Hearing

42 (1) Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence. (2) A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record. (3) The Secretary shall, not later than 180 days after the date of enactment of this subsection, issue rules to implement this subsection. (e) Resolution of Charge. -- Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued. (f) Effect of Trial of Civil Action on Administrative Proceedings. -- An administrative law judge may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a State law, seeking relief with respect to that discriminatory housing practice. (g) Hearings, Findings and Conclusions, and Order. -- ( (1) The administrative law judge shall commence the hearing under this section no later than 120 days following the issuance of the charge, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within 120 days after the issuance of the charge, the administrative law judge shall notify the Secretary, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing of the reasons for not doing so. (2) The administrative law judge shall make findings of fact and conclusions of law within 60 days after the end of the hearing under this section, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding 60-day period thereafter, the administrative law judge shall notify the Secretary, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing of the reasons for not doing so. (3) If the administrative law judge finds that a respondent has engaged or is about to engage in a discriminatory housing practice, such administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent-- (A) in an amount not exceeding $11,000 if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (B) in an amount not exceeding $27,500 if the respondent has been adjudged to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of this charge; and (C) in an amount not exceeding $55,000 if the respondent has been adjudged to have committed 2 or more discriminatory housing practices during the 7-year period ending on the date of the filing of this charge; except that if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged 16

43 to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (B) and (C) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred. (4) No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this title. (5) In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the Secretary shall, not later than 30 days after the date of the issuance of such order (or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon such review)-- (A) send copies of the findings of fact, conclusions of law, and the order, to that governmental agency; and (B) recommend to that governmental agency appropriate disciplinary action (including, where appropriate, the suspension or revocation of the license of the respondent). (6) In the case of an order against a respondent against whom another order was issued within the preceding 5 years under this section, the Secretary shall send a copy of each such order to the Attorney General. (7) If the administrative law judge finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, such administrative law judge shall enter an order dismissing the charge. The Secretary shall make public disclosure of each such dismissal. (h) Review by Secretary; Service of Final Order. -- (1) The Secretary may review any finding, conclusion, or order issued under subsection (g). Such review shall be completed not later than 30 days after the finding, conclusion, or order is so issued; otherwise the finding, conclusion, or order becomes final. (2) The Secretary shall cause the findings of fact and conclusions of law made with respect to any final order for relief under this section, together with a copy of such order, to be served on each aggrieved person and each respondent in the proceeding. (i) Judicial Review. -- (1) Any party aggrieved by a final order for relief under this section granting or denying in whole or in part the relief sought may obtain a review of such order under chapter 158 of title 28, United States Code. (2) Notwithstanding such chapter, venue of the proceeding shall be in the judicial circuit in which the discriminatory housing practice is alleged to have occurred, and filing of the petition for review shall be not later than 30 days after the order is entered. (j) Court Enforcement of Administrative Order Upon Petition by Secretary. -- (1) The Secretary may petition any United States court of appeals for the circuit in which the discriminatory housing practice is alleged to have occurred or in which any respondent resides or transacts business for the enforcement of the order of the administrative law judge and for appropriate temporary relief or restraining 17

44 order, by filing in such court a written petition praying that such order be enforced and for appropriate temporary relief or restraining order. (2) The Secretary shall file in court with the petition the record in the proceeding. A copy of such petition shall be forthwith transmitted by the clerk of the court to the parties to the proceeding before the administrative law judge. (k) Relief Which May Be Granted. -- (1) Upon the filing of a petition under subsection (i) or (j), the court may-- (A) grant to the petitioner, or any other party, such temporary relief, restraining order, or other order as the court deems just and proper; (B) affirm, modify, or set aside, in whole or in part, the order, or remand the order for further proceedings; and (C) enforce such order to the extent that such order is affirmed or modified. (2) Any party to the proceeding before the administrative law judge may intervene in the court of appeals. (3) No objection not made before the administrative law judge shall be considered by the court, unless the failure or neglect to urge such objection is excused because of extraordinary circumstances. (l) Enforcement Decree in Absence of Petition for Review. -- If no petition for review is filed under subsection (i) before the expiration of 45 days after the date the administrative law judge's order is entered, the administrative law judge's findings of fact and order shall be conclusive in connection with any petition for enforcement-- (1) which is filed by the Secretary under subsection (j) after the end of such day; or (2) under subsection (m). (m) Court Enforcement of Administrative Order Upon Petition of Any Person Entitled to Relief. -- If before the expiration of 60 days after the date the administrative law judge's order is entered, no petition for review has been filed under subsection (i), and the Secretary has not sought enforcement of the order under subsection (j), any person entitled to relief under the order may petition for a decree enforcing the order in the United States court of appeals for the circuit in which the discriminatory housing practice is alleged to have occurred. (n) Entry of Decree. -- The clerk of the court of appeals in which a petition for enforcement is filed under subsection (1) or (m) shall forthwith enter a decree enforcing the order and shall transmit a copy of such decree to the Secretary, the respondent named in the petition, and to any other parties to the proceeding before the administrative law judge. (o) Civil Action for Enforcement When Election Is Made for Such Civil Action. -- (1) If an election is made under subsection (a), the Secretary shall authorize, and not later than 30 days after the election is made the Attorney General shall commence and maintain, a civil action on behalf of the aggrieved person in a United States district court seeking relief under this subsection. Venue for such civil action shall be determined under chapter 87 of title 28, United States Code. (2) Any aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action. 18

45 (3) In a civil action under this subsection, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such discriminatory housing practice in a civil action under section 813. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under section 813 shall also accrue to that aggrieved person in a civil action under this subsection. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court. (p) Attorney's Fees. -- In any administrative proceeding brought under this section, or any court proceeding arising therefrom, or any civil action under section 812, the administrative law judge or the court, as the case may be, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 504 of title 5, United States Code, or by section 2412 of title 28, United States Code. Sec [42 U.S.C. 3613] Enforcement by Private Persons (a) Civil Action. -- (1) (A) An aggrieved person may commence a civil action in an appropriate United States district court or State court not later than 2 years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this title, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach. (B) The computation of such 2-year period shall not include any time during which an administrative proceeding under this title was pending with respect to a complaint or charge under this title based upon such discriminatory housing practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement. (2) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under section 810(a) and without regard to the status of any such complaint, but if the Secretary or a State or local agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement. (3) An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the Secretary if an administrative law judge has commenced a hearing on the record under this title with respect to such charge. (b) Appointment of Attorney by Court. -- Upon application by a person alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may-- (1) appoint an attorney for such person; or 19

46 (2) authorize the commencement or continuation of a civil action under subsection (a) without the payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action. (c) Relief Which May Be Granted. -- (1) In a civil action under subsection (a), if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and subject to subsection (d), may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate). (2) In a civil action under subsection (a), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. The United States shall be liable for such fees and costs to the same extent as a private person. (d) Effect on Certain Sales, Encumbrances, and Rentals. -- Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a complaint with the Secretary or civil action under this title. (e) Intervention by Attorney General. -- Upon timely application, the Attorney General may intervene in such civil action, if the Attorney General certifies that the case is of general public importance. Upon such intervention the Attorney General may obtain such relief as would be available to the Attorney General under section 814(e) in a civil action to which such section applies. Sec [42 U.S.C. 3614] Enforcement by the Attorney General (a) Pattern or Practice Cases. -- Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this title, or that any group of persons has been denied any of the rights granted by this title and such denial raises an issue of general public importance, the Attorney General may commence a civil action in any appropriate United States district court. (b) On Referral of Discriminatory Housing Practice or Conciliation Agreement for Enforcement. -- (1) (A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to a discriminatory housing practice referred to the Attorney General by the Secretary under section 810(g). (B) A civil action under this paragraph may be commenced not later than the expiration of 18 months after the date of the occurrence or the termination of the alleged discriminatory housing practice. (2) (A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to breach of 20

47 a conciliation agreement referred to the Attorney General by the Secretary under section 810(c). (B) A civil action may be commenced under this paragraph not later than the expiration of 90 days after the referral of the alleged breach under section 810(c). (c) Enforcement of Subpoenas. -- The Attorney General, on behalf of the Secretary, or other party at whose request a subpoena is issued, under this title, may enforce such subpoena in appropriate proceedings in the United States district court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business. (d) Relief Which May Be Granted in Civil Actions Under Subsections (a) and (b). -- (1) In a civil action under subsection (a) or (b), the court-- (A) may award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this title as is necessary to assure the full enjoyment of the rights granted by this title; (B) may award such other relief as the court deems appropriate, including monetary damages to persons aggrieved; and (C) may, to vindicate the public interest, assess a civil penalty against the respondent-- (i) in an amount not exceeding $55,000, for a first violation; and (ii) in an amount not exceeding $110,000, for any subsequent violation. (2) In a civil action under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 2412 of title 28, United States Code. (e) Intervention in Civil Actions. -- Upon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection (a) or (b) which involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under section 813. Sec. 814a. Incentives for Self-Testing and Self-Correction (a) Privileged Information. -- (1) Conditions For Privilege. -- A report or result of a self-test (as that term is defined by regulation of the Secretary) shall be considered to be privileged under paragraph (2) if any person- (A) conducts, or authorizes an independent third party to conduct, a selftest of any aspect of a residential real estate related lending transaction of that person, or any part of that transaction, in order to determine the level or effectiveness of compliance with this title by that person; and (B) has identified any possible violation of this title by that person and has taken, or is taking, appropriate corrective action to address any such possible violation. 21

48 (2) Privileged Self-Test. -- If a person meets the conditions specified in subparagraphs (A) and (B) of paragraph (1) with respect to a self-test described in that paragraph, any report or results of that self-test- (A) shall be privileged; and (B) may not be obtained or used by any applicant, department, or agency in any -- (i) proceeding or civil action in which one or more violations of this title are alleged; or (ii) examination or investigation relating to compliance with this title. (b) Results of Self-Testing. -- (1) In General. -- No provision of this section may be construed to prevent an aggrieved person, complainant, department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a violation of this title is alleged, or in any examination or investigation of compliance with this title if -- (A) the person to whom the self-test relates or any person with lawful access to the report or the results -- (i) voluntarily releases or discloses all, or any part of, the report or results to the aggrieved person, complainant, department, or agency, or to the general public; or (ii) refers to or describes the report or results as a defense to charges of violations of this title against the person to whom the self-test relates; or (B) the report or results are sought in conjunction with an adjudication or admission of a violation of this title for the sole purpose of determining an appropriate penalty or remedy. (2) Disclosure for Determination of Penalty or Remedy. -- Any report or results of a self-test that are disclosed for the purpose specified in paragraph (1)(B) -- (A) shall be used only for the particular proceeding in which the adjudication or admission referred to in paragraph (1)(B) is made; and (B) may not be used in any other action or proceeding. (c) Adjudication. -- An aggrieved person, complainant, department, or agency that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in -- (1) a court of competent jurisdiction; or (2) an administrative law proceeding with appropriate jurisdiction. (2) Regulations. -- (A) In General. -- Not later than 6 months after the date of enactment of this Act, in consultation with the Board and after providing notice and an opportunity for public comment, the Secretary of Housing and Urban Development shall prescribe final regulations to implement section 814A of the Fair Housing Act, as added by this section. (B) Self-Test. -- (i) Definition. -- The regulations prescribed by the Secretary under subparagraph (A) shall include a definition of the term "self-test" 22

49 for purposes of section 814A of the Fair Housing Act, as added by this section. (ii) Requirement for Self-Test. -- The regulations prescribed by the Secretary under subparagraph (A) shall specify that a self-test shall be sufficiently extensive to constitute a determination of the level and effectiveness of the compliance by a person engaged in residential real estate related lending activities with the Fair Housing Act. (iii) Substantial Similarity to Certain Equal Credit Opportunity Act Regulations. -- The regulations prescribed under subparagraph (A) shall be substantially similar to the regulations prescribed by the Board to carry out section 704A of the Equal Credit Opportunity Act, as added by this section. (C) Applicability. -- (1) In General. -- Except as provided in paragraph (2), the privilege provided for in section 704a of the Equal Credit Opportunity Act or section 814a of the Fair Housing Act (as those sections are added by this section) shall apply to a self-test (as that term is defined pursuant to the regulations prescribed under subsection (a)(2) or (b)(2) of this section, as appropriate) conducted before, on, or after the effective date of the regulations prescribed under subsection (a)(2) or (b)(2), as appropriate. (2) Exception. -- The privilege referred to in paragraph (1) does not apply to such a self-test conducted before the effective date of the regulations prescribed under subsection (a) or (b), as appropriate, if -- (A) before that effective date, a complaint against the creditor or person engaged in residential real estate related lending activities (as the case may be) was -- (i) formally filed in any court of competent jurisdiction; or (ii) the subject of an ongoing administrative law proceeding; (B) in the case of section 704a of the Equal Credit Opportunity Act, the creditor has waived the privilege pursuant to subsection (b)(1)(a)(i) of that section; or (C) in the case of section 814a of the Fair Housing Act, the person engaged in residential real estate related lending activities has waived the privilege pursuant to subsection (b)(1)(a)(i) of that section. Sec [42 U.S.C. 3614a] Rules to Implement Title The Secretary may make rules (including rules for the collection, maintenance, and analysis of appropriate data) to carry out this title. The Secretary shall give public notice and opportunity for comment with respect to all rules made under this section. 23

50 Sec [42 U.S.C. 3615] Effect on State laws Nothing in this subchapter shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this subchapter shall be effective, that grants, guarantees, or protects the same rights as are granted by this subchapter; but any law of a State, a political subdivision, or other such jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under this subchapter shall to that extent be invalid. Sec [42 U.S.C. 3616] Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register The Secretary may cooperate with State and local agencies charged with the administration of State and local fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist him in carrying out this subchapter. In furtherance of such cooperative efforts, the Secretary may enter into written agreements with such State or local agencies. All agreements and terminations thereof shall be published in the Federal Register. Sec [42 U.S.C. 3617] Interference, coercion, or intimidation; enforcement by civil action It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 803, 804, 805, or 806 of this title. Sec [42 U.S.C. 3618] Authorization of appropriations There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this subchapter. Sec [42 U.S.C. 3619] Separability of provisions If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, the remainder of the subchapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. (Sec. 12 of 1988 Act). [42 U.S.C note] Disclaimer of Preemptive Effect on Other Acts Nothing in the Fair Housing Act as amended by this Act limits any right, procedure, or remedy available under the Constitution or any other Act of the Congress not so amended. (Sec. 13 of 1988 Act). [42 U.S.C note] Effective Date and Initial Rulemaking (a) Effective Date. -- This Act and the amendments made by this Act shall take effect on the 180th day beginning after the date of the enactment of this Act. (b) Initial Rulemaking. -- In consultation with other appropriate Federal agencies, the Secretary shall, not later than the 180th day after the date of the enactment of this Act, 24

51 issue rules to implement title VIII as amended by this Act. The Secretary shall give public notice and opportunity for comment with respect to such rules. (Sec. 14 of 1988 Act). [42 U.S.C note] Separability of Provisions If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. Section 901. (Title IX As Amended) [42 U.S.C. 3631] Violations; bodily injury; death; penalties Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with-- (a) any person because of his race, color, religion, sex, handicap (as such term is defined in section 802 of this Act), familial status (as such term is defined in section 802 of this Act), or national origin and because he is or has been selling, purchasing, renting, financing occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or (b) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from-- (1) participating, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 802 of this Act), familial status (as such term is defined in section 802 of this Act), or national origin, in any of the activities, services, organizations or facilities described in subsection(a) of this section; or (2) affording another person or class of persons opportunity or protection so to participate; or (c) any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 802 of this Act), familial status (as such term is defined in section 802 of this Act), or national origin, in any of the activities, services, organizations or facilities described in subsection (a) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate-- shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. TITLE 28, UNITED STATES CODE, AS AMENDED Section Definitions As used in this chapter -- (1) "clerk" means the clerk of the court in which the petition for the review of an order, reviewable under this chapter, is filed; (2) "petitioner" means the party or parties by whom a petition to review an order, reviewable under this chapter, is filed; and 25

52 (3) "agency" means -- (A) the Commission, when the order sought to be reviewed was entered by the Federal Communications Commission, the Federal Maritime Commission, the Interstate Commerce Commission, or the Atomic Energy Commission, as the case may be; (B) the Secretary, when the order was entered by the Secretary of Agriculture; (C) the Administration, when the order was entered by the Maritime Administration; and (D) the Secretary, when the order is under section 812 of the Fair Housing Act. Section Jurisdiction of court of appeals The court of appeals (other than the United States Court of Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of- (1) all final orders of the Federal Communications Commission made reviewable by section 402(a) of title 47; (2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under section 210(e), 217a, and 499g(a) of title 7; (3) all rules, regulations, or final orders of- (A) the Secretary of Transportation issued pursuant to section 2, 9, 37, 41, or 43 of the Shipping Act, 1916 (46 U.S.C.App. 802, 803, 808, 835, 839, and 841(a); and (B) the Federal Maritime Commission issued pursuant to-- (i) section 23, 25, or 43 of the Shipping Act, 1916 (46 U.S.C.App. 822, 824, or 841a); (ii) section 19 of the Merchant Marine Act, 1920 (46 U.S.C.App. 876); (iii) section 2, 3, 4, or 5 of the Intercoastal Shipping Act, 1933 (46 U.S.C.App. 844, 845, 845a, or 845b); (iv) section 14 or 17 of the Shipping Act of 1984 (46 U.S.C.App or 1716); or (v) section 2(d) or 3(d) of the Act of November 6, 1966 (46 U.S.C.App. 817d(d) or 817e(d); (4) all final orders of the Atomic Energy Commission made reviewable by section 2239 of title 42; (5) all rules, regulations, or final orders of the Interstate Commerce Commission made reviewable by section 2321 of this title and all final orders of such Commission made reviewable under section 11901(j)(2) of Title 49, United States Code; and (6) all final orders under section 812 of the Fair Housing Act. Jurisdiction is invoked by filing a petition as provided by section 2344 of this title. 26

53 EXHIBIT #2

54 Compliance (Fair Housing MOUs) Lead Office: HUD-FHEO Participating Offices: USDA-RD, HUD-FHEO, HUD-OGC, DOJ & Treasury/IRS Prepared by: Jack Malgeri, HUD-FHEO Issue Statement: In 1997, the Secretaries of HUD and Agriculture signed a memorandum of understanding (MOU) between the two agencies concerning cooperation in the processing of USDA civil rights cases, joint investigations of civil rights issues, sharing of documents, and cooperation in the conciliation, informal resolution of cases, and the development of sanctions. While initially operational, the HUD-Agriculture MOU has largely not been followed and its dormancy has produced a lack of meaningful dialogue between the two agencies concerning the resolution of significant civil rights issues and proactively cooperating to address common civil rights problems in housing programs, frequently financed with both HUD and USDA financing. Little effort has been made on coordinating a common approach to the statutory requirement to affirmatively further fair housing, and how a coordinated effort by USDA, HUD, and DOJ program staff could enhance USDA efforts in the realm of affirmatively furthering fair housing its housing assistance programs. In 2000, the Secretary of the Treasury, the Secretary of HUD, and the Attorney General of the United States signed a Fair Housing Act Memorandum of Understanding (MOU) among the three agencies seeking to improve Fair Housing Act enforcement, educational outreach, and IRS agency guidance addressing significant civil rights concerns in the low-income housing credit program. Since 2000, the Fair Housing Act MOU has been successful in leading to the resolution of dozens of civil rights cases involving low-income housing credit projects referred to the IRS by HUD and DOJ. Specifically, through a coordinated process, the IRS has sent advisory letters to project owners based on the underlying HUD or DOJ civil rights action, noting the potential loss of low-income housing credits if the project owners fail to address the underlying civil rights issue. The three agencies also engaged in significant educational outreach to project owners, syndicators, and housing credit agencies on civil rights matters, including disabled accessibility requirements. In addition, the IRS improved its guidance on civil rights issues for project owners, housing credit agencies and others based on technical assistance from HUD and DOJ. Nevertheless, a limitation of the existing Fair Housing Act MOU is that its practical focus has been limited to improving inter-agency technical operations issues, rather than focusing on addressing substantive civil rights policy concerns. There is also a need for more robust and regular discussions among the three agencies concerning emerging civil rights issues. The need for greater harmonization among federal agencies concerning fair housing and civil rights issues has grown significantly. For example, issues of harmonization emerge in: 1) the need for closer cooperation and more effective coordination among the Department of the Treasury, the Department of Agriculture, the Department of Housing and Urban Development, and the Department of Justice in addressing civil rights problems involving commonly funded housing projects including disabled accessible housing problems, local opposition to the development of affordable housing, patterns of discrimination by builders, lenders, property management firms, and local governments, and unified remedies when encountering developers, syndicators, lenders, with funding sources among several federal programs; 2) the need for improved and coordinated data collection about demographics about tenants and housing locations; 3) the lack of uniform guidance among the federal housing programs about discrimination against HUD and USDA voucher holders; 4) the need for Jul-11

55 greater unified educational outreach by the federal housing agencies and the Department of Justice concerning civil rights problems and solutions to developers, project investors, property managers, lenders, syndicators, and tenants; 5) the lack of consistent application of affirmative fair housing marketing in the low-income housing credit program that are utilized in other federal housing programs; and 6) the lack of consistent site and neighborhood standards which would help avoid predominant placement of housing in highly minority and poverty concentrated areas. Proposed Alignment: Alignment summary The outline for greater fair housing and civil rights alignment includes: (1) reconstituting and restarting the coordination process established in the original 2000 Fair Housing Act Memorandum of Understanding (MOU) among Treasury, HUD, and Justice, and the 1997 HUD-Department of Agriculture MOU; alternatively, consideration should be given to making USDA a signatory to the existing operational 2000 Fair Housing Act MOU. Specific actions are listed in the approximate order in which they could be achieved, with the understanding that many of these proposals may be pursued simultaneously. Specific actions to effect alignment: 1. Reinvigorate the Interagency Coordination Process Set Forth in the MOUs Designated Staff. Designate career staff from each agency to serve as the point person for implementing the 1997 and 2000 MOUs and to confer on key guidance and enforcement issues set out below. Establish semi-annual meetings of IRS, HUD, USDA, and DOJ personnel to discuss fair housing issues applicable to the low-income housing credit program and improvements to processes, agency guidance, and cooperation among agencies. 2. Enhance Educational Outreach and Training for State Housing Credit Agencies, Syndicators, Project Managers, and Developers Within the existing structure of the 2000 MOU, the federal agencies should reinvigorate: Cooperation among HUD, USDA, IRS, and DOJ officials in conducting annual training seminars, and meetings with: o State and Local Housing Credit Agencies about their obligation to comply with the Fair Housing Act when allocating LIHTCs and to answer questions about Fair Housing topics. o Associations of developers, syndicators, property managers, and investors that receive the LIHTCs and USDA loan assistance about how they can comply with the Fair Housing Act, including training on exclusionary zoning law and practices, and accessibility requirements. 3. Enhance Quality Control of Non-Compliance Reporting to IRS Within the existing structure of the MOU, the federal agencies should reinvigorate the process of reporting federal and state civil rights actions: Form Help ensure that housing credit agencies are timely and comprehensively reporting to the IRS and notifying owners when HUD has reported a charge or a reasonable cause determination by a substantially equivalent fair housing agency, regarding an LIHTC project, or when DOJ has filed a Fair Housing Act lawsuit. Establish a mechanism whereby DOJ and HUD can notify IRS directly of these events as well through a point of contact with the IRS Service Center processing the forms Resource Estimate for Implementation: Jul-11

56 The resources necessary for implementation of these recommendations is very minimal. It is anticipated that one staff FTE from each of HUD, USDA, IRS, and DOJ would need to commit to one-quarter of their time over the course of the one year implementation period in coordinating the effort to work on refining the existing Memorandum of Understandings, and in implementing the development of educational outreach programs, improved agency guidance, and operational details. The only expenditures contemplated would be for HUD and DOJ training, travel, and educational outreach efforts to stakeholders in the syndicator, lending, property management, and housing credit agency communities, which again is contemplated under the existing Fair Housing Act MOU. Estimated cost savings for owners, operators, developers, investors and/or lenders: The savings to owners and developers will largely result from avoiding litigation, retrofitting, and civil penalties as a result of clearer, better guidance and educational outreach which will mitigate the potential for fair housing violations. Lenders and syndicators will also save money, time, and resources in having greater knowledge and awareness about investing in proposed housing projects without adequate due diligence of the civil rights ramifications of site placement, development standards, and rental practices in a housing transaction. Estimated cost savings for State, local, and Federal governments: State and local governments will benefit from avoiding litigation as a result of more informed knowledge and awareness of potential civil rights violations as a result of a lack of understanding in areas such as segregated housing, failure to provide accessible housing, and disparate impact legal challenges. The Federal Government will benefit from cooperative foresight and inter-agency cooperation which will help mitigate the need for resources devoted to litigation to correct civil rights deficiencies that could have been prevented through more effective educational outreach and proactive compliance civil rights compliance monitoring. Schedule for Alignment Implementation: Work on the enhancements to the respective MOUs and improved guidance and educational outreach can be completed on a one year schedule. Please see the following projected schedule: August 2011 Convene agencies to discuss existing MOUs and suggested improvements; October 2011 Revise existing memorandum(s) of understanding; January 2012 Begin educational outreach to housing credit agencies, syndicators, developers, and project managers; August 2012 Reassess quality control efforts, educational outreach, and new processes developed under the MOU for effectiveness. Challenges to effecting proposed solutions: The challenges for adopting these proposed solutions will require inter-agency cooperation. IRS, HUD, USDA, and Justice have cooperated in the past and recognized the benefits of a unified effort to address civil rights problems in their respective housing programs. A key challenge is maintaining energy, commitment, and purpose, which was sometimes absent in past inter-agency civil rights initiatives. From past experience with the Fair Housing Act MOU among Treasury, HUD, and DOJ, the private housing industry, housing credit agencies, and developers will be somewhat reluctant to implement requirements such as affirmative fair housing requirements, or site and neighborhood standards, perhaps because of erroneously perceived conflicts with neighborhood revitalization. We believe that this initial reluctance can be overcome by active outreach to the developer, syndicator, lending, and housing credit agency organizations to fully explain the rationale and benefits of enhanced civil rights planning and compliance. Such outreach efforts occurred in 2000 in conjunction with the signing of the Fair Housing Act MOU and these outreach efforts significantly eased concerns and promoted the active partnership of key stakeholders such as the syndicator, property management, and housing credit agency communities. Jul-11

57 Purpose This document is part of an ongoing effort to better align Federal rental policy across the Administration and is sponsored by the Rental Policy Working Group. The Rental Policy Working Group is composed of the White House Domestic Policy Council (DPC), National Economic Council (NEC), Office of Management and Budget (OMB), and the U.S. Departments of Housing and Urban Development (HUD), Agriculture (USDA), and Treasury. The specific areas of concern identified herein emerged from July 2010 stakeholders gathering at the White House on areas of Federal rental policy inconsistency across the administration. The revised conceptual proposals for alignment articulated within this report are preliminary in nature and have not been endorsed by any Federal agency or office. With any questions, please contact the Rental Policy Working Group Agency Alignment Leads: Larry Anderson, Director of Multi-Family Housing Preservation and Direct Loans at USDA-Rural Development, Ben Metcalf, Senior Advisor at HUD s Office of Multifamily Housing Programs; or Michael Novey, Associate Tax Legislative Counsel in Treasury s Office of Tax Policy. Jul-11

58 EXHIBIT #3

59 U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY Washington, D.C. May 17, 2004 JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT Introduction The Department of Justice ("DOJ") and the Department of Housing and Urban Development ("HUD") are jointly responsible for enforcing the federal Fair Housing Act 1 (the "Act"), which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. 2 One type of disability discrimination prohibited by the Act is the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling. 3 HUD and DOJ frequently respond to complaints alleging that housing providers have violated the Act by refusing reasonable accommodations to persons with disabilities. This Statement provides technical assistance regarding the rights and obligations of persons with disabilities and housing providers under the Act relating to 1 The Fair Housing Act is codified at 42 U.S.C The Act uses the term handicap instead of the term "disability." Both terms have the same legal meaning. See Bragdon v. Abbott, 524 U.S. 624, 631 (1998) (noting that definition of disability in the Americans with Disabilities Act is drawn almost verbatim from the definition of 'handicap' contained in the Fair Housing Amendments Act of 1988 ). This document uses the term "disability," which is more generally accepted U.S.C. 3604(f)(3)(B).

60 reasonable accommodations. 4 Questions and Answers 1. What types of discrimination against persons with disabilities does the Act prohibit? The Act prohibits housing providers from discriminating against applicants or residents because of their disability or the disability of anyone associated with them 5 and from treating persons with disabilities less favorably than others because of their disability. The Act also makes it unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford... person(s) [with disabilities] equal opportunity to use and enjoy a dwelling. 6 The Act also prohibits housing providers from refusing residency to persons with disabilities, or placing conditions on their residency, because those persons may require reasonable accommodations. In addition, in certain circumstances, the Act requires that housing providers allow residents to 4 Housing providers that receive federal financial assistance are also subject to the requirements of Section 504 of the Rehabilitation Act of l U.S.C Section 504, and its implementing regulations at 24 C.F.R. Part 8, prohibit discrimination based on disability and require recipients of federal financial assistance to provide reasonable accommodations to applicants and residents with disabilities. Although Section 504 imposes greater obligations than the Fair Housing Act, (e.g., providing and paying for reasonable accommodations that involve structural modifications to units or public and common areas), the principles discussed in this Statement regarding reasonable accommodation under the Fair Housing Act generally apply to requests for reasonable accommodations to rules, policies, practices, and services under Section 504. See U.S. Department of Housing and Urban Development, Office of Public and Indian Housing, Notice PIH (HA) ( and Section 504: Frequently Asked Questions, ( sect504faq.cfm#anchor272118). 5 The Fair Housing Act s protection against disability discrimination covers not only home seekers with disabilities but also buyers and renters without disabilities who live or are associated with individuals with disabilities 42 U.S.C. 3604(f)(1)(B), 42 U.S.C. 3604(f)(1)(C), 42 U.S.C. 3604(f)(2)(B), 42 U.S.C. (f)(2)(c). See also H.R. Rep (reprinted in 1988 U.S.C.A.N. 2173, ) ( The Committee intends these provisions to prohibit not only discrimination against the primary purchaser or named lessee, but also to prohibit denials of housing opportunities to applicants because they have children, parents, friends, spouses, roommates, patients, subtenants or other associates who have disabilities. ). Accord: Preamble to Proposed HUD Rules Implementing the Fair Housing Act, 53 Fed. Reg (Nov. 7, 1988) (citing House Report) U.S.C. 3604(f)(3)(B). HUD regulations pertaining to reasonable accommodations may be found at 24 C.F.R

61 make reasonable structural modifications to units and public/common areas in a dwelling when those modifications may be necessary for a person with a disability to have full enjoyment of a dwelling. 7 With certain limited exceptions (see response to question 2 below), the Act applies to privately and publicly owned housing, including housing subsidized by the federal government or rented through the use of Section 8 voucher assistance. 2. Who must comply with the Fair Housing Act s reasonable accommodation requirements? Any person or entity engaging in prohibited conduct i.e., refusing to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling may be held liable unless they fall within an exception to the Act s coverage. Courts have applied the Act to individuals, corporations, associations and others involved in the provision of housing and residential lending, including property owners, housing managers, homeowners and condominium associations, lenders, real estate agents, and brokerage services. Courts have also applied the Act to state and local governments, most often in the context of exclusionary zoning or other land-use decisions. See e.g., City of Edmonds v. Oxford House, Inc., 514 U.S. 725, 729 (1995); Project Life v. Glendening, 139 F. Supp. 703, 710 (D. Md. 2001), aff'd 2002 WL (4 th Cir. 2002). Under specific exceptions to the Fair Housing Act, the reasonable accommodation requirements of the Act do not apply to a private individual owner who sells his own home so long as he (1) does not own more than three single-family homes; (2) does not use a real estate agent and does not employ any discriminatory advertising or notices; (3) has not engaged in a similar sale of a home within a 24-month period; and (4) is not in the business of selling or renting dwellings. The reasonable accommodation requirements of the Fair Housing Act also do not apply to owner-occupied buildings that have four or fewer dwelling units. 3. Who qualifies as a person with a disability under the Act? The Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment. The term "physical or mental impairment" includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism. 7 This Statement does not address the principles relating to reasonable modifications. For further information see the HUD regulations at 24 C.F.R This statement also does not address the additional requirements imposed on recipients of Federal financial assistance pursuant to Section 504, as explained in the Introduction

62 The term "substantially limits" suggests that the limitation is "significant" or "to a large degree." The term major life activity means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one s self, learning, and speaking. 8 This list of major life activities is not exhaustive. See e.g., Bragdon v. Abbott, 524 U.S. 624, (1998)(holding that for certain individuals reproduction is a major life activity). 4. Does the Act protect juvenile offenders, sex offenders, persons who illegally use controlled substances, and persons with disabilities who pose a significant danger to others? No, juvenile offenders and sex offenders, by virtue of that status, are not persons with disabilities protected by the Act. Similarly, while the Act does protect persons who are recovering from substance abuse, it does not protect persons who are currently engaging in the current illegal use of controlled substances. 9 Additionally, the Act does not protect an individual with a disability whose tenancy would constitute a "direct threat" to the health or safety of other individuals or result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by reasonable accommodation. 5. How can a housing provider determine if an individual poses a direct threat? The Act does not allow for exclusion of individuals based upon fear, speculation, or stereotype about a particular disability or persons with disabilities in general. A determination that an individual poses a direct threat must rely on an individualized assessment that is based on reliable objective evidence (e.g., current conduct, or a recent history of overt acts). The assessment must consider: (1) the nature, duration, and severity of the risk of injury; (2) the probability that injury will actually occur; and (3) whether there are any reasonable accommodations that will eliminate the direct threat. Consequently, in evaluating a recent history of overt acts, a provider must take into account whether the individual has received intervening treatment or medication that has eliminated the direct threat (i.e., a significant risk of substantial harm). In such a situation, the provider may request that the individual document 8 The Supreme Court has questioned but has not yet ruled on whether "working" is to be considered a major life activity. See Toyota Motor Mfg, Kentucky, Inc. v. Williams, 122 S. Ct. 681, 692, 693 (2002). If it is a major activity, the Court has noted that a claimant would be required to show an inability to work in a broad range of jobs rather than a specific job. See Sutton v. United Airlines, Inc., 527 U.S. 470, 492 (1999). 9 See, e.g., United States v. Southern Management Corp., 955 F.2d 914, 919 (4 th Cir. 1992) (discussing exclusion in 42 U.S.C. 3602(h) for current, illegal use of or addiction to a controlled substance )

63 how the circumstances have changed so that he no longer poses a direct threat. A provider may also obtain satisfactory assurances that the individual will not pose a direct threat during the tenancy. The housing provider must have reliable, objective evidence that a person with a disability poses a direct threat before excluding him from housing on that basis. Example 1: A housing provider requires all persons applying to rent an apartment to complete an application that includes information on the applicant s current place of residence. On her application to rent an apartment, a woman notes that she currently resides in Cambridge House. The manager of the apartment complex knows that Cambridge House is a group home for women receiving treatment for alcoholism. Based solely on that information and his personal belief that alcoholics are likely to cause disturbances and damage property, the manager rejects the applicant. The rejection is unlawful because it is based on a generalized stereotype related to a disability rather than an individualized assessment of any threat to other persons or the property of others based on reliable, objective evidence about the applicant s recent past conduct. The housing provider may not treat this applicant differently than other applicants based on his subjective perceptions of the potential problems posed by her alcoholism by requiring additional documents, imposing different lease terms, or requiring a higher security deposit. However, the manager could have checked this applicant s references to the same extent and in the same manner as he would have checked any other applicant s references. If such a reference check revealed objective evidence showing that this applicant had posed a direct threat to persons or property in the recent past and the direct threat had not been eliminated, the manager could then have rejected the applicant based on direct threat. Example 2: James X, a tenant at the Shady Oaks apartment complex, is arrested for threatening his neighbor while brandishing a baseball bat. The Shady Oaks lease agreement contains a term prohibiting tenants from threatening violence against other residents. Shady Oaks rental manager investigates the incident and learns that James X threatened the other resident with physical violence and had to be physically restrained by other neighbors to keep him from acting on his threat. Following Shady Oaks standard practice of strictly enforcing its no threats policy, the Shady Oaks rental manager issues James X a 30-day notice to quit, which is the first step in the eviction process. James X's attorney contacts Shady Oaks' rental manager and explains that James X has a psychiatric disability that causes him to be physically violent when he stops taking his prescribed medication. Suggesting that his client will not pose a direct threat to others if proper safeguards are taken, the attorney requests that the rental manager grant James X an exception to the no threats policy as a reasonable accommodation based on James X s disability. The Shady Oaks rental manager need only grant the reasonable accommodation if James X s attorney can provide satisfactory assurance that James X will receive appropriate counseling and - 5 -

64 periodic medication monitoring so that he will no longer pose a direct threat during his tenancy. After consulting with James X, the attorney responds that James X is unwilling to receive counseling or submit to any type of periodic monitoring to ensure that he takes his prescribed medication. The rental manager may go forward with the eviction proceeding, since James X continues to pose a direct threat to the health or safety of other residents. 6. What is a "reasonable accommodation" for purposes of the Act? A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling. The Act makes it unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. To show that a requested accommodation may be necessary, there must be an identifiable relationship, or nexus, between the requested accommodation and the individual s disability. Example 1: A housing provider has a policy of providing unassigned parking spaces to residents. A resident with a mobility impairment, who is substantially limited in her ability to walk, requests an assigned accessible parking space close to the entrance to her unit as a reasonable accommodation. There are available parking spaces near the entrance to her unit that are accessible, but those spaces are available to all residents on a first come, first served basis. The provider must make an exception to its policy of not providing assigned parking spaces to accommodate this resident. Example 2: A housing provider has a policy of requiring tenants to come to the rental office in person to pay their rent. A tenant has a mental disability that makes her afraid to leave her unit. Because of her disability, she requests that she be permitted to have a friend mail her rent payment to the rental office as a reasonable accommodation. The provider must make an exception to its payment policy to accommodate this tenant. Example 3: A housing provider has a "no pets" policy. A tenant who is deaf requests that the provider allow him to keep a dog in his unit as a reasonable accommodation. The tenant explains that the dog is an assistance animal that will alert him to several sounds, including knocks at the door, sounding of the smoke detector, the telephone ringing, and cars coming into the driveway. The housing - 6 -

65 provider must make an exception to its no pets policy to accommodate this tenant. 7. Are there any instances when a provider can deny a request for a reasonable accommodation without violating the Act? Yes. A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disabilityrelated need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of the provider's operations. The determination of undue financial and administrative burden must be made on a case-by-case basis involving various factors, such as the cost of the requested accommodation, the financial resources of the provider, the benefits that the accommodation would provide to the requester, and the availability of alternative accommodations that would effectively meet the requester's disability-related needs. When a housing provider refuses a requested accommodation because it is not reasonable, the provider should discuss with the requester whether there is an alternative accommodation that would effectively address the requester's disability-related needs without a fundamental alteration to the provider's operations and without imposing an undue financial and administrative burden. If an alternative accommodation would effectively meet the requester's disability-related needs and is reasonable, the provider must grant it. An interactive process in which the housing provider and the requester discuss the requester's disability-related need for the requested accommodation and possible alternative accommodations is helpful to all concerned because it often results in an effective accommodation for the requester that does not pose an undue financial and administrative burden for the provider. Example: As a result of a disability, a tenant is physically unable to open the dumpster placed in the parking lot by his housing provider for trash collection. The tenant requests that the housing provider send a maintenance staff person to his apartment on a daily basis to collect his trash and take it to the dumpster. Because the housing development is a small operation with limited financial resources and the maintenance staff are on site only twice per week, it may be an undue financial and administrative burden for the housing provider to grant the requested daily trash pick-up service. Accordingly, the requested accommodation may not be reasonable. If the housing provider denies the requested accommodation as unreasonable, the housing provider should discuss with the tenant whether reasonable accommodations could be provided to meet the tenant's disability-related needs for instance, placing an open trash collection can in a location that is readily accessible to the tenant so the tenant can dispose of his own trash and the provider's maintenance staff can then transfer the trash to the dumpster when they are on site. Such an accommodation would not involve a - 7 -

66 fundamental alteration of the provider's operations and would involve little financial and administrative burden for the provider while accommodating the tenant's disability-related needs. There may be instances where a provider believes that, while the accommodation requested by an individual is reasonable, there is an alternative accommodation that would be equally effective in meeting the individual's disability-related needs. In such a circumstance, the provider should discuss with the individual if she is willing to accept the alternative accommodation. However, providers should be aware that persons with disabilities typically have the most accurate knowledge about the functional limitations posed by their disability, and an individual is not obligated to accept an alternative accommodation suggested by the provider if she believes it will not meet her needs and her preferred accommodation is reasonable. 8. What is a fundamental alteration? A "fundamental alteration" is a modification that alters the essential nature of a provider's operations. Example: A tenant has a severe mobility impairment that substantially limits his ability to walk. He asks his housing provider to transport him to the grocery store and assist him with his grocery shopping as a reasonable accommodation to his disability. The provider does not provide any transportation or shopping services for its tenants, so granting this request would require a fundamental alteration in the nature of the provider's operations. The request can be denied, but the provider should discuss with the requester whether there is any alternative accommodation that would effectively meet the requester's disability-related needs without fundamentally altering the nature of its operations, such as reducing the tenant's need to walk long distances by altering its parking policy to allow a volunteer from a local community service organization to park her car close to the tenant's unit so she can transport the tenant to the grocery store and assist him with his shopping. 9. What happens if providing a requested accommodation involves some costs on the part of the housing provider? Courts have ruled that the Act may require a housing provider to grant a reasonable accommodation that involves costs, so long as the reasonable accommodation does not pose an undue financial and administrative burden and the requested accommodation does not constitute a fundamental alteration of the provider s operations. The financial resources of the provider, the cost of the reasonable accommodation, the benefits to the requester of the requested accommodation, and the availability of other, less expensive alternative accommodations that would effectively meet the applicant or resident s disability-related needs must be considered in determining whether a requested accommodation poses an undue financial and administrative - 8 -

67 burden. 10. What happens if no agreement can be reached through the interactive process? A failure to reach an agreement on an accommodation request is in effect a decision by the provider not to grant the requested accommodation. If the individual who was denied an accommodation files a Fair Housing Act complaint to challenge that decision, then the agency or court receiving the complaint will review the evidence in light of applicable law and decide if the housing provider violated that law. For more information about the complaint process, see question 19 below. 11. May a housing provider charge an extra fee or require an additional deposit from applicants or residents with disabilities as a condition of granting a reasonable accommodation? No. Housing providers may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation. Example 1: A man who is substantially limited in his ability to walk uses a motorized scooter for mobility purposes. He applies to live in an assisted living facility that has a policy prohibiting the use of motorized vehicles in buildings and elsewhere on the premises. It would be a reasonable accommodation for the facility to make an exception to this policy to permit the man to use his motorized scooter on the premises for mobility purposes. Since allowing the man to use his scooter in the buildings and elsewhere on the premises is a reasonable accommodation, the facility may not condition his use of the scooter on payment of a fee or deposit or on a requirement that he obtain liability insurance relating to the use of the scooter. However, since the Fair Housing Act does not protect any person with a disability who poses a direct threat to the person or property of others, the man must operate his motorized scooter in a responsible manner that does not pose a significant risk to the safety of other persons and does not cause damage to other persons' property. If the individual's use of the scooter causes damage to his unit or the common areas, the housing provider may charge him for the cost of repairing the damage (or deduct it from the standard security deposit imposed on all tenants), if it is the provider's practice to assess tenants for any damage they cause to the premises. Example 2: Because of his disability, an applicant with a hearing impairment needs to keep an assistance animal in his unit as a reasonable accommodation. The housing provider may not require the applicant to pay a fee or a security deposit as a condition of allowing the applicant to keep the assistance animal. However, if a tenant's assistance animal causes damage to the applicant's unit or the common areas of the dwelling, the housing provider may charge the tenant for - 9 -

68 the cost of repairing the damage (or deduct it from the standard security deposit imposed on all tenants), if it is the provider's practice to assess tenants for any damage they cause to the premises. 12. When and how should an individual request an accommodation? Under the Act, a resident or an applicant for housing makes a reasonable accommodation request whenever she makes clear to the housing provider that she is requesting an exception, change, or adjustment to a rule, policy, practice, or service because of her disability. She should explain what type of accommodation she is requesting and, if the need for the accommodation is not readily apparent or not known to the provider, explain the relationship between the requested accommodation and her disability. An applicant or resident is not entitled to receive a reasonable accommodation unless she requests one. However, the Fair Housing Act does not require that a request be made in a particular manner or at a particular time. A person with a disability need not personally make the reasonable accommodation request; the request can be made by a family member or someone else who is acting on her behalf. An individual making a reasonable accommodation request does not need to mention the Act or use the words "reasonable accommodation." However, the requester must make the request in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability. Although a reasonable accommodation request can be made orally or in writing, it is usually helpful for both the resident and the housing provider if the request is made in writing. This will help prevent misunderstandings regarding what is being requested, or whether the request was made. To facilitate the processing and consideration of the request, residents or prospective residents may wish to check with a housing provider in advance to determine if the provider has a preference regarding the manner in which the request is made. However, housing providers must give appropriate consideration to reasonable accommodation requests even if the requester makes the request orally or does not use the provider's preferred forms or procedures for making such requests. Example: A tenant in a large apartment building makes an oral request that she be assigned a mailbox in a location that she can easily access because of a physical disability that limits her ability to reach and bend. The provider would prefer that the tenant make the accommodation request on a pre-printed form, but the tenant fails to complete the form. The provider must consider the reasonable accommodation request even though the tenant would not use the provider's designated form. 13. Must a housing provider adopt formal procedures for processing requests for a reasonable accommodation?

69 No. The Act does not require that a housing provider adopt any formal procedures for reasonable accommodation requests. However, having formal procedures may aid individuals with disabilities in making requests for reasonable accommodations and may aid housing providers in assessing those requests so that there are no misunderstandings as to the nature of the request, and, in the event of later disputes, provide records to show that the requests received proper consideration. A provider may not refuse a request, however, because the individual making the request did not follow any formal procedures that the provider has adopted. If a provider adopts formal procedures for processing reasonable accommodation requests, the provider should ensure that the procedures, including any forms used, do not seek information that is not necessary to evaluate if a reasonable accommodation may be needed to afford a person with a disability equal opportunity to use and enjoy a dwelling. See Questions 16-18, which discuss the disabilityrelated information that a provider may and may not request for the purposes of evaluating a reasonable accommodation request. 14. Is a housing provider obligated to provide a reasonable accommodation to a resident or applicant if an accommodation has not been requested? No. A housing provider is only obligated to provide a reasonable accommodation to a resident or applicant if a request for the accommodation has been made. A provider has notice that a reasonable accommodation request has been made if a person, her family member, or someone acting on her behalf requests a change, exception, or adjustment to a rule, policy, practice, or service because of a disability, even if the words reasonable accommodation are not used as part of the request. 15. What if a housing provider fails to act promptly on a reasonable accommodation request? A provider has an obligation to provide prompt responses to reasonable accommodation requests. An undue delay in responding to a reasonable accommodation request may be deemed to be a failure to provide a reasonable accommodation. 16. What inquiries, if any, may a housing provider make of current or potential residents regarding the existence of a disability when they have not asked for an accommodation? Under the Fair Housing Act, it is usually unlawful for a housing provider to (1) ask if an applicant for a dwelling has a disability or if a person intending to reside in a dwelling or anyone associated with an applicant or resident has a disability, or (2) ask about the nature or severity of such persons' disabilities. Housing providers may, however, make the following inquiries, provided these inquiries are made of all applicants, including those with and without disabilities:

70 An inquiry into an applicant s ability to meet the requirements of tenancy; An inquiry to determine if an applicant is a current illegal abuser or addict of a controlled substance; An inquiry to determine if an applicant qualifies for a dwelling legally available only to persons with a disability or to persons with a particular type of disability; and An inquiry to determine if an applicant qualifies for housing that is legally available on a priority basis to persons with disabilities or to persons with a particular disability. Example 1: A housing provider offers accessible units to persons with disabilities needing the features of these units on a priority basis. The provider may ask applicants if they have a disability and if, in light of their disability, they will benefit from the features of the units. However, the provider may not ask applicants if they have other types of physical or mental impairments. If the applicant's disability and the need for the accessible features are not readily apparent, the provider may request reliable information/documentation of the disability-related need for an accessible unit. Example 2: A housing provider operates housing that is legally limited to persons with chronic mental illness. The provider may ask applicants for information needed to determine if they have a mental disability that would qualify them for the housing. However, in this circumstance, the provider may not ask applicants if they have other types of physical or mental impairments. If it is not readily apparent that an applicant has a chronic mental disability, the provider may request reliable information/documentation of the mental disability needed to qualify for the housing. In some instances, a provider may also request certain information about an applicant's or a resident's disability if the applicant or resident requests a reasonable accommodation. See Questions 17 and 18 below. 17. What kinds of information, if any, may a housing provider request from a person with an obvious or known disability who is requesting a reasonable accommodation? A provider is entitled to obtain information that is necessary to evaluate if a requested reasonable accommodation may be necessary because of a disability. If a person s disability is obvious, or otherwise known to the provider, and if the need for the requested accommodation is also readily apparent or known, then the provider may not request any additional information

71 about the requester's disability or the disability-related need for the accommodation. If the requester's disability is known or readily apparent to the provider, but the need for the accommodation is not readily apparent or known, the provider may request only information that is necessary to evaluate the disability-related need for the accommodation. Example 1: An applicant with an obvious mobility impairment who regularly uses a walker to move around asks her housing provider to assign her a parking space near the entrance to the building instead of a space located in another part of the parking lot. Since the physical disability (i.e., difficulty walking) and the disability-related need for the requested accommodation are both readily apparent, the provider may not require the applicant to provide any additional information about her disability or the need for the requested accommodation. Example 2: A rental applicant who uses a wheelchair advises a housing provider that he wishes to keep an assistance dog in his unit even though the provider has a "no pets" policy. The applicant s disability is readily apparent but the need for an assistance animal is not obvious to the provider. The housing provider may ask the applicant to provide information about the disability-related need for the dog. Example 3: An applicant with an obvious vision impairment requests that the leasing agent provide assistance to her in filling out the rental application form as a reasonable accommodation because of her disability. The housing provider may not require the applicant to document the existence of her vision impairment. 18. If a disability is not obvious, what kinds of information may a housing provider request from the person with a disability in support of a requested accommodation? A housing provider may not ordinarily inquire as to the nature and severity of an individual's disability (see Answer 16, above). However, in response to a request for a reasonable accommodation, a housing provider may request reliable disability-related information that (1) is necessary to verify that the person meets the Act s definition of disability (i.e., has a physical or mental impairment that substantially limits one or more major life activities), (2) describes the needed accommodation, and (3) shows the relationship between the person s disability and the need for the requested accommodation. Depending on the individual s circumstances, information verifying that the person meets the Act's definition of disability can usually be provided by the individual himself or herself (e.g., proof that an individual under 65 years of age receives Supplemental Security Income or Social Security Disability Insurance benefits 10 or a credible statement by the individual). A doctor or other 10 Persons who meet the definition of disability for purposes of receiving Supplemental Security Income ("SSI") or Social Security Disability Insurance ("SSDI") benefits in most cases meet the definition of disability under the Fair Housing Act, although the converse may not be true. See e.g., Cleveland v. Policy Management Systems Corp., 526 U.S. 795, 797 (1999)

72 medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual's disability may also provide verification of a disability. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. Once a housing provider has established that a person meets the Act's definition of disability, the provider's request for documentation should seek only the information that is necessary to evaluate if the reasonable accommodation is needed because of a disability. Such information must be kept confidential and must not be shared with other persons unless they need the information to make or assess a decision to grant or deny a reasonable accommodation request or unless disclosure is required by law (e.g., a court-issued subpoena requiring disclosure). 19. If a person believes she has been unlawfully denied a reasonable accommodation, what should that person do if she wishes to challenge that denial under the Act? When a person with a disability believes that she has been subjected to a discriminatory housing practice, including a provider s wrongful denial of a request for reasonable accommodation, she may file a complaint with HUD within one year after the alleged denial or may file a lawsuit in federal district court within two years of the alleged denial. If a complaint is filed with HUD, HUD will investigate the complaint at no cost to the person with a disability. There are several ways that a person may file a complaint with HUD: By placing a toll-free call to or TTY ; By completing the on-line complaint form available on the HUD internet site: or By mailing a completed complaint form or letter to: Office of Fair Housing and Equal Opportunity Department of Housing & Urban Development 451 Seventh Street, S.W., Room 5204 Washington, DC (noting that SSDI provides benefits to a person with a disability so severe that she is unable to do her previous work and cannot engage in any other kind of substantial gainful work whereas a person pursuing an action for disability discrimination under the Americans with Disabilities Act may state a claim that with a reasonable accommodation she could perform the essential functions of the job)

73 Upon request, HUD will provide printed materials in alternate formats (large print, audio tapes, or Braille) and provide complainants with assistance in reading and completing forms. The Civil Rights Division of the Justice Department brings lawsuits in federal courts across the country to end discriminatory practices and to seek monetary and other relief for individuals whose rights under the Fair Housing Act have been violated. The Civil Rights Division initiates lawsuits when it has reason to believe that a person or entity is involved in a "pattern or practice" of discrimination or when there has been a denial of rights to a group of persons that raises an issue of general public importance. The Division also participates as amicus curiae in federal court cases that raise important legal questions involving the application and/or interpretation of the Act. To alert the Justice Department to matters involving a pattern or practice of discrimination, matters involving the denial of rights to groups of persons, or lawsuits raising issues that may be appropriate for amicus participation, contact: U.S. Department of Justice Civil Rights Division Housing and Civil Enforcement Section G St. 950 Pennsylvania Avenue, N.W. Washington, DC For more information on the types of housing discrimination cases handled by the Civil Rights Division, please refer to the Housing and Civil Enforcement Section's website at A HUD or Department of Justice decision not to proceed with a Fair Housing Act matter does not foreclose private plaintiffs from pursuing a private lawsuit. However, litigation can be an expensive, time-consuming, and uncertain process for all parties. HUD and the Department of Justice encourage parties to Fair Housing Act disputes to explore all reasonable alternatives to litigation, including alternative dispute resolution procedures, such as mediation. HUD attempts to conciliate all Fair Housing Act complaints. In addition, it is the Department of Justice's policy to offer prospective defendants the opportunity to engage in pre-suit settlement negotiations, except in the most unusual circumstances

74 EXHIBIT #4

75 Holiday Awareness Calendar US Federal Holidays in BOLD January New Year's Day, Sun., Jan. 1. A federal holiday in the United States, New Year's Day has its origin in Roman times, when sacrifices were offered to Janus, the two-faced Roman deity who looked back on the past and forward to the future. Epiphany (from Greek epiphaneia, "manifestation"), Thur., Jan. 6. Falls on the 12th day after Christmas and commemorates the manifestation of Jesus Christ to the Gentiles, as represented by the Magi, the baptism of Jesus, and the miracle of the wine at the marriage feast at Cana. One of the three major Christian festivals, along with Christmas and Easter. Epiphany originally marked the beginning of the carnival season preceding Lent, and the evening preceding it is known as Twelfth Night. Martin Luther King, Jr.'s Birthday, Mon., Jan. 16. A federal holiday observed on the third Monday in January that honors the late civil rights leader. It became a federal holiday in Chinese New Year, Mon., Jan. 23, is the most important celebration in the Chinese calendar. Chinese months are reckoned by the lunar calendar, with each month beginning on the darkest day. New Year festivities traditionally start on the first day of the month and continue until the fifteenth, when the moon is brightest. In China, the New Year is a time for family reunions. In the United States, however, many early Chinese immigrants arrived without their families, and found a sense of community by celebrating the holiday through neighborhood associations. February Groundhog Day, Thurs., Feb 2. Legend says that if the groundhog sees his shadow, he'll return to his hole & winter will last another 6 weeks Mawlid al-nabi, Sat., Feb. 4. This holiday celebrates the birthday of Muhammad, the founder of Islam. It is fixed as the 12th day of the month of Rabi I in the Islamic calendar. Lincoln's Birthday, Sun., Feb. 12. Lincoln's Birthday, observed. Mon., Feb. 13. A holiday in a few states, this day was first formally observed in Washington, DC, in 1866, when both houses of Congress gathered for a memorial address in tribute to the assassinated president. St. Valentine's Day, Tues., Feb. 14. The holiday's roots are in an ancient Roman fertility festival. Circa 496, Pope Gelasius I recast this pagan festival as a Christian feast day in honor of St. Valentine, but there are at least three different early saints by that name. How the day became associated with romance remains obscure, and is further clouded by various fanciful legends. Washington's Birthday or Presidents' Day, Mon., Feb. 20. (The actual date of his birthday is Feb. 22.) A federal holiday observed the third Monday in February. It is a common misconception that the federal holiday was changed to Presidents' Day and now celebrates both Washington and Lincoln. Only Washington is commemorated by the federal holiday; 13 states, however, officially celebrate Presidents' Day. TNDC Property Management Equal Housing Opportunity Page 1 of 6 Form: HOLACAR Effective: 03/ /2013

76 Holiday Awareness Calendar US Federal Holidays in BOLD Shrove Tuesday (Mardi Gras), Tues., Feb.21. Falls the day before Ash Wednesday and marks the end of the carnival season, which once began on Epiphany but is now usually celebrated the last three days before Lent. In France, the day is known as Mardi Gras (Fat Tuesday), and celebrations are held in several American cities, particularly New Orleans. The day is sometimes called Pancake Tuesday by the English because fats, which were prohibited during Lent, had to be used up. Ash Wednesday, Feb. 22. The seventh Wednesday before Easter and the first day of Lent, which lasts 40 days. Having its origin sometime before A.D. 1000, it is a day of public penance and is marked in the Roman Catholic Church by the burning of the palms blessed on the previous year's Palm Sunday. With the ashes from the palms the priest then marks a cross with his thumb upon the forehead of each worshipper. The Anglican Church and a few Protestant groups in the United States also observe the day, but generally without the use of ashes. March Purim (Feast of Lots), Thurs., March 8. A day of joy and feasting celebrating the deliverance of the Jews from a massacre planned by the Persian minister Haman. According to the Book of Esther, the Jewish queen Esther interceded with her husband, King Ahasuerus, to spare the life of her uncle, Mordecai, and Haman was hanged on the same gallows he had built for Mordecai. The holiday is marked by the reading of the Book of Esther (the Megillah), by the exchange of gifts, and by donations to the poor. St. Patrick's Day, Sat., March 17. St. Patrick, patron saint of Ireland, has been honored in America since the first days of the nation. Perhaps the most notable observance is the annual St. Patrick's Day parade in New York City. April April Fool's Day, Sun., April 1. The origins of April Fool's Day are uncertain. Some see it as a celebration related to the turn of the seasons, while others believe it stems from the adoption of a new calendar. Palm Sunday, April 1. Observed the Sunday before Easter to commemorate the entry of Jesus into Jerusalem. Good Friday, April 6. The Friday before Easter, it commemorates the Crucifixion, which is retold during services from the Gospel according to St. John. A feature in Roman Catholic churches is the Liturgy of the Passion; there is no Consecration, the Host having been consecrated the previous day. The eating of hot-cross buns on this day is said to have started in England. Passover (Pesach), Sat., April 7. The Feast of the Passover, also called the Feast of Unleavened Bread, commemorates the escape of the Jews from Egypt. As the Jews fled, they ate unleavened bread, and from that time the Jews have allowed no leavening in their houses during Passover, bread being replaced by matzoh. Easter Sunday, TNDC Property Management Equal Housing Opportunity Page 2 of 6 Form: HOLACAR Effective: 03/ /2013

77 Holiday Awareness Calendar US Federal Holidays in BOLD April 8. Observed in all Western Christian churches, Easter commemorates the Resurrection of Jesus. It is celebrated on the first Sunday after the full moon that occurs on or next after the vernal equinox (fixed at March 21) and is therefore celebrated between March 22 and April 25 inclusive. This date was fixed by the Council of Nicaea in A.D Orthodox Easter (Pascha), Sun., April 15. The Orthodox Church uses the Julian calendar when calculating Easter, rather than the more contemporary Gregorian calendar. For this reason, Orthodox Easter generally falls on a different date than the Western Christian Easter. May Mother's Day, Sun., May 13. Observed the second Sunday in May, as proposed by Anna Jarvis of Philadelphia in West Virginia was the first state to recognize the holiday in 1910, and President Woodrow Wilson officially proclaimed Mother's Day a national holiday in Ascension Day, Thurs., May 17. The Ascension of Jesus took place in the presence of his apostles 40 days after the Resurrection. It is traditionally thought to have occurred on Mount Olivet in Bethany. Shavuot (Hebrew Pentecost), Sun., May 27. This festival, sometimes called the Feast of Weeks, or of Harvest, or of the First Fruits, falls 50 days after Passover and originally celebrated the end of the seven-week grain-harvesting season. In later tradition, it also celebrated the giving of the Law to Moses on Mount Sinai. Pentecost (Whitsunday), Sun., May 27. This day commemorates the descent of the Holy Ghost upon the apostles 50 days after the Resurrection. Whitsunday is believed to have come from "white Sunday," when, among the English, white robes were worn by those baptized on the day. Memorial Day, Mon., May 28. Memorial Day became a federal holiday in 1971 and is observed on the last Monday in May. It originated in 1868, when Union General John A. Logan designated a day in which the graves of Civil War soldiers would be decorated. Originally known as Decoration Day, the holiday was changed to Memorial Day within 20 years, becoming a holiday dedicated to the memory of all war dead. June Flag Day, Thurs., June 14. This day commemorates the adoption by the Continental Congress on June 14, 1777, of the Stars and Stripes as the U.S. flag. Although it is a legal holiday only in Pennsylvania, President Truman, on Aug. 3, 1949, signed a bill requesting the president to call for its observance each year by proclamation. Father's Day, Sun., June 17. Observed the third Sunday in June. The exact origin of the holiday is not clear, but it was first celebrated June 19, 1910, in Spokane, Wash. In 1966 President Lyndon Johnson signed a proclamation making Father's Day official. TNDC Property Management Equal Housing Opportunity Page 3 of 6 Form: HOLACAR Effective: 03/ /2013

78 Holiday Awareness Calendar US Federal Holidays in BOLD July Independence Day, Wed., July 4. The day of the adoption of the Declaration of Independence in 1776, celebrated in all states and territories. The observance began the next year in Philadelphia. First Day of Ramadan, Fri., July 20. This day marks the beginning of a month-long fast that all Muslims must keep during the daylight hours. It commemorates the first revelation of the Qur'an. Following the last day of Ramadan, Eid al-fitr is celebrated on Tues. August 19. August September Labor Day, Mon., Sept. 3. A federal holiday observed the first Monday in September. Labor Day was first celebrated in New York in 1882 under the sponsorship of the Central Labor Union, following the suggestion of Peter J. McGuire, of the Knights of Labor, that the day be set aside in honor of labor. Rosh Hashanah (Jewish New Year), Mon., Sept. 17. This day marks the beginning of the Jewish year 5768 and opens the Ten Days of Penitence, which close with Yom Kippur. Yom Kippur (Day of Atonement), Wed., Sept. 26. This day marks the end of the Ten Days of Penitence that began with Rosh Hashanah. It is described in Leviticus as a Sabbath of rest, and synagogue services begin the preceding sundown, resume the following morning, and continue to sundown. October Columbus Day, Mon., Oct. 8. A federal holiday observed the second Monday in October, it commemorates Christopher Columbus's landing in the New World in Quite likely the first celebration of Columbus Day was that organized in 1792 by the Society of St. Tammany, or the Columbian Order, widely known as Tammany Hall. Thanksgiving (Canada), Mon., Oct. 8. A national holiday celebrated on the second Monday in October to give thanks for a successful harvest. Shemini Atzeret (Assembly of the Eighth Day), Mon., Oct. 8. This joyous holiday, encompassing Simchat Torah (Rejoicing in the Torah), falls immediately after the seven days of Sukkot. It marks the end of the year's weekly readings of the Torah (Five Books of Moses) in the synagogue, and the beginning of the new cycle of reading. Eid al-adha, Fri., Oct. 26. Eid al-adha, or the Feast of Sacrifice, commemorates Abraham's willingness to obey God by sacrificing his TNDC Property Management Equal Housing Opportunity Page 4 of 6 Form: HOLACAR Effective: 03/ /2013

79 Holiday Awareness Calendar US Federal Holidays in BOLD son. Lasting for three days, it concludes the annual Hajj, or pilgrimage to Mecca. Muslims worldwide sacrifice a lamb or other animal and distribute the meat to relatives or the needy. Halloween, Wed., Oct. 31. Eve of All Saints' Day, formerly called All Hallows and Hallowmass. Halloween is traditionally associated in some countries with customs such as bonfires, masquerading, and the telling of ghost stories. These are old Celtic practices marking the beginning of winter. All Saints' Day, Tues., Nov. 1. A Roman Catholic and Anglican holiday celebrating all saints, known and unknown. November Election Day (legal holiday in certain states), Tues., Nov. 6. Since 1845, by act of Congress, the first Tuesday after the first Monday in November is the date for choosing presidential electors. State elections are also generally held on this day. Veterans Day, Sun., Nov. 11. Armistice Day, a federal holiday, was established in 1926 to commemorate the signing in 1918 of the armistice ending World War I. On June 1, 1954, the name was changed to Veterans Day to honor all men and women who have served America in its armed forces. Muharram, Thurs., Nov. 15. The month of Muharram marks the beginning of the Islamic liturgical year. On the tenth day of the month, many Muslims may observe a day of fasting, known as Ashurah. Thanksgiving, Thurs., Nov. 22. A federal holiday observed the fourth Thursday in November by an act of Congress (1941), it was the first such national proclamation issued by President Lincoln in 1863, on the urging of Mrs. Sarah J. Hale, editor of Godey's Lady's Book. Most Americans believe that the holiday dates back to the day of thanks ordered by Governor Bradford of Plymouth Colony in New England in 1621, but scholars point out that days of thanks stem from ancient times. December First Sunday of Advent, Dec. 2. Advent is the season in which the faithful must prepare themselves for the coming, or advent, of the Savior on Christmas. The four Sundays before Christmas are marked by special church services. Hanukkah (Festival of Lights), Sun., Dec. 9. This festival was instituted by Judas Maccabaeus in 165 B.C. to celebrate the purification of the Temple of Jerusalem, which had been desecrated three years earlier by Antiochus Epiphanes, who set up a pagan altar and offered sacrifices to Zeus Olympius. In Jewish homes, a lamp or candle is lighted on each night of the eight-day festival. Christmas (Feast of the Nativity), Tues., Dec. 25. The most widely celebrated holiday of the Christian year, Christmas is observed as the anniversary of the birth of Jesus. Christmas customs are centuries old. The mistletoe, for example, comes from the Druids, who, in hanging the mistletoe, hoped for peace and good fortune. Comparatively recent is the Christmas tree, first set up in Germany in the TNDC Property Management Equal Housing Opportunity Page 5 of 6 Form: HOLACAR Effective: 03/ /2013

80 Holiday Awareness Calendar US Federal Holidays in BOLD 17th century. Colonial Manhattan Islanders introduced the name Santa Claus, a corruption of the Dutch name St. Nicholas, who lived in fourth-century Asia Minor. Kwanzaa, Wed., Dec. 26. This secular seven-day holiday was created by Black Studies professor Dr. Maulana Karenga in 1966 in the U.S., to reaffirm African values and serve as a communal celebration among African peoples in the diaspora. Modeled on first-fruits celebrations, it reflects seven principles, the Nguzo Saba: unity, self-determination, collective work and responsibility, cooperative economics, purpose, creativity, and faith. TNDC Property Management Equal Housing Opportunity Page 6 of 6 Form: HOLACAR Effective: 03/ /2013

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82 REQUEST FORM REASONABLE ACCOMMODATION/ MODIFICATION This form is required so that we can understand and obtain any required verifications. INSTRUCTIONS: If you require assistance in completing this form, please let us know and we will be happy to assist you. Please have the form completed and signed by the Head of Household (HOH) AND Household Member needing the accommodation, if 18 years of age or older. Property: HOH Name: Address: Requestor: Same as HOH OR Name: City/Sate/Zip: Unit #: Date of Birth: Authorization by applicant / tenant to release information: I hereby give the managing agent for the property listed above permission to contact any individual named herein for purposes of verification that I have, or a member of my household has a disability that is the basis for the reasonable accommodation or modification requested above. Signature of Individual needing accommodation (18+) Printed Name Date 1. You may verify that I, or the disabled member of my household, have a disability that is the basis for this request by contacting my Physician or Health Care Provider at: Name/Title: Office Name: Phone: Address: Verification Statement: A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about an individual s disability will provide verification of a disability. Any information collected will be kept confidential and not shared with other persons unless they need information to make or assess a decision to grant or deny an accommodation/modification. 2. By checking one of boxes below, I certify that I, or the disabled member of my household named above, have a disability that is ( disability is defined as: (1) having a physical or mental impairment that limits one or more major life activities; (2) having a record of history of having such an impairment; (3) being regarded as having such impairment; or (4) being associated with a person who has or is perceived to have such an impairment). Disability is permanent Fax: Disability is Temporary, if so how long: 3. I am asking for the following change(s) so that I, or the disabled member of my household above, may live at the property to have an equal opportunity to use and enjoy the housing (check all that apply): A change to a Rule, Policy, Practice, or Service select one or more of the following: Companion Animal Live-In Aide Unit Transfer, specify need in other below Other, specify: Please state why the change(s) is necessary: A Physical Change to a unit or common area: Flooring, specify: Other, specify: Please state why the change(s) is necessary: Other, explain: Grab Bars, where: 4. YES, you send response (approval or denial) copies to: TNDC Property Management Equal Housing Opportunity Dial 711 for TYY Assistance Page 1 of 1 Form: RAMREQ Effective: 01/2017

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84 EXHIBIT #7

85 T ENDER L OIN N EIGHBOR H OOD D EVELOPM E N T CO RPO R AT I O N 201 E DDY S TR EET S AN F RA N C I S C O CA PH : FAX : TNDC. OR G W WW. TNDC. ORG Property: HOH Name: Address: Unit #: Phone: RE: Resident: Applicant: Dear _: This response is provided in connection with a request for a reasonable accommodation or modification. The request has been: Granted: As requested OR Subject to the following: Pending: Response from your health care provider has not been received and is over fourteen (14) calendar days since verification attempt. Please contact your health care provider immediately or provide/confirm your health care provider contact information. More information is needed: Denied: The individual does not meet the legal definition of a person with a disability. Request is not needed in order to be afforded an equal housing opportunity. Request will cause an undue financial and administrative burden. Request will change the fundamental nature of the housing program. The requested accommodation or modification is not reasonable. Denied Notes: TNDC is committed to providing equal access to housing. If your request has been denied and you have information that you would like us to re consider or wish to make a different request, please contact your property management staff or TNDC s Compliance Team at the 215 Taylor Street Office, you may also us at ComplianceTeam@TNDC.org. Sincerely, FOR REFERENCE ONLY Allycia Cornett Compliance Specialist for 504 Coordinator CC: Brandon M. Flannery, Compliance Manager/Section 504 Coordinator _, Property Supervisor, TNDC _, General Manager, Tenant File, TNDC

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87 THREE STEP ON-SITE PROCEDURE for REASONABLE ACCOMMODATIONS/MODIFICATIONS 1. STEP ONE: Upon hearing or otherwise learning of a Resident s or Applicant s desire or need for a Reasonable Accommodation or Modification, the General Manager should immediately log the date and time of the request on a tracking log and provide the Resident or Applicant with a Request for Reasonable Accommodation or Modification Form AND have them sign the Certification of Need for Reasonable Accommodation or Modification Form. a. If the resident does not complete and/or return the completed forms within five (5) business days, the General Manager should: Make a courtesy call to remind the Applicant or Resident that the form has not been received by the office and note the follow-up call in the Tracking Log. b. If the Resident or Applicant has difficulty completing the Form, the General Manager can offer assistance in completing the Form on behalf of the Resident or Applicant; however, the Resident or Applicant must sign both documents. NOTE: All Reasonable Accommodation or Modification Requests MUST be tracked and processed even if a form is never completed. Remind, all individuals making a request that they must complete the Request Form and sign the Certification of Need. 2. STEP TWO: Once the forms are complete, the General Manager should do the following: a. Review to be sure all required signatures are on the completed forms. b. Make a file copy and provide a copy of the signed form to the Resident or Applicant. c. the completed form to the 504 Coordinator via ComplianceTeam@tndc.org. (Also copy the Property Supervisor.) If the property does not have scanning capability, you can fax the completed Form to the 504 Coordinator at: d. Enter the date of the fax or to the 504 Coordinator in the Tracking Log. NOTE: Please do not make any promises or commitments about a request. Let the Resident or Applicant know that the 504 coordinator will review the verification and approve/deny the need for the request immediately upon receipt of verifications. 3. STEP THREE: Upon receipt of a response from the 504 Coordinator, the General Manager should do the following: a. Make a file copy of the Response Form and, if requested, provide an additional copy to the Applicant or Resent. b. Immediately implement the Reasonable Accommodation or Modification as follows: i. PRIOR to changing a policy or procedure The General Manager and Property Supervisor should discuss if the requested change requires notification to third parties such as Residents or attorneys. ii. PRIOR to making a physical change (modification) The General Manager should: Obtain any bids from authorized vendors and present bids to the Property Supervisor/Associate Director; Determine if there is a financial burden impact to the property; If work is approved by the Property Supervisor and Associate Director/Director of Property Management, generate a Work Order specifying the physical modification work to be performed; Coordinate with the Property Supervisor on a performance schedule to assure a timely completion of the modification and communicate the schedule to the Applicant or Resident; and Monitor the Work Order work and document completion of the work by making a file copy of the Work order and a second copy for the 504 Coordinator. iii. Log the implementation, on-going status and completion date in the Tracking Log. NOTE: The cost to address a disabled individual s housing needs can be far less than the cost associated with a fair housing complaint for refusing to make a reasonable accommodation or modification. For questions, please contact the 504 Coordinator. EQUAL OPPORTUNITY HOUSING Page 1 of Taylor Street, San Francisco, CA Phone: (415) Fax: (415) Dial 711 for TYY assistance

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89 REASONABLE ACCOMMODATION OR MODIFICATION REQUEST PROCEDURE FAQs This FAQ document is meant to provide guidance in common questions regarding Reasonable Accommodations and Modifications. 1. What is a Reasonable Accommodation? A reasonable accommodation is a change, exception, or adjustment in a landlord s rule, policy, practice, or service that may be necessary to afford a disabled Applicant with an equal opportunity to apply for housing or a disabled Resident with an equal opportunity to use and enjoy a dwelling or public/common use areas. Examples: Change to a Policy: A change to the parking policy of a property to reserve a specific parking space for a mobilityimpaired Resident Exception to a Rule: Allowing a service or companion animal at a property that does not allow pets, or a waiver in a rule governing the size and weights of pets at a property that does allow pets, in order to accommodate a visuallyimpaired or clinically-depressed Resident. Adjustment to a Service: Providing a Resident who has a mental disability with 48-hours notice, instead of a standard 24-hours notice, before performing maintenance services in the Resident s apartment, in order to allow the Resident to prepare what for they may perceive to be an intrusion into their sanctuary. 2. What is a Reasonable Modification? A reasonable modification is a structural change made to an existing dwelling or public common-use areas in order to afford the disabled Applicant or Resident full enjoyment of the dwelling. Example: Physical modification to a Unit: Allowing a Resident to install a walk-in shower stall where a tub exists in order to accommodate someone with a physical disability 3. How do I recognize an Accommodation or Modification Request? An Applicant or Resident may approach you and specifically ask for an accommodation or modification; however, there are no magic words. Keep in mind that many people will not use the exact words reasonable accommodation or reasonable modification when they speak to you. Examples of What a Resident Might Say: I almost fell getting out of my tub last night. I had to grab the towel bar. I m so sorry I broke it. Can you have the maintenance guy come fix it? The knobs on the oven are so small, I couldn t see them. It s hard for me to do things myself. My daughter was wondering if she could move in to help me? Can we move to another unit closer to the entrance downstairs? It s so hard to walk now. If an Applicant or Resident tells you of a need that might be related to a disability, begin the reasonable accommodation or modification procedure immediately. Remember that requests can be made at any time, whether during the application process, at lease signing, or after occupancy has begun. It could be during a conversation or phone call where the Applicant or Resident mentions they need or want something that requires changes in how we interact with them. Residents who become disabled during their tenancy may request and accommodation or modification, even if they were not disabled when they signed their lease. If you re unsure whether someone is making a request, simply offer the person the option of making a request for an accommodation or modification and seek guidance from the 504 Coordinator. 4. Is there anything I am not allowed to ask a person making a request? While it is natural to want to know why a person is making a request, DO NOT ask any person making a request the nature of his or her disability. NEVER ask, what is wrong with you or say you don t look disabled to me. 5. Are there any circumstances when it is permissible to inquire about an Applicant s disability? Very few. Here are a couple LIMITED circumstances where you may talk to someone about his or her disability: If an Applicant requests to be housed at a property designed for people with certain types of disabilities, it is permissible to ask if he or she is eligible for the program and verify the information, so long as you are making the same inquiries to ALL applicants. If a Resident requests an income adjustment for medical or prescription costs associated with a disability, you may make a general inquiry, but NOT ask questions about the nature or extent of the disability. 6. What if I don t believe the requesting person is disabled? You should ALWAYS treat every person as if they are being completely honest and forthright with you, regardless of the person s actual behavior. It does not matter if the disability IS or IS NOT obvious, or the connection between the disability and the requested accommodation or modification IS or IS NOT obvious. Property staff will send a Certification of Need for Reasonable Accommodation or Modification to the Applicant s or Resident s health care provider in order to obtain verification that the requestor is disabled and that the requested accommodation or modification is required to provide equal access to housing. Only the Section 504 Coordinator will make the determination based on the request and verification documents. You should not state any disbelief to any person requesting the accommodation/modification. EQUAL OPPORTUNITY HOUSING Page 1 of Taylor Street, San Francisco, CA Phone: (415) Fax: (415) Dial 711 for TYY assistance

90 REASONABLE ACCOMMODATION OR MODIFICATION REQUEST PROCEDURE FAQs This FAQ document is meant to provide guidance in common questions regarding Reasonable Accommodations and Modifications. 7. Do disabled Applicants/Residents always receive what they request? No. While we assume the disabled person is in the best position to determine what he or she needs in order to accommodate his or her disability, there are some requests that will not be reasonable under the given circumstances. We will then engage in an interactive process with the individual and their Physician or Health Care Provider and work with them to determine what can reasonably be done to provide them with equal access and enjoyment to housing. 8. Are disabled Applicants/Residents automatically eligible for tenancy? No. All Applicants/Residents must be eligible for housing at your particular community based on your Resident Selection Criteria. We request information about credit history, criminal background, and rental history, the same as required for all applicants; although some exceptions to our standard policies may be made to accommodation a disable Applicant/Resident. The accommodation process is designed to put disabled Residents on equal plane with non-disabled Residents, and allow them equal access and enjoyment to housing despite their disability. Example: If an Applicant is otherwise eligible except for credit and credit-related issues during a fixed period of time that they can prove were due to a medical related issue AND demonstrate credit-worthiness both before and after that time, we MAY make an exception to our financial requirements in that instance. 9. What makes an accommodation or modification reasonable? Generally speaking, a request is not reasonable if it will cause an undue financial and administrative burden or will change the fundamental nature of our properties or programs. It is also important to remember the following: Whether a requested accommodation or modification is reasonable is a fact-specific inquiry that requires a case-bycase review of each request by the 504 Coordinator. It does not matter if we have granted or denied similar requests in the past, each request must be evaluated on its own merit. We also cannot consider whether a particular request will generate similar requests from others and there is no limit to the number of accommodations or modifications that may be provided to a particular Resident or Applicant. 10. Who pays for any costs associated with an accommodation or modification? See below for general guidelines; however, please DO NOT make any representations to the Applicant or Resident as to who will bear the cost of a requested modification. The 504 Coordinator will complete a Request Response and indicate if the request is approved at the Applicant or Tenant s cost. General Guidelines: At all properties, costs for reasonable accommodations are paid for by the landlord. This is why, for example, you cannot charge an additional deposit for an assistive or companion animal. At Section 504 properties (i.e., properties receiving federal funds including HOME and CDBG), costs of modifications are also paid for by the landlord. At properties that do not receive any form of federal subsidy, the Applicant or Resident may be required to pay for the modification. 11. What should I do if I receive a Request for Reasonable Accommodation or Modification? If you receive a request for an accommodation or modification, please follow the Three Step On-Site Procedure. Forward all requests to the 504 Coordinator for review and approval at ComplianceTeam@tndc.org. Remember: Only the 504 Coordinator can authorize an approval or denial of a request and it is critical that all requests be processed on an expedited basis and as stated in the Reasonable Accommodation/Modification Policy & Procedures. Many Fair Housing Complaints are filed because requests were not addressed promptly, or because the landlord did not adequately communicate or engage with the disabled Applicant/Resident in an interactive process. 12. If a person believes he or she has been unlawfully denied a reasonable accommodation, what should that person do? When a person with a disability believes that he or she has been subjected to a discriminatory housing practice, including a provider's wrongful denial of a request for reasonable accommodation, he or she may file a complaint with HUD within one year after the alleged denial or may file a lawsuit in federal district court within two years of the alleged denial. If a complaint is filed with HUD, HUD will investigate the complaint at no cost to the person with a disability. There are several ways a person can file a complaint with HUD: Placing a toll-free call to or TTY ; or completing an on-line complaint form available at or mailing a complaint form or letter to Office of Fair Housing and Equal Opportunity, Department of Housing & Urban Development, 451 Seventh Street SW Room 5204, Washington DC EQUAL OPPORTUNITY HOUSING Page 2 of Taylor Street, San Francisco, CA Phone: (415) Fax: (415) Dial 711 for TYY assistance

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92 NOTICE TNDC Complaints & Grievances T ENDERLOIN N EIGHBORHOOD D EVELOPMENT CORPORATION 201 E DDY S TREET S AN F RANCISCO CA PH: FAX: INFO@ TNDC. ORG W WW. T NDC. ORG PLEASE TAKE NOTICE that Tenderloin Neighborhood Development Corporation (TNDC) accepts Complaints &/or Grievances at each property and its Property Management Office. It is our policy to accept each complaint and/or grievance with an open mind and positive attitude. It is also the policy of TNDC not to discriminate on the basis of race, color, national origin, age, disability, sex, gender identity, religion, marital status, familial status, sexual orientation, source of income, or any other arbitrary reasons. Complaints Current or future residents are free to complain about anything and submit such complaint(s) in writing via our Complaint/Grievance Form. Grievance A formal grievance is to be used for resolution of disputes and problems between residents and management. A grievance may also be filed if a resident has lodged a complaint which they feel management has not taken seriously or adequately tried to resolve. Section 504 Grievance Any person who believes they have been subjected to discrimination on the basis of disability may file a Section 504 Grievance as it is against the law for TNDC to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. You may request to view a copy of our Complaint/Grievance Policies & Procedures with the management office or at our Property Management office located at 215 Taylor Street; San Francisco, CA Brandon Flannery is the Fair Housing Coordinator who has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development s regulations implementing Section 504 (24 CFR Part 8, dated June 2, 1988). Brandon Flannery, Section 504 Coordinator Phone (415) Fax (415) TTY (415) bflannery@tndc.org

93 NOTICE TNDC Non Discrimination Statement PLEASE TAKE NOTICE that Tenderloin Neighborhood Development Corporation (TNDC) has a long standing policy of not engaging in or assisting the efforts of others who engage in housing discrimination. TNDC promotes diversity throughout our community and buildings and does not discriminate on the bases of race, color, national origin, age, disability, sex, gender identity, religion, marital status, familial status, sexual orientation, source of income, or any other arbitrary reasons. It shall be the policy of TNDC to support housing opportunities regardless race, color, national origin, religion, sex, physical or mental disability, familial status, or any other classification protected by applicable federal, state or local law. TNDC believes that our current and future residents deserve to be treated fairly at all times and creating and fostering an environment of diversity throughout our communities as a critical component to on going success of our business operations. This is our pledge and Notice to you of our Non Discrimination Policy & Practices. T ENDERLOIN N EIGHBORHOOD D EVELOPMENT CORPORATION 201 E DDY S TREET S AN F RANCISCO CA PH: FAX: INFO@ TNDC. ORG W WW. T NDC. ORG You may request to view a copy of our Fair Housing Policies & Procedures with the management office or at our Property Management office located at 215 Taylor Street; San Francisco, CA Brandon Flannery is the Fair Housing Coordinator who has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development s regulations implementing Section 504 (24 CFR Part 8, dated June 2, 1988). Brandon Flannery, Section 504 Coordinator Phone (415) Fax (415) TTY (415) bflannery@tndc.org

94 NOTICE TNDC Reasonable Accommodations & Modifications PLEASE TAKE NOTICE that Tenderloin Neighborhood Development Corporation (TNDC) is committed to ensuring that its policies and practices do not deny individuals with disabilities the opportunity to participate in, or benefit from, nor otherwise discriminate against individuals with disabilities in connection with, the operation of TNDC s housing services or programs, solely on the basis of such disabilities. Therefore, if an individual with a disability requires an accommodation, such as an accessible feature or modification to TNDC policy, TNDC will provide such accommodation, unless doing so would result in a fundamental alteration in the nature of the program or an undue financial or administrative burden. In such a case, TNDC will make another accommodation that would not result in a financial or administrative burden. T ENDERLOIN N EIGHBORHOOD D EVELOPMENT CORPORATION 201 E DDY S TREET S AN F RANCISCO CA PH: FAX: INFO@ TNDC. ORG W WW. T NDC. ORG Brandon Flannery is the Fair Housing Coordinator who has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development s regulations implementing Section 504 (24 CFR Part 8, dated June 2, 1988). Brandon Flannery, Section 504 Coordinator Phone (415) Fax (415) TTY (415) bflannery@tndc.org

95 NOTICE TNDC s Resident Selection Criteria/Tenant Selection Plan PLEASE TAKE NOTICE that Tenderloin Neighborhood Development Corporation (TNDC) is required to establish fair and equitable guidelines for selecting applicants to occupy housing units. All Applicants must complete an initial certification of income and assets, and meet all eligibility criteria, prior to being offered a unit. The criteria must be presented and available to all applicants at any TNDC property. However, each property also has special criteria that are unique to that property due to its funding sources. You may request to view a copy of a property s Resident Selection Criteria/Tenant Selection Plan with the management office or at our Property Management office located at 215 Taylor Street; San Francisco, CA T ENDERLOIN N EIGHBORHOOD D EVELOPMENT CORPORATION 201 E DDY S TREET S AN F RANCISCO CA Brandon Flannery is the Fair Housing Coordinator who has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development s regulations implementing Section 504 (24 CFR Part 8, dated June 2, 1988). Brandon Flannery, Section 504 Coordinator Phone (415) Fax (415) TTY (415) bflannery@tndc.org PH: FAX: INFO@ TNDC. ORG W WW. T NDC. ORG

96 EXHIBIT #11

97 U. S. Department of Housing and Urban Development EQUAL HOUSING OPPORTUNITY We Do Business in Accordance With the Federal Fair Housing Law (The Fair Housing Amendments Act of 1988) It is illegal to Discriminate Against Any Person Because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin In the sale or rental of housing or residential lots In advertising the sale or rental of housing In the financing of housing In the provision of real estate brokerage services In the appraisal of housing Blockbusting is also illegal Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: (Toll Free) (TTY) U.S. Department of Housing and Urban Development Assistant Secretary for Fair Housing and Equal Opportunity Washington, D.C Previous editions are obsolete form HUD (2/2003)

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101 N a t u r a l D i s a s t e r s D O N ' T D I S C R I M I N A T E! D O N ' T L E T H O U S I N G D I S C R I M I N A T I O N S T O P Y O U F R O M R E B U I L D I N G Y O U R L I F E! For more information or to report housing discrimination call HUD at (TTY) or visit It is illegal to deny housing to people because of their race, color, national origin, religion, sex, disability, or familial status (families with children).

102 FAIR HOUSING YOU ARE PROTECTED UNDER CALIFORNIA LAW! The California Department of Fair Employment and Housing (DFEH) enforces laws that protect you from illegal discrimination and harassment in housing based on your actual or perceived: Age (Unruh Civil Rights Act) Ancestry Color Disability (mental and physical, including HIV and AIDS) Familial status (households with a child or children under age 18) Gender, gender identity, gender expression Genetic information Marital status Medical condition (genetic characteristics, cancer or a record or history of cancer) National origin (includes language use restrictions) Religion (includes religious dress and grooming practices) Sex (includes pregnancy, childbirth, breastfeeding and related medical conditions) Sexual orientation Source of income Common fair housing violations, based on the categories listed above, include the following: Refusal to rent, lease, or sell housing. Sexual harassment involving unwanted sexual advances or requiring sexual favors for housing rights or privileges. Discriminatory policies, practices, terms, or conditions that result in unequal access to housing or housing related services. Creating property documents, such as deeds or CC&Rs, that contain restrictive covenants limiting sale, rental, or use of housing. Denial of a home loan or homeowner s insurance. Failure to provide reasonable accommodation in rules, policies, practices or procedures, when necessary to accommodate a disability. Refusal to permit reasonable modification at the tenant s expense, when necessary to accommodate a disability. It also is illegal for cities, counties, or local government agencies to make zoning or land-use decisions or policies that unlawfully discriminate against you based on the categories listed above. WHAT THE DFEH DOES Enforces the Fair Employment and Housing Act, the Unruh Civil Rights Act, and the Ralph Civil Rights Act. Investigates complaints of discrimination, harassment, and hate violence in employment, housing and public accommodations.

103 Mediates complaints of discrimination to resolve disputes between parties involving alleged violations of the laws the DFEH enforces. Files and prosecutes lawsuits against those who violate the laws the DFEH enforces. Educates Californians about the laws prohibiting discrimination, harassment, retaliation and hate violence in employment, housing, and public accommodations. You have the right to complain about housing discrimination! If you believe you have experienced illegal discrimination or harassment in housing, you can explore filing a complaint with DFEH by taking the following steps: File a complaint online at or contact us at our toll-free number (800) Provide specific facts about the incident. Provide copies of documents that support the charges in your complaint. Keep records and documents about the complaint, such as rent receipts, applications, and other potential proof of discrimination. Complaints must be filed within one year of the last act of discrimination/harassment or, for victims who are under the age of 18, not later than one year after the victim s eighteenth birthday. If your complaint is accepted, the DFEH will conduct an impartial investigation. The DFEH is a neutral fact-finding agency and does not represent complaints or respondents. The DFEH s role is to determine if the law has been violated. Whenever possible, the DFEH will assist both parties to resolve the complaint. Examples of resolution could include: Making previously denied housing available. Compensation for losses and emotional distress. Training and policy changes to prevent future discrimination. Other actions to eliminate the effects of discrimination. If DFEH is unable to resolve the complaint, and there is sufficient evidence to establish a violation of the law, the DFEH may litigate the matter in superior court. For more information contact (800) ; TTY (800) ; videophone for the hearing impaired (916) ; contact.center@dfeh.ca.gov; or In accordance with the California Government Code and ADA requirements, this publication can be made available in Braille, large print, computer disk, or voice recording as a disability-related accommodation for an individual with a disability. To discuss how to receive a copy in an alternative format, please contact the DFEH at the telephone numbers or address above.

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106 For Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont: NEW ENGLAND OFFICE For New Jersey and New York: NEW YORK/NEW JERSEY OFFICE For Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia: MID-ATLANTIC OFFICE For Alabama, the Caribbean, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee: SOUTHEAST/CARIBBEAN OFFICE For Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin: MIDWEST OFFICE For Arkansas, Louisiana, New Mexico, Oklahoma, and Texas: SOUTHWEST OFFICE For Iowa, Kansas, Missouri and Nebraska: GREAT PLAINS OFFICE For Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming: ROCKY MOUNTAINS OFFICE For Arizona, California, Hawaii, and Nevada: PACIFIC/HAWAII OFFICE For Alaska, Idaho, Oregon, and Washington: NORTHWEST/ALASKA OFFICE If after contacting the local office nearest you, you still have questions you may contact HUD further at:

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108 Departamento de Vivienda y Desarrollo Urbano Oficina de Derecho Equitativo a la Vivienda /31/2011

109 Departamento de Vivienda y Desarrollo Urbano Oficina de Derecho Equitativo a la Vivienda Name Address Address City State Zip Code 5 5 / / Signature Date

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112 FAIR HOUSING Equal Opportunity for All U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity Please visit our website:

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114 FAIR HOUSING Equal Opportunity for All Fair Housing Equal Opportunity for All America, in every way, represents equality of opportunity for all persons. The rich diversity of its citizens and the spirit of unity that binds us all symbolize the principles of freedom and justice upon which this nation was founded. That is why it is extremely disturbing when new immigrants, minorities, families with children, and persons with disabilities are denied the housing of their choice because of illegal discrimination. The Department of Housing and Urban Development (HUD) enforces the Fair Housing Act, which prohibits discrimination and the intimidation of people in their homes, apartment buildings, and condominium developments in nearly all housing transactions, including the rental and sale of housing and the provision of mortgage loans. Equal access to rental housing and homeownership opportunities is the cornerstone of this nation s federal housing policy. Housing providers who refuse to rent or sell homes to people based on race, color, national origin, religion, sex, familial status, or disability are violating federal law, and HUD will vigorously pursue enforcement actions against them. Housing discrimination is not only illegal, it contradicts in every way the principles of freedom and opportunity we treasure as Americans. HUD is committed to ensuring that everyone is treated equally when searching for a place to call home. Contents The Fair Housing Act...1 What Housing Is Covered?...1 What Is Prohibited?...1 Additional Protection If You Have A Disability...3 Housing Protection For Families With Children...5 If You Think Your Rights Have Been Violated...6 What Happens When You File A Complaint?...10 What Happens If I m Going To Lose My Housing Through Eviction or Sale?...11 What Happens After A Complaint Investigation?...12 In Addition...14 U.S. Department of Housing and Urban Development (HUD) 451 7th Street, S.W., Washington, D.C i

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116 FAIR HOUSING Equal Opportunity for All The Fair Housing Act The Fair Housing Act prohibits discrimination in housing because of: Race or color National Origin Religion Sex Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18) Disability What Housing is Covered? The Fair Housing Act covers most housing. In some circumstances, the Act exempts 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. What is Prohibited? In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, religion, sex, disability, familial status, or national origin: Refuse to rent or sell housing Refuse to negotiate for housing Make housing unavailable Otherwise deny a dwelling Set different terms, conditions or privileges for sale or rental of a dwelling Provide different housing services or facilities Falsely deny that housing is available for inspection, sale or rental 1

117 FAIR HOUSING Equal Opportunity for All For profit, persuade, or try to persuade homeowners to sell or rent dwellings by suggesting that people of a particular race, etc. have moved, or are about to move into the neighborhood (blockbusting) or Deny any person access to, membership or participation in, any organization, facility or service (such as a multiple listing service) related to the sale or rental of dwellings, or discriminate against any person in the terms or conditions of such access, membership or participation. In Mortgage Lending: No one may take any of the following actions based on race, color, religion, sex, disability, familial status, or national origin: Refuse to make a mortgage loan Refuse to provide information regarding loans Impose different terms or conditions on a loan, such as different interest rates, points, or fees Discriminate in appraising property Refuse to purchase a loan or Set different terms or conditions for purchasing a loan. In addition, it is a violation of the Fair Housing Act to: Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise the right Make, print, or publish any statement, in connection with the sale or rental of a dwelling, which indicates a preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin. This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act Refuse to provide homeowners insurance coverage for a dwelling because of the race, color, religion, sex, disability, familial status, or national origin of the owner and/or occupants of a dwelling Discriminate in the terms or conditions of homeowners insurance coverage because of the race, color, religion, sex, disability, familial status, or national origin of the owner and/or occupants of a dwelling 2

118 FAIR HOUSING Equal Opportunity for All Refuse to provide available information on the full range of homeowners insurance coverage options available because of the race, etc. of the owner and/or occupants of a dwelling Make print or publish any statement, in connection with the provision of homeowners insurance coverage, that indicates a preference, limitation or discrimination based on race, color, religion, sex, disability, familial status or national origin. Additional Protection If You Have a Disability If you or someone associated with you: Have a physical or mental disability (including hearing, mobility and visual impairments, cancer, chronic mental illness, HIV/ AIDS, or mental retardation) that substantially limits one or more major life activities Have a record of such a disability or Are regarded as having such a disability, a housing provider may not: - - Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if it may be necessary for you to fully use the housing. (Where reasonable, a landlord may permit changes only if you agree to restore the property to its original condition when you move.) Refuse to make reasonable accommodations in rules, policies, practices or services if it may be necessary for you to use the housing on an equal basis with nondisabled persons. Example: A building with a no pets policy must allow a visually impaired tenant to keep a guide dog. Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if it may be necessary to assure that she can have access to her apartment. 3

119 FAIR HOUSING Equal Opportunity for All However, the Fair Housing Act does not protect a person who is a direct threat to the health or safety of others or who currently uses illegal drugs. Accessibility Requirements for New Multifamily Buildings: In buildings with four or more units that were first occupied after March 13, 1991, and that have an elevator: Public and common use areas must be accessible to persons with disabilities All doors and hallways must be wide enough for wheelchairs All units must have: - An accessible route into and through the unit - Accessible light switches, electrical outlets, thermostats and other environmental controls - Reinforced bathroom walls to allow later installation of grab bars and - Kitchens and bathrooms that can be used by people in wheelchairs. If a building with four or more units has no elevator and was first occupied after March 13, 1991, these standards apply to ground floor units only. These accessibility requirements for new multifamily buildings do not replace more stringent accessibility standards required under State or local law. Housing Protection for Families with Children 4

120 FAIR HOUSING Equal Opportunity for All The Fair Housing Act makes it unlawful to discriminate against a person whose household includes one or more children who are under 18 years of age (familial status). Familial status protection covers households in which one or more minor children live with: A parent; A person who has legal custody (including guardianship) of a minor child or children; or The designee of a parent or legal custodian, with the written permission of the parent or legal custodian. Familial status protection also extends to pregnant women and any person in the process of securing legal custody of a minor child (including adoptive or foster parents). The Housing for Older Persons Exemption: The Fair Housing Act specifically exempts some senior housing facilities and communities from liability for familial status discrimination. Exempt senior housing facilities or communities can lawfully refuse to sell or rent dwellings to families with minor children. In order to qualify for the housing for older persons exemption, a facility or community must prove that its housing is: Provided under any State or Federal program that HUD has determined to be specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or Intended for, and solely occupied by persons 62 years of age or older; or Intended and operated for occupancy by persons 55 years of age or older. In order to qualify for the 55 or older housing exemption, a facility or community must satisfy each of the following requirements: at least 80 percent of the units must have at least one occupant who is 55 years of age or older; and 5

121 FAIR HOUSING Equal Opportunity for All the facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as 55 or older housing; and the facility or community must comply with HUD s regulatory requirements for age verification of residents. The housing for older persons exemption does not protect senior housing facilities or communities from liability for housing discrimination based on race, color, religion, sex, disability, or national origin. HUD is ready to help with any problem of housing discrimination. If you think your rights have been violated, you may file a complaint online, write a letter or telephone the HUD office nearest you. You have one year after the alleged discrimination occurred or ended to file a complaint with HUD, but you should file it as soon as possible. If You Think your Rights Have Been Violated What to Tell HUD: Your name and address The name and address of the person your complaint is against (the respondent) The address or other identification of the housing involved A short description of the alleged violation (the event that caused you to believe your rights were violated) The date(s) of the alleged violation. Where to Write or Call: File a complaint online, send a letter to the HUD office nearest you, or if you wish, you may call that office directly. Persons who are deaf or hard of hearing and use a TTY, may call those offices through the toll-free Federal Information Relay Service at For Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont: 6

122 FAIR HOUSING Equal Opportunity for All BOSTON REGIONAL OFFICE U.S. Department of Housing and Urban Development Thomas P. O Neill Jr. Federal Building 10 Causeway Street, Room 321 Boston, MA Telephone (617) or Fax (617) * TTY (617) For New Jersey, New York, Puerto Rico and the U.S. Virgin Islands: NEW YORK REGIONAL OFFICE (Complaints_office_02@hud.gov) U.S. Department of Housing and Urban Development 26 Federal Plaza, Room 3532 New York, NY Telephone (212) or Fax (212) * TTY (212) For Delaware, District of Columbia, Maryland, Pennsylvania, Virginia and West Virginia: PHILADELPHIA REGIONAL OFFICE (Complaints_office_03@hud.gov) U.S. Department of Housing and Urban Development The Wanamaker Building 100 Penn Square East Philadelphia, PA Telephone (215) or Fax (215) * TTY (215) For Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee: 7

123 FAIR HOUSING Equal Opportunity for All ATLANTA REGIONAL OFFICE U.S. Department of Housing and Urban Development Five Points Plaza 40 Marietta Street, 16th Floor Atlanta, GA Telephone (404) or x2493 Fax (404) * TTY (404) For Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin: CHICAGO REGIONAL OFFICE (Complaints_office_05@hud.gov) U.S. Department of Housing and Urban Development Ralph H. Metcalfe Federal Building 77 West Jackson Boulevard, Room 2101 Chicago, IL Telephone Fax (312) * TTY (312) For Arkansas, Louisiana, New Mexico, Oklahoma and Texas: FORT WORTH REGIONAL OFFICE (Complaints_office_06@hud.gov) U.S. Department of Housing and Urban Development 801 Cherry Street Suite 2500, Unit #45 Fort Worth, TX Telephone (817) or Fax (817) /5851 * TTY (817) For Iowa, Kansas, Missouri and Nebraska: KANSAS CITY REGIONAL OFFICE 8

124 FAIR HOUSING Equal Opportunity for All U.S. Department of Housing and Urban Development Gateway Tower II 400 State Avenue, Room 200, 4th Floor Kansas City, KS Telephone (913) or Fax (913) * TTY (913) For Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming: DENVER REGIONAL OFFICE (Complaints_office_08@hud.gov) U.S. Department of Housing and Urban Development 1670 Broadway Denver, CO Telephone (303) or Fax (303) * TTY (303) For Arizona, California, Hawaii and Nevada: SAN FRANCISCO REGIONAL OFFICE (Complaints_office_09@hud.gov) U.S. Department of Housing and Urban Development 600 Harrison Street, Third Floor San Francisco, CA Telephone Fax (415) * TTY (415) For Alaska, Idaho, Oregon and Washington: SEATTLE REGIONAL OFFICE (Complaints_office_10@hud.gov) U.S. Department of Housing and Urban Development Seattle Federal Office Building 909 First Avenue, Room 205 Seattle, WA Telephone (206) or Fax (206) * TTY (206)

125 FAIR HOUSING Equal Opportunity for All If after contacting the local office nearest you, you still have questions you may contact HUD further at: U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity 451 7th Street, S.W., Room 5204 Washington, DC Telephone Fax (202) * TTY If You Are Disabled: HUD also provides: A TTY phone for the deaf/hard of hearing users (see above list for the nearest HUD office) Interpreters, Tapes and Braille materials Assistance in reading and completing forms What Happens When You File A Complaint? HUD will notify you in writing when your complaint is accepted for filing under the Fair Housing Act. HUD also will: Notify the alleged violator (respondent) of the filing of your complaint, and allow the respondent time to submit a written answer to the complaint. Investigate your complaint, and determine whether or not there is reasonable cause to believe that the respondent violated the Fair Housing Act. Notify you and the respondent if HUD cannot complete its investigation within 100 days of filing your complaint, and provide reason for the delay. Fair Housing Act Conciliation: During the complaint investigation, HUD is required to offer you and the respondent the opportunity to voluntarily resolve your complaint with a Conciliation Agreement. 10

126 FAIR HOUSING Equal Opportunity for All A Conciliation Agreement provides individual relief to you, and protects the public interest by deterring future discrimination by the respondent. Once you and the respondent sign a Conciliation Agreement, and HUD approves the Agreement, HUD will cease investigating your complaint. If you believe that the respondent has violated breached your Conciliation Agreement, you should promptly notify the HUD Office that investigated your complaint. If HUD determines that there is reasonable cause to believe that the respondent violated the Agreement, HUD will ask the U.S. Department of Justice to file suit against the respondent in Federal District Court to enforce the terms of the Agreement. Complaint Referrals to State or Local Public Fair Housing Agencies: If HUD has certified that your State or local public fair housing agency enforces a civil rights law or ordinance that provides rights, remedies and protections that are substantially equivalent to the Fair Housing Act, HUD must promptly refer your complaint to that agency for investigation, and must promptly notify you of the referral. The State or local agency will investigate your complaint under the substantially equivalent State or local civil rights law or ordinance. The State or local public fair housing agency must start investigating your complaint within 30 days of HUD s referral, or HUD may retrieve ( reactivate ) the complaint for investigation under the Fair Housing Act. What Happens If I m Going to Lose My Housing Through Eviction or Sale? If you need immediate help to stop or prevent a severe problem caused by a Fair Housing Act violation, HUD may be able to assist you as soon as you file a complaint. HUD may authorize the U.S. Department of Justice to file a Motion in Federal District Court for a Temporary Restraining Order (TRO) against the respondent, followed by a Preliminary Injunction pending the outcome of HUD s investigation. A Federal Judge may grant a TRO or a Preliminary Injunction against a respondent in cases where: 11

127 FAIR HOUSING Equal Opportunity for All Irreparable (irreversible) harm or injury to housing rights is likely to occur without HUD s intervention; and There is substantial evidence that the respondent has violated the Fair Housing Act. Example: An owner agrees to sell a house, but, after discovering that the buyers are black, pulls the house off the market, then promptly lists it for sale again. The buyers file a discrimination complaint with HUD. HUD may authorize the U.S. Department of Justice to seek an injunction in Federal District Court to prevent the owner from selling the house to anyone else until HUD investigates the complaint. What Happens After A Complaint Investigation? Determination of Reasonable Cause, Charge of Discrimination, and Election: When your complaint investigation is complete, HUD will prepare a Final Investigative Report summarizing the evidence gathered during the investigation. If HUD determines that there is reasonable cause to believe that the respondent(s) discriminated against you, HUD will issue a Determination of Reasonable Cause and a Charge of Discrimination against the respondent(s). You and the respondent(s) have twenty (20) days after receiving notice of the Charge to decide whether to have your case heard by a HUD Administrative Law Judge (ALJ) or to have a civil trial in Federal District Court. HUD Administrative Law Judge Hearing: If neither you nor the respondent elects to have a Federal civil trial before the 20-day Election Period expires, HUD will promptly schedule a Hearing for your case before a HUD ALJ. The ALJ Hearing will be conducted in the locality where the discrimination allegedly occurred. During the ALJ Hearing, you and the respondent(s) have the right to appear in person, to be represented by legal counsel, to present evidence, to cross-examine witnesses and to request subpoenas in aid of discovery of evidence. HUD attorneys will represent you during the ALJ Hearing at no cost to you; however, you may also 12

128 FAIR HOUSING Equal Opportunity for All choose to intervene in the case and retain your own attorney. At the conclusion of the Hearing, the HUD ALJ will issue a Decision based on findings of fact and conclusions of law. If the HUD ALJ concludes that the respondent(s) violated the Fair Housing Act, the respondent(s) can be ordered to: Compensate you for actual damages, including out-of-pocket expenses and emotional distress damages Provide permanent injunctive relief. Provide appropriate equitable relief (for example, make the housing available to you). Pay your reasonable attorney s fees. Pay a civil penalty to HUD to vindicate the public interest. The maximum civil penalties are: $16,000, for a first violation of the Act; $37,500 if a previous violation has occurred within the preceding five-year period; and $65,000 if two or more previous violations have occurred within the preceding seven-year period. Civil Trial in Federal District Court: If either you or the respondent elects to have a Federal civil trial for your complaint, HUD must refer your case to the U.S. Department of Justice for enforcement. The U.S. Department of Justice will file a civil lawsuit on your behalf in the U.S. District Court in the district in which the discrimination allegedly occurred. You also may choose to intervene in the case and retain your own attorney. Either you or the respondent may request a jury trial, and you each have the right to appear in person, to be represented by legal counsel, to present evidence, to cross-examine witnesses, and to request subpoenas in aid of discovery of evidence. If the Federal Court decides in your favor, a Judge or jury may order the respondent(s) to: Compensate you for actual damages, including out-of-pocket expenses and emotional distress damages Provide permanent injunctive relief. Provide appropriate equitable relief (for example, make the housing available to you). Pay your reasonable attorney s fees. Pay punitive damages to you. 13

129 FAIR HOUSING Equal Opportunity for All Determination of No Reasonable Cause and Dismissal: If HUD finds that there is no reasonable cause to believe that the respondent(s) violated the Act, HUD will dismiss your complaint with a Determination of No Reasonable Cause. HUD will notify you and the respondent(s) of the dismissal by mail, and you may request a copy of the Final Investigative Report. Reconsiderations of No Reasonable Cause Determinations: The Fair Housing Act provides no formal appeal process for complaints dismissed by HUD. However, if your complaint is dismissed with a Determination of No Reasonable Cause, you may submit a written request for a reconsideration review to: Director, FHEO Office of Enforcement, U.S. Department of Housing and Urban Development, 451 7th Street, SW, Room 5206, Washington, DC In Addition You May File a Private Lawsuit: You may file a private civil lawsuit without first filing a complaint with HUD. You must file your lawsuit within two (2) years of the most recent date of alleged discriminatory action. If you do file a complaint with HUD and even if HUD dismisses your complaint, the Fair Housing Act gives you the right to file a private civil lawsuit against the respondent(s) in Federal District Court. The time during which HUD was processing your complaint is not counted in the 2-year filing period. You must file your lawsuit at your own expense; however, if you cannot afford an attorney, the Court may appoint one for you. Even if HUD is still processing your complaint, you may file a private civil lawsuit against the respondent, unless (1) you have already signed a HUD Conciliation Agreement to resolve your HUD complaint; or (2) a HUD Administrative Law Judge has commenced an Administrative Hearing for your complaint. 14

130 FAIR HOUSING Equal Opportunity for All Other Tools to Combat Housing Discrimination: If there is noncompliance with the order of an Administrative Law Judge, HUD may seek temporary relief, enforcement of the order or a restraining order in a United States Court of Appeals. The Attorney General may file a suit in Federal District Court if there is reasonable cause to believe a pattern or practice of housing discrimination is occurring. 15

131 FAIR HOUSING Notes Equal Opportunity for All 16

132 Notes FAIR HOUSING Equal Opportunity for All 17

133 FAIR HOUSING Notes Equal Opportunity for All 18

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135 For Further Information The purpose of this brochure is to summarize your right to fair housing. The Fair Housing Act and HUD s regulations contain more detail and technical information. If you need a copy of the law or regulations, contact the HUD Fair Housing Office nearest you. See the list of HUD Fair Housing Offices on pages CONNECT WITH HUD Department of Housing and Urban Development Room 5204 Washington, DC Please visit our website: HUD FHEO 2011

136 Department of Fair Employment and Housing FAIR HOUSING FACT SHEET Sexual Harassment California Fair Housing Laws Protect You From Sexual Harassment! Under the California Fair Employment and Housing Act, you are entitled to live in an environment free of sexual harassment. A housing provider may not subject you to sexual harassment or retaliate against you for refusing sexual advances or for objecting to other forms of sexual harassment. What is considered sexual harassment under California law? Sexual harassment includes, but is not limited to, the following actions: Comments, epithets, slurs, or jokes of a sexual nature; graphic statements about an individual s body; suggestive or obscene letters, notes, or invitations Leering; making offensive gestures; or displaying offensive or suggestive objects, pictures, cartoons, or posters Unwanted physical touching or assault, as well as impeding or blocking movements Making unwanted verbal sexual advances or propositions Offering certain housing rights or privileges in exchange for sexual favors Threatening or taking adverse action (such as eviction) in retaliation for a negative response to sexual advances What about harassment that is not sexual in nature? California fair housing laws also prohibit housing providers from harassing you or otherwise discriminating against you because of your race, color, religion, sex (gender), sexual orientation, marital status, national origin (including language limitations), ancestry, familial status (households with children under age 18), source of income,disability (mental and physical, including HIV and AIDS), medical condition (cancer/genetic characteristics), or age. The law also covers situations where you are perceived to have these characteristics, or you associate with a person who has, or is believed to have, these characteristics. What should I do if I have been harassed? If you believe you have been illegally harassed, you can explore filing a complaint with the Department of Fair Employment and Housing (DFEH) by taking the following steps within one year of the incident: Contact us in writing or at our toll-free Housing number (800) Provide specific facts about the incident Provide copies of documents that support the charges in your complaint Keep records and documents about the complaint, such as a diary or log of incidents, rent receipts, applications, and other potential proof of discrimination What will DFEH do? If your complaint is accepted, DFEH will conduct an impartial investigation. DFEH is a neutral fact-finder and does not represent you or the parties named in your complaint. DFEH tries to assist both parties to resolve the complaint. Continued

137 If DFEH is unable to resolve the complaint, and there is evidence that indicates a violation of the law, the matter may be litigated by the Department before the Fair Employment and Housing Commission or in civil court. Examples of resolutions could include: Orders to immediately cease the harassment Requirement that the housing provider receive training in laws prohibiting harassment and discrimination to prevent future discrimination Compensation for out-of-pocket expenses and/or emotional distress Other actions to eliminate the effects of discrimination, such as penalties and fines Can I file a lawsuit before or after I file a complaint with DFEH? You have the right to file a lawsuit on your own behalf in a California court within two years of the alleged discriminatory act. It is not necessary to file a complaint with DFEH prior to the filing of a lawsuit. The time that a complaint is pending with DFEH will not count when computing the two-year period. Are there other agencies that can help? Yes. The U. S. Department of Housing and Urban Development (HUD) enforces laws that prohibit harassment and discrimination in housing. HUD also monitors subsidized housing programs. For further information, call (800) , or visit the web site at The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/ tenant relationships, including repairs, safety violations, and Health and Safety Code violations. For further information, call (800) , or visit the web site at The Mobile Home Ombudsperson at the California Department of Housing and Community Development can help with questions or complaints pertaining to mobile homes, including health and safety issues, maintenance issues, and warranty issues. For further information, call (800) , or visit the web site at For more information, contact DFEH toll free at (800) , Oakland area & out-of-state at (510) or 2946, TTY number at (800) , or visit our web site at In accordance with the California Government Code and ADA requirements, this publication can be made available in Braille, large print, computer disk, or tape cassette as a disability-related reasonable accommodation for an individual with a disability. To discuss how to receive a copy of this publication in an alternative format, please contact DFEH at the numbers above. State of California Department of Fair Employment & Housing Oakland Housing Unit 1515 Clay Street, Suite 701 Oakland, CA DFEH-192H (04/04)

138 Department of Fair Employment and Housing FAIR HOUSING FACT SHEET Disability Discrimination California Fair Housing Laws Protect You From Discrimination! The California Fair Employment and Housing Act protects you from illegal discrimination and harassment in housing based on a mental or physical disability. Discrimination includes, but is not limited to, the following actions: Failure to provide reasonable accommodation in rules, policies, practices, or procedures when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling Refusal to permit reasonable modification, at the tenant s expense, when necessary to afford a person with a disability full enjoyment of the premises Failure to design and construct multi-family dwellings in a manner that allows access to and use by persons with disabilities Refusal to rent, lease, or sell housing Discriminatory policies, practices, terms, or conditions that result in unequal access to housing or housingrelated services What is considered a disability under California law? Under California law, a disability is a mental or physical impairment, disorder, or condition that limits a major life activity. The definition of disability includes a diagnosis of HIV/AIDS, as well as medical conditions related to cancer and genetic characteristics. Major life activities include, but are not limited to, physical, mental, and social activities and working. Further, whether a condition or disability limits a major life activity must be determined without respect to any mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. What rights do I have as a tenant with a disability? Persons with disabilities are entitled to be free from harassment and discrimination in all aspects of housing. They also have a right to reasonable accommodation in rules, policies, practices, or services related to housing when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling and are permitted, at their own expense, to modify their dwellings to ensure full enjoyment of the premises. New construction of certain multi-family dwelling units built for first occupancy after March 13, 1991, and ten percent of multi-story dwelling units built after July 1, 2005, are required to include specified accessibility features for persons with disabilities including accessibility to the primary entrance in common areas and in designated units. Multi-family dwelling units and multi-story dwelling units that are required to include the specified accessibility features are those dwelling units that are contained in a building with four or more condominium dwelling units or with three or more rental apartment dwelling units. In buildings with an elevator, all dwelling units must include the specified accessibility features. In buildings without an elevator, only the ground floor units must contain the specified accessibility features. A multi-story dwelling unit is defined as a condominium or rental apartment dwelling unit that contains finished living space on one floor and the floor immediately above or below it. Ten percent of multi-story dwelling units built on or after July 1, 2005, are also required to have an accessible route to the entrance on the primary entry level and at least one accessible bathroom on the primary entry level and in the public and common areas. The multi-family and multi-story dwellings must be designed and constructed to permit access to and use by persons with disabilities and must provide, at a minimum, the following specified accessibility features: Building entrances that are on an accessible route Public and common areas that are readily accessible and usable by persons with disabilities An accessible route into and through the unit Doors, kitchens, and bathrooms designed to allow access, passage and maneuvering by persons using wheelchairs Continued

139 Light switches, electrical outlets, thermostats and other environmental controls in accessible locations Bathroom design that allows installation of safety grab bars around toilets, tubs, or shower stalls and seats What should I do if I believe I have been discriminated against? If you believe you have experienced illegal discrimination or harassment, you can explore filing a complaint with the Department of Fair Employment and Housing (DFEH) by taking the following steps within one year of the incident: Contact DFEH in writing or at our toll-free Housing number (800) Provide specific facts about the incident or situation Provide copies of documents that support the charges in your complaint Keep records and documents about the complaint, such as a diary or log of incidents, rent receipts, applications, and other potential proof of discrimination What will DFEH do? If your complaint is accepted, DFEH will conduct an impartial investigation. DFEH is a neutral fact-finder and does not represent you or the parties named in the complaint. DFEH tries to assist both parties to resolve the complaint. Examples of resolutions could include: Making available the previously denied housing or accommodation Compensation for losses and emotional distress Training and policy changes to prevent future discrimination Other actions to eliminate the effects of discrimination, such as penalties and fines If DFEH is unable to resolve the complaint, and there is sufficient evidence to establish a violation of the law, the matter may be litigated by the Department before the Fair Employment and Housing Commission or in civil court. Can I file a lawsuit before or after I file a complaint with DFEH? You have the right to file a lawsuit on your own behalf in a California court within two years of the alleged discriminatory act. It is not necessary to file a complaint with DFEH prior to the filing of a lawsuit. If you do file with DFEH, the time that a complaint is pending with DFEH will not count when computing the two-year period. Are there other agencies that can help? The U. S. Department of Housing and Urban Development (HUD) enforces federal laws that prohibit discrimination in housing. HUD also monitors subsidized housing programs. For further information, call (800) , or visit the web site at The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/ tenant relationships including repairs, safety violations, and Health and Safety Code violations. For further information, call (800) , or visit the web site at The Mobile Home Ombudsperson at the California Department of Housing and Community Development can help with questions or complaints pertaining to mobile homes, including health and safety issues, maintenance issues, and warranty issues. For further information, call (800) , or visit the web site at For more information, contact DFEH toll free at (800) , Oakland area & out-of-state at (510) or 2946, TTY number at (800) , or visit our web site at In accordance with the California Government Code and ADA requirements, this publication can be made available in Braille, large print, computer disk, or tape cassette as a disability-related reasonable accommodation for an individual with a disability. To discuss how to receive a copy of this publication in an alternative format, please contact DFEH at the numbers above. State of California Department of Fair Employment & Housing Oakland Housing Unit 1515 Clay Street, Suite 701 Oakland, CA DFEH-193H (04/04)

140 FAIR HOUSING ACT (as amended) (Title VIII of the 1968 Civil Rights Act) Sec [42 U.S.C note] Short Title This title may be cited as the "Fair Housing Act". Sec [42 U.S.C. 3601] Declaration of Policy It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States. Sec [42 U.S.C. 3602] Definitions As used in this subchapter-- (a) "Secretary" means the Secretary of Housing and Urban Development. (b) "Dwelling" means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (c) "Family" includes a single individual. (d) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11 [of the United States Code], receivers, and fiduciaries. (e) "To rent" includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (f) "Discriminatory housing practice" means an act that is unlawful under section 804, 805, 806, or 818 of this title. (g) "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States. (h) "Handicap" means, with respect to a person-- (1) a physical or mental impairment which substantially limits one or more of such 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 section 102 of the Controlled Substances Act (21 U.S.C. 802)). (i) "Aggrieved person" includes any person who-- (1) claims to have been injured by a discriminatory housing practice; or (2) believes that such person will be injured by a discriminatory housing practice that is about to occur. (j) "Complainant" means the person (including the Secretary) who files a complaint under section 810. (k) "Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with-- (1) a parent or another person having legal custody of such individual or individuals; or 1

141 (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. (l) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary. (m) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation. (n) "Respondent" means-- (1) the person or other entity accused in a complaint of an unfair housing practice; and (2) any other person or entity identified in the course of investigation and notified as required with respect to respondents so identified under section 810(a). (o) "Prevailing party" has the same meaning as such term has in section 722 of the Revised Statutes of the United States (42 U.S.C. 1988). [42 U.S.C note] Neither the term "individual with handicaps" nor the term "handicap" shall apply to an individual solely because that individual is a transvestite. Sec [42 U.S.C. 3603] Effective dates of certain prohibitions (a) Subject to the provisions of subsection (b) of this section and section 807 of this title, the prohibitions against discrimination in the sale or rental of housing set forth in section 804 of this title shall apply: (1) Upon enactment of this subchapter, to-- (A) dwellings owned or operated by the Federal Government; (B) dwellings provided in whole or in part with the aid of loans, advances, grants, or contributions made by the Federal Government, under agreements entered into after November 20, 1962, unless payment due thereon has been made in full prior to April 11, 1968; (C) dwellings provided in whole or in part by loans insured, guaranteed, or otherwise secured by the credit of the Federal Government, under agreements entered into after November 20, 1962, unless payment thereon has been made in full prior to April 11, 1968: Provided, That nothing contained in subparagraphs (B) and (C) of this subsection shall be applicable to dwellings solely by virtue of the fact that they are subject to mortgages held by an FDIC or FSLIC institution; and (D) dwellings provided by the development or the redevelopment of real property purchased, rented, or otherwise obtained from a State or local public agency receiving Federal financial assistance for slum clearance or urban renewal with respect to such real property under loan or grant contracts entered into after November 20, (2) After December 31, 1968, to all dwellings covered by paragraph (1) and to all other dwellings except as exempted by subsection (b) of this section. (b)nothing in section 804 of this title (other than subsection (c)) shall apply to-- 2

142 (1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such singlefamily house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 804(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or (2)rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (c)for the purposes of subsection (b) of this section, a person shall be deemed to be in the business of selling or renting dwellings if-- (1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or (2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or (3) he is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. Sec [42 U.S.C. 3604] Discrimination in sale or rental of housing and other prohibited practices As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful-- (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin. 3

143 (b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin. (c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination. (d) To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. (e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin. (f) (1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of-- (A) that buyer or renter, (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter. (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of-- (A) that person; or (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that person. (3) For purposes of this subsection, discrimination includes-- (A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. (B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or (C) in connection with the design and construction of covered multifamily dwellings for first occupancy after the date that is 30 months after the date of enactment of the Fair Housing Amendments Act of 1988, a failure to design and construct those dwelling in such a manner that-- 4

144 (i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; (ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and (iii) all premises within such dwellings contain the following features of adaptive design: (I) an accessible route into and through the dwelling; (II) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (III) reinforcements in bathroom walls to allow later installation of grab bars; and (IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. (4) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of paragraph (3)(C)(iii). (5) (A) If a State or unit of general local government has incorporated into its laws the requirements set forth in paragraph (3)(C), compliance with such laws shall be deemed to satisfy the requirements of that paragraph. (B) A State or unit of general local government may review and approve newly constructed covered multifamily dwellings for the purpose of making determinations as to whether the design and construction requirements of paragraph (3)(C) are met. (C) The Secretary shall encourage, but may not require, States and units of local government to include in their existing procedures for the review and approval of newly constructed covered multifamily dwellings, determinations as to whether the design and construction of such dwellings are consistent with paragraph (3)(C), and shall provide technical assistance to States and units of local government and other persons to implement the requirements of paragraph (3)(C). (D) Nothing in this title shall be construed to require the Secretary to review or approve the plans, designs or construction of all covered multifamily dwellings, to determine whether the design and construction of such dwellings are consistent with the requirements of paragraph 3(C). (6) (A) Nothing in paragraph (5) shall be construed to affect the authority and responsibility of the Secretary or a State or local public agency certified pursuant to section 810(f)(3) of this Act to receive and process complaints or otherwise engage in enforcement activities under this title. (B) Determinations by a State or a unit of general local government under paragraphs (5)(A) and (B) shall not be conclusive in enforcement proceedings under this title. (7) As used in this subsection, the term "covered multifamily dwellings" means-- 5

145 (A) buildings consisting of 4 or more units if such buildings have one or more elevators; and (B) ground floor units in other buildings consisting of 4 or more units. (8) Nothing in this title shall be construed to invalidate or limit any law of a State or political subdivision of a State, or other jurisdiction in which this title shall be effective, that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this title. (9) Nothing in this subsection requires that a dwelling be made available to an individual 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. Sec [42 U.S.C. 3605] Discrimination in Residential Real Estate-Related Transactions (a) In General.--It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin. (b) Definition.--As used in this section, the term "residential real estate-related transaction" means any of the following: (1) The making or purchasing of loans or providing other financial assistance-- (A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or (B) secured by residential real estate. (2) The selling, brokering, or appraising of residential real property. (c) Appraisal Exemption.--Nothing in this title prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status. Sec [42 U.S.C. 3606] Discrimination in provision of brokerage services After December 31, 1968, it shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status, or national origin. Sec [42 U.S.C. 3607] Religious organization or private club exemption (a) Nothing in this subchapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this subchapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting 6

146 the rental or occupancy of such lodgings to its members or from giving preference to its members. (b) (1) Nothing in this title limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor does any provision in this title regarding familial status apply with respect to housing for older persons. (2) As used in this section "housing for older persons" means housing -- (A) provided under any State or Federal program that the Secretary determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or (B) intended for, and solely occupied by, persons 62 years of age or older; or (C) intended and operated for occupancy by persons 55 years of age or older, and-- (i) at least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older; (ii) the housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and (iii) the housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall-- (I) provide for verification by reliable surveys and affidavits; and (II) include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause (ii). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. (3) Housing shall not fail to meet the requirements for housing for older persons by reason of: (A) persons residing in such housing as of the date of enactment of this Act who do not meet the age requirements of subsections (2)(B) or (C): Provided, That new occupants of such housing meet the age requirements of sections (2)(B) or (C); or (B) unoccupied units: Provided, That such units are reserved for occupancy by persons who meet the age requirements of subsections (2)(B) or (C). (4) Nothing in this title prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). (5) (A) A person shall not be held personally liable for monetary damages for a violation of this title if such person reasonably relied, in good faith, on 7

147 the application of the exemption under this subsection relating to housing for older persons. (B) For the purposes of this paragraph, a person may only show good faith reliance on the application of the exemption by showing that-- (i) such person has no actual knowledge that the facility or community is not, or will not be, eligible for such exemption; and (ii) the facility or community has stated formally, in writing, that the facility or community complies with the requirements for such exemption. Sec [42 U.S.C. 3608] Administration (a) Authority and responsibility The authority and responsibility for administering this Act shall be in the Secretary of Housing and Urban Development. (b) Assistant Secretary The Department of Housing and Urban Development shall be provided an additional Assistant Secretary. (c) Delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review The Secretary may delegate any of his functions, duties and power to employees of the Department of Housing and Urban Development or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this subchapter. The person to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the Department of Housing and Urban Development in compliance with sections 3105, 3344, 5372, and 7521 of title 5 [of the United States Code]. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. The Secretary shall by rule prescribe such rights of appeal from the decisions of his administrative law judges to other administrative law judges or to other officers in the Department, to boards of officers or to himself, as shall be appropriate and in accordance with law. (d) Cooperation of Secretary and executive departments and agencies in administration of housing and urban development programs and activities to further fair housing purposes All executive departments and agencies shall administer their programs and activities relating to housing and urban development (including any Federal agency having regulatory or supervisory authority over financial institutions) in a manner affirmatively to further the purposes of this subchapter and shall cooperate with the Secretary to further such purposes. (e) Functions of Secretary The Secretary of Housing and Urban Development shall-- (1) make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the United States; (2) publish and disseminate reports, recommendations, and information derived from such studies, including an annual report to the Congress-- 8

148 (A) specifying the nature and extent of progress made nationally in eliminating discriminatory housing practices and furthering the purposes of this title, obstacles remaining to achieving equal housing opportunity, and recommendations for further legislative or executive action; and (B) containing tabulations of the number of instances (and the reasons therefor) in the preceding year in which-- (i) investigations are not completed as required by section 810(a)(1)(B); (ii) determinations are not made within the time specified in section 810(g); and (iii) hearings are not commenced or findings and conclusions are not made as required by section 812(g); (3) cooperate with and render technical assistance to Federal, State, local, and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices; (4) cooperate with and render such technical and other assistance to the Community Relations Service as may be appropriate to further its activities in preventing or eliminating discriminatory housing practices; (5) administer the programs and activities relating to housing and urban development in a manner affirmatively to further the policies of this subchapter; and (6) annually report to the Congress, and make available to the public, data on the race, color, religion, sex, national origin, age, handicap, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of, programs administered by the Department to the extent such characteristics are within the coverage of the provisions of law and Executive orders referred to in subsection (f) which apply to such programs (and in order to develop the data to be included and made available to the public under this subsection, the Secretary shall, without regard to any other provision of law, collect such information relating to those characteristics as the Secretary determines to be necessary or appropriate). (f) The provisions of law and Executive orders to which subsection (e)(6) applies are-- (1) title VI of the Civil Rights Act of 1964; (2) title VIII of the Civil Rights Act of 1968; (3) section 504 of the Rehabilitation Act of 1973; (4) the Age Discrimination Act of 1975; (5) the Equal Credit Opportunity Act; (6) section 1978 of the Revised Statutes (42 U.S.C. 1982); (7) section 8(a) of the Small Business Act; (8) section 527 of the National Housing Act; (9) section 109 of the Housing and Community Development Act of 1974; (10) section 3 of the Housing and Urban Development Act of 1968; (11) Executive Orders 11063, 11246, 11625, 12250, 12259, and 12432; and (12) any other provision of law which the Secretary specifies by publication in the Federal Register for the purpose of this subsection. 9

149 Sec. 808a. [42 U.S.C. 3608a] Collection of certain data (a) In general To assess the extent of compliance with Federal fair housing requirements (including the requirements established under title VI of Public Law [42 U.S.C.A. {2000d et seq.] and title VIII of Public Law [42 U.S.C.A. {3601 et seq.]), the Secretary of Housing and Urban Development and the Secretary of Agriculture shall each collect, not less than annually, data on the racial and ethnic characteristics of persons eligible for, assisted, or otherwise benefiting under each community development, housing assistance, and mortgage and loan insurance and guarantee program administered by such Secretary. Such data shall be collected on a building by building basis if the Secretary involved determines such collection to be appropriate. (b) Reports to Congress The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each include in the annual report of such Secretary to the Congress a summary and evaluation of the data collected by such Secretary under subsection (a) of this section during the preceding year. Sec [42 U.S.C. 3609] Education and conciliation; conferences and consultations; reports Immediately after April 11, 1968, the Secretary shall commence such educational and conciliatory activities as in his judgment will further the purposes of this subchapter. He shall call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this subchapter and his suggested means of implementing it, and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. He may pay per diem, travel, and transportation expenses for persons attending such conferences as provided in section 5703 of Title 5. He shall consult with State and local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in their State or locality, and whether and how State or local enforcement programs might be utilized to combat such discrimination in connection with or in place of, the Secretary's enforcement of this subchapter. The Secretary shall issue reports on such conferences and consultations as he deems appropriate. Sec [42 U.S.C. 3610] Administrative Enforcement; Preliminary Matters (a) Complaints and Answers. -- (1) (A) (i) An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary alleging such discriminatory housing practice. The Secretary, on the Secretary's own initiative, may also file such a complaint. (ii) Such complaints shall be in writing and shall contain such information and be in such form as the Secretary requires. 10

150 (iii) The Secretary may also investigate housing practices to determine whether a complaint should be brought under this section. (B) Upon the filing of such a complaint-- (i) the Secretary shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this title; (ii) the Secretary shall, not later than 10 days after such filing or the identification of an additional respondent under paragraph (2), serve on the respondent a notice identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this title, together with a copy of the original complaint; (iii) each respondent may file, not later than 10 days after receipt of notice from the Secretary, an answer to such complaint; and (iv) the Secretary shall make an investigation of the alleged discriminatory housing practice and complete such investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), unless it is impracticable to do so. (C) If the Secretary is unable to complete the investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), the Secretary shall notify the complainant and respondent in writing of the reasons for not doing so. (D) Complaints and answers shall be under oath or affirmation, and may be reasonably and fairly amended at any time. (2) (A) A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation, may be joined as an additional or substitute respondent upon written notice, under paragraph (1), to such person, from the Secretary. (B) Such notice, in addition to meeting the requirements of paragraph (1), shall explain the basis for the Secretary's belief that the person to whom the notice is addressed is properly joined as a respondent. (b) Investigative Report and Conciliation. -- (1) During the period beginning with the filing of such complaint and ending with the filing of a charge or a dismissal by the Secretary, the Secretary shall, to the extent feasible, engage in conciliation with respect to such complaint. (2) A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Secretary. (3) A conciliation agreement may provide for binding arbitration of the dispute arising from the complaint. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief. 11

151 (4) Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the Secretary determines that disclosure is not required to further the purposes of this title. (5) (A) At the end of each investigation under this section, the Secretary shall prepare a final investigative report containing-- (i) the names and dates of contacts with witnesses; (ii) a summary and the dates of correspondence and other contacts with the aggrieved person and the respondent; (iii) a summary description of other pertinent records; (iv) a summary of witness statements; and (v) answers to interrogatories. (B) A final report under this paragraph may be amended if additional evidence is later discovered. (c) Failure to Comply With Conciliation Agreement. -- Whenever the Secretary has reasonable cause to believe that a respondent has breached a conciliation agreement, the Secretary shall refer the matter to the Attorney General with a recommendation that a civil action be filed under section 814 for the enforcement of such agreement. (d) Prohibitions and Requirements With Respect to Disclosure of Information. -- (1) Nothing said or done in the course of conciliation under this title may be made public or used as evidence in a subsequent proceeding under this title without the written consent of the persons concerned. (2) Notwithstanding paragraph (1), the Secretary shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the Secretary's investigation, information derived from an investigation and any final investigative report relating to that investigation. (e) Prompt Judicial Action. -- (1) If the Secretary concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this title, the Secretary may authorize a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint under this section. Upon receipt of such authorization, the Attorney General shall promptly commence and maintain such an action. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Federal Rules of Civil Procedure. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this section and section 812 of this title. (2) Whenever the Secretary has reason to believe that a basis may exist for the commencement of proceedings against any respondent under section 814(a) and 814(c) or for proceedings by any governmental licensing or supervisory authorities, the Secretary shall transmit the information upon which such belief is based to the Attorney General, or to such authorities, as the case may be. (f) Referral for State or Local Proceedings. -- (1) Whenever a complaint alleges a discriminatory housing practice-- (A) within the jurisdiction of a State or local public agency; and 12

152 (B) as to which such agency has been certified by the Secretary under this subsection; the Secretary shall refer such complaint to that certified agency before taking any action with respect to such complaint. (2) Except with the consent of such certified agency, the Secretary, after that referral is made, shall take no further action with respect to such complaint unless-- (A) the certified agency has failed to commence proceedings with respect to the complaint before the end of the 30th day after the date of such referral; (B) the certified agency, having so commenced such proceedings, fails to carry forward such proceedings with reasonable promptness; or (C) the Secretary determines that the certified agency no longer qualifies for certification under this subsection with respect to the relevant jurisdiction. (3) (A) The Secretary may certify an agency under this subsection only if the Secretary determines that-- (i) the substantive rights protected by such agency in the jurisdiction with respect to which certification is to be made; (ii) the procedures followed by such agency; (iii) the remedies available to such agency; and (iv) the availability of judicial review of such agency's action; are substantially equivalent to those created by and under this title. (B) Before making such certification, the Secretary shall take into account the current practices and past performance, if any, of such agency. (4) During the period which begins on the date of the enactment of the Fair Housing Amendments Act of 1988 and ends 40 months after such date, each agency certified (including an agency certified for interim referrals pursuant to 24 CFR , unless such agency is subsequently denied recognition under 24 CFR 115.7) for the purposes of this title on the day before such date shall for the purposes of this subsection be considered certified under this subsection with respect to those matters for which such agency was certified on that date. If the Secretary determines in an individual case that an agency has not been able to meet the certification requirements within this 40-month period due to exceptional circumstances, such as the infrequency of legislative sessions in that jurisdiction, the Secretary may extend such period by not more than 8 months. (5) Not less frequently than every 5 years, the Secretary shall determine whether each agency certified under this subsection continues to qualify for certification. The Secretary shall take appropriate action with respect to any agency not so qualifying. (g) Reasonable Cause Determination and Effect. -- (1) The Secretary shall, within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), determine based on the facts whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, unless it is 13

153 impracticable to do so, or unless the Secretary has approved a conciliation agreement with respect to the complaint. If the Secretary is unable to make the determination within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), the Secretary shall notify the complainant and respondent in writing of the reasons for not doing so. (2) (A) If the Secretary determines that reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Secretary shall, except as provided in subparagraph (C), immediately issue a charge on behalf of the aggrieved person, for further proceedings under section 812. (B) Such charge-- (i) shall consist of a short and plain statement of the facts upon which the Secretary has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur; (ii) shall be based on the final investigative report; and (iii) need not be limited to the facts or grounds alleged in the complaint filed under section 810(a). (C) If the Secretary determines that the matter involves the legality of any State or local zoning or other land use law or ordinance, the Secretary shall immediately refer the matter to the Attorney General for appropriate action under section 814, instead of issuing such charge. (3) If the Secretary determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Secretary shall promptly dismiss the complaint. The Secretary shall make public disclosure of each such dismissal. (4) The Secretary may not issue a charge under this section regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a State law, seeking relief with respect to that discriminatory housing practice. (h) Service of Copies of Charge. -- After the Secretary issues a charge under this section, the Secretary shall cause a copy thereof, together with information as to how to make an election under section 812(a) and the effect of such an election, to be served-- (1) on each respondent named in such charge, together with a notice of opportunity for a hearing at a time and place specified in the notice, unless that election is made; and (2) on each aggrieved person on whose behalf the complaint was filed. Sec [42 U.S.C. 3611] Subpoenas; Giving of Evidence (a) In General. -- The Secretary may, in accordance with this subsection, issue subpoenas and order discovery in aid of investigations and hearings under this title. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or discovery were ordered or served in aid of a civil action in the United States district court for the district in which the investigation is taking place. 14

154 (b) Witness Fees. -- Witnesses summoned by a subpoena under this title shall be entitled to same witness and mileage fees as witnesses in proceedings in United States district courts. Fees payable to a witness summoned by a subpoena issued at the request of a party shall be paid by that party or, where a party is unable to pay the fees, by the Secretary. (c) Criminal Penalties. -- (1) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in such person's power to do so, in obedience to the subpoena or other lawful order under subsection (a), shall be fined not more than $100,000 or imprisoned not more than one year, or both. (2) Any person who, with intent thereby to mislead another person in any proceeding under this title-- (A) makes or causes to be made any false entry or statement of fact in any report, account, record, or other document produced pursuant to subpoena or other lawful order under subsection (a); (B) willfully neglects or fails to make or to cause to be made full, true, and correct entries in such reports, accounts, records, or other documents; or (C) willfully mutilates, alters, or by any other means falsifies any documentary evidence; shall be fined not more than $100,000 or imprisoned not more than one year, or both. Sec [42 U.S.C. 3612] Enforcement by Secretary (a) Election of Judicial Determination. -- When a charge is filed under section 810, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed, may elect to have the claims asserted in that charge decided in a civil action under subsection (o) in lieu of a hearing under subsection (b). The election must be made not later than 20 days after the receipt by the electing person of service under section 810(h) or, in the case of the Secretary, not later than 20 days after such service. The person making such election shall give notice of doing so to the Secretary and to all other complainants and respondents to whom the charge relates. (b) Administrative Law Judge Hearing in Absence of Election. -- If an election is not made under subsection (a) with respect to a charge filed under section 810, the Secretary shall provide an opportunity for a hearing on the record with respect to a charge issued under section 810. The Secretary shall delegate the conduct of a hearing under this section to an administrative law judge appointed under section 3105 of title 5, United States Code. The administrative law judge shall conduct the hearing at a place in the vicinity in which the discriminatory housing practice is alleged to have occurred or to be about to occur. (c) Rights of Parties. -- At a hearing under this section, each party may appear in person, be represented by counsel, present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under section 811. Any aggrieved person may intervene as a party in the proceeding. The Federal Rules of Evidence apply to the presentation of evidence in such hearing as they would in a civil action in a United States district court. (d) Expedited Discovery and Hearing

155 (1) Discovery in administrative proceedings under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence. (2) A hearing under this section shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record. (3) The Secretary shall, not later than 180 days after the date of enactment of this subsection, issue rules to implement this subsection. (e) Resolution of Charge. -- Any resolution of a charge before a final order under this section shall require the consent of the aggrieved person on whose behalf the charge is issued. (f) Effect of Trial of Civil Action on Administrative Proceedings. -- An administrative law judge may not continue administrative proceedings under this section regarding any alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved party under an Act of Congress or a State law, seeking relief with respect to that discriminatory housing practice. (g) Hearings, Findings and Conclusions, and Order. -- ( (1) The administrative law judge shall commence the hearing under this section no later than 120 days following the issuance of the charge, unless it is impracticable to do so. If the administrative law judge is unable to commence the hearing within 120 days after the issuance of the charge, the administrative law judge shall notify the Secretary, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing of the reasons for not doing so. (2) The administrative law judge shall make findings of fact and conclusions of law within 60 days after the end of the hearing under this section, unless it is impracticable to do so. If the administrative law judge is unable to make findings of fact and conclusions of law within such period, or any succeeding 60-day period thereafter, the administrative law judge shall notify the Secretary, the aggrieved person on whose behalf the charge was filed, and the respondent, in writing of the reasons for not doing so. (3) If the administrative law judge finds that a respondent has engaged or is about to engage in a discriminatory housing practice, such administrative law judge shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent-- (A) in an amount not exceeding $11,000 if the respondent has not been adjudged to have committed any prior discriminatory housing practice; (B) in an amount not exceeding $27,500 if the respondent has been adjudged to have committed one other discriminatory housing practice during the 5-year period ending on the date of the filing of this charge; and (C) in an amount not exceeding $55,000 if the respondent has been adjudged to have committed 2 or more discriminatory housing practices during the 7-year period ending on the date of the filing of this charge; except that if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged 16

156 to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subparagraphs (B) and (C) may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred. (4) No such order shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this title. (5) In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a governmental agency, the Secretary shall, not later than 30 days after the date of the issuance of such order (or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon such review)-- (A) send copies of the findings of fact, conclusions of law, and the order, to that governmental agency; and (B) recommend to that governmental agency appropriate disciplinary action (including, where appropriate, the suspension or revocation of the license of the respondent). (6) In the case of an order against a respondent against whom another order was issued within the preceding 5 years under this section, the Secretary shall send a copy of each such order to the Attorney General. (7) If the administrative law judge finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, such administrative law judge shall enter an order dismissing the charge. The Secretary shall make public disclosure of each such dismissal. (h) Review by Secretary; Service of Final Order. -- (1) The Secretary may review any finding, conclusion, or order issued under subsection (g). Such review shall be completed not later than 30 days after the finding, conclusion, or order is so issued; otherwise the finding, conclusion, or order becomes final. (2) The Secretary shall cause the findings of fact and conclusions of law made with respect to any final order for relief under this section, together with a copy of such order, to be served on each aggrieved person and each respondent in the proceeding. (i) Judicial Review. -- (1) Any party aggrieved by a final order for relief under this section granting or denying in whole or in part the relief sought may obtain a review of such order under chapter 158 of title 28, United States Code. (2) Notwithstanding such chapter, venue of the proceeding shall be in the judicial circuit in which the discriminatory housing practice is alleged to have occurred, and filing of the petition for review shall be not later than 30 days after the order is entered. (j) Court Enforcement of Administrative Order Upon Petition by Secretary. -- (1) The Secretary may petition any United States court of appeals for the circuit in which the discriminatory housing practice is alleged to have occurred or in which any respondent resides or transacts business for the enforcement of the order of the administrative law judge and for appropriate temporary relief or restraining 17

157 order, by filing in such court a written petition praying that such order be enforced and for appropriate temporary relief or restraining order. (2) The Secretary shall file in court with the petition the record in the proceeding. A copy of such petition shall be forthwith transmitted by the clerk of the court to the parties to the proceeding before the administrative law judge. (k) Relief Which May Be Granted. -- (1) Upon the filing of a petition under subsection (i) or (j), the court may-- (A) grant to the petitioner, or any other party, such temporary relief, restraining order, or other order as the court deems just and proper; (B) affirm, modify, or set aside, in whole or in part, the order, or remand the order for further proceedings; and (C) enforce such order to the extent that such order is affirmed or modified. (2) Any party to the proceeding before the administrative law judge may intervene in the court of appeals. (3) No objection not made before the administrative law judge shall be considered by the court, unless the failure or neglect to urge such objection is excused because of extraordinary circumstances. (l) Enforcement Decree in Absence of Petition for Review. -- If no petition for review is filed under subsection (i) before the expiration of 45 days after the date the administrative law judge's order is entered, the administrative law judge's findings of fact and order shall be conclusive in connection with any petition for enforcement-- (1) which is filed by the Secretary under subsection (j) after the end of such day; or (2) under subsection (m). (m) Court Enforcement of Administrative Order Upon Petition of Any Person Entitled to Relief. -- If before the expiration of 60 days after the date the administrative law judge's order is entered, no petition for review has been filed under subsection (i), and the Secretary has not sought enforcement of the order under subsection (j), any person entitled to relief under the order may petition for a decree enforcing the order in the United States court of appeals for the circuit in which the discriminatory housing practice is alleged to have occurred. (n) Entry of Decree. -- The clerk of the court of appeals in which a petition for enforcement is filed under subsection (1) or (m) shall forthwith enter a decree enforcing the order and shall transmit a copy of such decree to the Secretary, the respondent named in the petition, and to any other parties to the proceeding before the administrative law judge. (o) Civil Action for Enforcement When Election Is Made for Such Civil Action. -- (1) If an election is made under subsection (a), the Secretary shall authorize, and not later than 30 days after the election is made the Attorney General shall commence and maintain, a civil action on behalf of the aggrieved person in a United States district court seeking relief under this subsection. Venue for such civil action shall be determined under chapter 87 of title 28, United States Code. (2) Any aggrieved person with respect to the issues to be determined in a civil action under this subsection may intervene as of right in that civil action. 18

158 (3) In a civil action under this subsection, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant as relief any relief which a court could grant with respect to such discriminatory housing practice in a civil action under section 813. Any relief so granted that would accrue to an aggrieved person in a civil action commenced by that aggrieved person under section 813 shall also accrue to that aggrieved person in a civil action under this subsection. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court. (p) Attorney's Fees. -- In any administrative proceeding brought under this section, or any court proceeding arising therefrom, or any civil action under section 812, the administrative law judge or the court, as the case may be, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 504 of title 5, United States Code, or by section 2412 of title 28, United States Code. Sec [42 U.S.C. 3613] Enforcement by Private Persons (a) Civil Action. -- (1) (A) An aggrieved person may commence a civil action in an appropriate United States district court or State court not later than 2 years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this title, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach. (B) The computation of such 2-year period shall not include any time during which an administrative proceeding under this title was pending with respect to a complaint or charge under this title based upon such discriminatory housing practice. This subparagraph does not apply to actions arising from a breach of a conciliation agreement. (2) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under section 810(a) and without regard to the status of any such complaint, but if the Secretary or a State or local agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement. (3) An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the Secretary if an administrative law judge has commenced a hearing on the record under this title with respect to such charge. (b) Appointment of Attorney by Court. -- Upon application by a person alleging a discriminatory housing practice or a person against whom such a practice is alleged, the court may-- (1) appoint an attorney for such person; or 19

159 (2) authorize the commencement or continuation of a civil action under subsection (a) without the payment of fees, costs, or security, if in the opinion of the court such person is financially unable to bear the costs of such action. (c) Relief Which May Be Granted. -- (1) In a civil action under subsection (a), if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages, and subject to subsection (d), may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate). (2) In a civil action under subsection (a), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. The United States shall be liable for such fees and costs to the same extent as a private person. (d) Effect on Certain Sales, Encumbrances, and Rentals. -- Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of a complaint with the Secretary or civil action under this title. (e) Intervention by Attorney General. -- Upon timely application, the Attorney General may intervene in such civil action, if the Attorney General certifies that the case is of general public importance. Upon such intervention the Attorney General may obtain such relief as would be available to the Attorney General under section 814(e) in a civil action to which such section applies. Sec [42 U.S.C. 3614] Enforcement by the Attorney General (a) Pattern or Practice Cases. -- Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this title, or that any group of persons has been denied any of the rights granted by this title and such denial raises an issue of general public importance, the Attorney General may commence a civil action in any appropriate United States district court. (b) On Referral of Discriminatory Housing Practice or Conciliation Agreement for Enforcement. -- (1) (A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to a discriminatory housing practice referred to the Attorney General by the Secretary under section 810(g). (B) A civil action under this paragraph may be commenced not later than the expiration of 18 months after the date of the occurrence or the termination of the alleged discriminatory housing practice. (2) (A) The Attorney General may commence a civil action in any appropriate United States district court for appropriate relief with respect to breach of 20

160 a conciliation agreement referred to the Attorney General by the Secretary under section 810(c). (B) A civil action may be commenced under this paragraph not later than the expiration of 90 days after the referral of the alleged breach under section 810(c). (c) Enforcement of Subpoenas. -- The Attorney General, on behalf of the Secretary, or other party at whose request a subpoena is issued, under this title, may enforce such subpoena in appropriate proceedings in the United States district court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business. (d) Relief Which May Be Granted in Civil Actions Under Subsections (a) and (b). -- (1) In a civil action under subsection (a) or (b), the court-- (A) may award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this title as is necessary to assure the full enjoyment of the rights granted by this title; (B) may award such other relief as the court deems appropriate, including monetary damages to persons aggrieved; and (C) may, to vindicate the public interest, assess a civil penalty against the respondent-- (i) in an amount not exceeding $55,000, for a first violation; and (ii) in an amount not exceeding $110,000, for any subsequent violation. (2) In a civil action under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 2412 of title 28, United States Code. (e) Intervention in Civil Actions. -- Upon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection (a) or (b) which involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under section 813. Sec. 814a. Incentives for Self-Testing and Self-Correction (a) Privileged Information. -- (1) Conditions For Privilege. -- A report or result of a self-test (as that term is defined by regulation of the Secretary) shall be considered to be privileged under paragraph (2) if any person- (A) conducts, or authorizes an independent third party to conduct, a selftest of any aspect of a residential real estate related lending transaction of that person, or any part of that transaction, in order to determine the level or effectiveness of compliance with this title by that person; and (B) has identified any possible violation of this title by that person and has taken, or is taking, appropriate corrective action to address any such possible violation. 21

161 (2) Privileged Self-Test. -- If a person meets the conditions specified in subparagraphs (A) and (B) of paragraph (1) with respect to a self-test described in that paragraph, any report or results of that self-test- (A) shall be privileged; and (B) may not be obtained or used by any applicant, department, or agency in any -- (i) proceeding or civil action in which one or more violations of this title are alleged; or (ii) examination or investigation relating to compliance with this title. (b) Results of Self-Testing. -- (1) In General. -- No provision of this section may be construed to prevent an aggrieved person, complainant, department, or agency from obtaining or using a report or results of any self-test in any proceeding or civil action in which a violation of this title is alleged, or in any examination or investigation of compliance with this title if -- (A) the person to whom the self-test relates or any person with lawful access to the report or the results -- (i) voluntarily releases or discloses all, or any part of, the report or results to the aggrieved person, complainant, department, or agency, or to the general public; or (ii) refers to or describes the report or results as a defense to charges of violations of this title against the person to whom the self-test relates; or (B) the report or results are sought in conjunction with an adjudication or admission of a violation of this title for the sole purpose of determining an appropriate penalty or remedy. (2) Disclosure for Determination of Penalty or Remedy. -- Any report or results of a self-test that are disclosed for the purpose specified in paragraph (1)(B) -- (A) shall be used only for the particular proceeding in which the adjudication or admission referred to in paragraph (1)(B) is made; and (B) may not be used in any other action or proceeding. (c) Adjudication. -- An aggrieved person, complainant, department, or agency that challenges a privilege asserted under this section may seek a determination of the existence and application of that privilege in -- (1) a court of competent jurisdiction; or (2) an administrative law proceeding with appropriate jurisdiction. (2) Regulations. -- (A) In General. -- Not later than 6 months after the date of enactment of this Act, in consultation with the Board and after providing notice and an opportunity for public comment, the Secretary of Housing and Urban Development shall prescribe final regulations to implement section 814A of the Fair Housing Act, as added by this section. (B) Self-Test. -- (i) Definition. -- The regulations prescribed by the Secretary under subparagraph (A) shall include a definition of the term "self-test" 22

162 for purposes of section 814A of the Fair Housing Act, as added by this section. (ii) Requirement for Self-Test. -- The regulations prescribed by the Secretary under subparagraph (A) shall specify that a self-test shall be sufficiently extensive to constitute a determination of the level and effectiveness of the compliance by a person engaged in residential real estate related lending activities with the Fair Housing Act. (iii) Substantial Similarity to Certain Equal Credit Opportunity Act Regulations. -- The regulations prescribed under subparagraph (A) shall be substantially similar to the regulations prescribed by the Board to carry out section 704A of the Equal Credit Opportunity Act, as added by this section. (C) Applicability. -- (1) In General. -- Except as provided in paragraph (2), the privilege provided for in section 704a of the Equal Credit Opportunity Act or section 814a of the Fair Housing Act (as those sections are added by this section) shall apply to a self-test (as that term is defined pursuant to the regulations prescribed under subsection (a)(2) or (b)(2) of this section, as appropriate) conducted before, on, or after the effective date of the regulations prescribed under subsection (a)(2) or (b)(2), as appropriate. (2) Exception. -- The privilege referred to in paragraph (1) does not apply to such a self-test conducted before the effective date of the regulations prescribed under subsection (a) or (b), as appropriate, if -- (A) before that effective date, a complaint against the creditor or person engaged in residential real estate related lending activities (as the case may be) was -- (i) formally filed in any court of competent jurisdiction; or (ii) the subject of an ongoing administrative law proceeding; (B) in the case of section 704a of the Equal Credit Opportunity Act, the creditor has waived the privilege pursuant to subsection (b)(1)(a)(i) of that section; or (C) in the case of section 814a of the Fair Housing Act, the person engaged in residential real estate related lending activities has waived the privilege pursuant to subsection (b)(1)(a)(i) of that section. Sec [42 U.S.C. 3614a] Rules to Implement Title The Secretary may make rules (including rules for the collection, maintenance, and analysis of appropriate data) to carry out this title. The Secretary shall give public notice and opportunity for comment with respect to all rules made under this section. 23

163 Sec [42 U.S.C. 3615] Effect on State laws Nothing in this subchapter shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this subchapter shall be effective, that grants, guarantees, or protects the same rights as are granted by this subchapter; but any law of a State, a political subdivision, or other such jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under this subchapter shall to that extent be invalid. Sec [42 U.S.C. 3616] Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register The Secretary may cooperate with State and local agencies charged with the administration of State and local fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist him in carrying out this subchapter. In furtherance of such cooperative efforts, the Secretary may enter into written agreements with such State or local agencies. All agreements and terminations thereof shall be published in the Federal Register. Sec [42 U.S.C. 3617] Interference, coercion, or intimidation; enforcement by civil action It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 803, 804, 805, or 806 of this title. Sec [42 U.S.C. 3618] Authorization of appropriations There are hereby authorized to be appropriated such sums as are necessary to carry out the purposes of this subchapter. Sec [42 U.S.C. 3619] Separability of provisions If any provision of this subchapter or the application thereof to any person or circumstances is held invalid, the remainder of the subchapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. (Sec. 12 of 1988 Act). [42 U.S.C note] Disclaimer of Preemptive Effect on Other Acts Nothing in the Fair Housing Act as amended by this Act limits any right, procedure, or remedy available under the Constitution or any other Act of the Congress not so amended. (Sec. 13 of 1988 Act). [42 U.S.C note] Effective Date and Initial Rulemaking (a) Effective Date. -- This Act and the amendments made by this Act shall take effect on the 180th day beginning after the date of the enactment of this Act. (b) Initial Rulemaking. -- In consultation with other appropriate Federal agencies, the Secretary shall, not later than the 180th day after the date of the enactment of this Act, 24

164 issue rules to implement title VIII as amended by this Act. The Secretary shall give public notice and opportunity for comment with respect to such rules. (Sec. 14 of 1988 Act). [42 U.S.C note] Separability of Provisions If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. Section 901. (Title IX As Amended) [42 U.S.C. 3631] Violations; bodily injury; death; penalties Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with-- (a) any person because of his race, color, religion, sex, handicap (as such term is defined in section 802 of this Act), familial status (as such term is defined in section 802 of this Act), or national origin and because he is or has been selling, purchasing, renting, financing occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or (b) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from-- (1) participating, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 802 of this Act), familial status (as such term is defined in section 802 of this Act), or national origin, in any of the activities, services, organizations or facilities described in subsection(a) of this section; or (2) affording another person or class of persons opportunity or protection so to participate; or (c) any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap (as such term is defined in section 802 of this Act), familial status (as such term is defined in section 802 of this Act), or national origin, in any of the activities, services, organizations or facilities described in subsection (a) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to so participate-- shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life. TITLE 28, UNITED STATES CODE, AS AMENDED Section Definitions As used in this chapter -- (1) "clerk" means the clerk of the court in which the petition for the review of an order, reviewable under this chapter, is filed; (2) "petitioner" means the party or parties by whom a petition to review an order, reviewable under this chapter, is filed; and 25

165 (3) "agency" means -- (A) the Commission, when the order sought to be reviewed was entered by the Federal Communications Commission, the Federal Maritime Commission, the Interstate Commerce Commission, or the Atomic Energy Commission, as the case may be; (B) the Secretary, when the order was entered by the Secretary of Agriculture; (C) the Administration, when the order was entered by the Maritime Administration; and (D) the Secretary, when the order is under section 812 of the Fair Housing Act. Section Jurisdiction of court of appeals The court of appeals (other than the United States Court of Appeals for the Federal Circuit) has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of- (1) all final orders of the Federal Communications Commission made reviewable by section 402(a) of title 47; (2) all final orders of the Secretary of Agriculture made under chapters 9 and 20A of title 7, except orders issued under section 210(e), 217a, and 499g(a) of title 7; (3) all rules, regulations, or final orders of- (A) the Secretary of Transportation issued pursuant to section 2, 9, 37, 41, or 43 of the Shipping Act, 1916 (46 U.S.C.App. 802, 803, 808, 835, 839, and 841(a); and (B) the Federal Maritime Commission issued pursuant to-- (i) section 23, 25, or 43 of the Shipping Act, 1916 (46 U.S.C.App. 822, 824, or 841a); (ii) section 19 of the Merchant Marine Act, 1920 (46 U.S.C.App. 876); (iii) section 2, 3, 4, or 5 of the Intercoastal Shipping Act, 1933 (46 U.S.C.App. 844, 845, 845a, or 845b); (iv) section 14 or 17 of the Shipping Act of 1984 (46 U.S.C.App or 1716); or (v) section 2(d) or 3(d) of the Act of November 6, 1966 (46 U.S.C.App. 817d(d) or 817e(d); (4) all final orders of the Atomic Energy Commission made reviewable by section 2239 of title 42; (5) all rules, regulations, or final orders of the Interstate Commerce Commission made reviewable by section 2321 of this title and all final orders of such Commission made reviewable under section 11901(j)(2) of Title 49, United States Code; and (6) all final orders under section 812 of the Fair Housing Act. Jurisdiction is invoked by filing a petition as provided by section 2344 of this title. 26

166 EXHIBIT #13

167 A Fair Housing Primer Part of the Housing Credit Online Training Center Curriculum Online Training Guide

168

169 Housing Credit College A Fair Housing Primer Part of the Housing Credit Online Training Center Curriculum Online Training Guide Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

170 Housing Credit College Contact Us At Staff Elizabeth L. Moreland, President & Instructor Jim Ekman, Operations Manager Address 6907 University Avenue, Suite 196 Middleton, WI Toll Free Phone & Fax PHONE: FAX: Websites Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

171 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Welcome to A Fair Housing Primer After completing this course you will have an understanding of the Fair Housing laws that govern our rental practices There is a corresponding Course Guide to facilitate the learning of the concepts taught in this course so click on the Reference Material button on the right of your screen and print out the materials before proceeding If this is your first Housing Credit College Online Training Center course, please view the FREE Demo Course before proceeding as it will show you how to navigate the courses and the Online Training Center Website and provide you with tips to enhance your learning experience Thanks for visiting our Online Training Center and registering for this course be sure to check out our other courses in the Online Training Center where our goal is to assist you in becoming Compliance Confident! Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

172 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 This course will focus mainly on the federal fair housing laws It must be understood that it is your responsibility to learn and understand if additional state or local laws or other program requirements affect these laws It should also be understood that the information contained in this course is not legal advice nor should it be substituted for it Important Course Note Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 2

173 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Introduction Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

174 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Our fair housing history is relatively short with the first enactment being on April 11, 1968 From , Congress regularly considered the fair housing bill, but failed to garner a strong enough majority for its passage However, when the Rev. Dr. Martin Luther King, Jr. was assassinated on April 4, 1968, President Lyndon Johnson pushed Congressional approval as King s name had become synonymous with fair housing and LBJ thought it was a fitting memorial Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 4

175 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 The actual fair housing law is contained in several documents including Title VIII of the Civil Rights Act of 1968, a.k.a. the Fair Housing Act; Fair Housing Amendments Act of 1988, and Section 504 of the Rehabilitation Act These laws have resulted in 7 federally protected classes, accessibility laws to provide more opportunities for housing for the disabled and stiff enforcement penalties that can be imposed on violators Besides statutes & regulations, the law is also made up of constitutions, judicial & administrative decisions also known as case law, and federal & state agency directives Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

176 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 A protected class is defined as a group of people who share common characteristics and are protected from discrimination and harassment There are currently 7 federally protected classes but there are usually additional groups protected at your state, county and even local municipal levels In this course, we will focus on the federal protected classes but it will be important for you to determine the other groups that are protected and if there are any additional state and local fair housing laws your property must follow Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

177 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Now before we discuss protected classes further, let s talk about how the law works HUD s directives have a significant impact on how we manage our properties and are separated into 2 types notices and handbooks Notices are temporary changes in a policy or rule and contain an expiration date Handbooks contain more permanent information including HUD s mandatory rules and advisory guidance If a dispute ends up in court, judges often give considerable weight to what the HUD Handbooks state so it is important we understand them even though our property may not be a part of a HUD housing program Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

178 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Because you can face different obligations due to additional state laws, federal programs involved with, local court decisions or HUD directives, you must have a comprehensive education in fair housing For example, you may have additional protected classes that protect groups of individuals not protected at the federal level or your state may further protect a group already protected at the federal level If more than 1 law applies, you must comply with all of them and if you have more stringent requirements placed on you by another federal or state requirement you must follow the more stringent Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

179 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Obviously one the biggest factors in succeeding is education, but not just education on the actual rules, although of course that is important, but also education on proper techniques for working with prospects, applicants, residents and other people you come in contact with while representing the property This education can come in many forms from online trainings such as this course to hands on role-playing workshops and even to newsletters and other publications that discuss this important topic and techniques for success This training should be done regularly and no less than annually and should include all staff members who interact with residents as well as prospects whether part-time or full-time employees even though that contact may be minimal as is often the case with corporate office receptionists, bookkeepers, cleaning crews and the like Quite frankly, in this case more is indeed better as it shows HUD, the Department of Justice and state & local authorities that fair housing is important to you and your company and you are constantly striving to provide equal opportunities for housing to all plus it keeps all refreshed on good techniques and aware of new laws Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

180 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 This may seem like overkill especially when HUD reports that ~ 75% of the complaints it investigates are unfounded, ~ 20% are unintentional, and less than 5% are intentional, but, even though the majority of the complaints are unfounded and therefore thrown out, 25% of the complaints did indeed results in violations and are not excused because they were unintentional Plus, fair housing complaints can be expensive expensive to defend and expensive to lose as civil penalties are up to $50,000 per finding and punitive damages are unlimited and finally, there is liability at all levels including PERSONAL liability So you too should see why Fair Housing education is crucial and embrace it with open arms Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 10

181 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 HUD has the lead role in enforcing fair housing, but the Department of Justice or DOJ also has jurisdiction It should also be noted that HUD must investigate all complaints and they can file a suit on its own without a specific complainant if they feel it is warranted Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 11

182 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 HUD is responsible for enforcing the Act and is required to investigate allegations of housing discrimination, attempt conciliation of the complaint, and determine whether there is reasonable cause to believe discrimination has occurred If reasonable cause is found, HUD must bring the case before an administrative law judge, or if either party elects to have claims or complaints decided in a civil action, HUD must refer the complaint to the Department of Justice for prosecution in the United States District Court The Department of Justice may also file a lawsuit whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of discrimination or denial of rights to a group of persons where such denial raises an issue of general public importance DOJ may enter into settlement agreements and consent decrees with owners and can seek a court judgment to enforce the terms of the settlement agreement or consent decree if not followed Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

183 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 When the first fair housing law was passed in 1968, the federal protected classes were race, color, religion and national origin In 1974, sex or gender was added and in 1988 handicap and familial status were added It is important that you know these 7 federally protected classes, the definition of the group and how the specific federal laws protected them One hint in remembering these 7 groups is to use a simple mnemonic device like you did when you were learning to read music or remember the names & order of the planets when you were a kid This time think of the words fresh corn but take out the vowels Everyone belongs to multiple protected classes as a natural occurrence due to their gender, race, skin color and national origin Some of us also belong to additional classes due to specific characteristics we possess such as a disability or handicap, our familial status due to the fact we have minor children or due to our religious beliefs F = Familial status R = Religion S=Sex H = Handicap C = Color R = Race N = National origin Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

184 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Additional protected classes we often see at the state, county or local level include martial status, sexual orientation, ancestry or creed, lawful source of income and age When researching if you have additional protected classes, it will also be important to understand the definition or characteristic of each group as they can vary For example, the protected class of age can protected young adults or it can protect older adults As you can see, it will be important not to assume you know what is being protected One quick way to do this research is to contact your local apartment or realtor s association but you can also always contact an attorney to assist you with this research Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

185 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 These groups are protected from disparate treatment which generally means that you treated a person in a protected class differently because the person was part of this protected class such as if you would require an Hispanic household to provide 5 housing references and a white family only 3 housing references Other types of disparate treatment include, but are not limited to, misrepresenting the availability of a unit, offering different lease terms or conditions, delaying maintenance requests, or steering Disparate treatment has also been interpreted to include disparate impact discrimination which is defined as having practices in place that seem fair in appearance but in actual operation are discriminatory due to their affect or impact on a particular group Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 15

186 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Familial Status Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

187 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Quite simply, familial status protects households that contain minor children The formal definition clarifies this further by stating any household with individuals under the age of 18 living with a parent; a designee of the parent or person having custody; or anyone who is pregnant or in the midst of securing custody are protected This protected class was just added in 1988 and so there is a distinct possibility you could have managed a property in your professional history that advertised itself as adult only and denied households with children Because this group was added fairly recently, many companies find themselves in trouble because of old policies and/or signs still in use at their properties that were originally installed prior to its inclusion as a federal protected class Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

188 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 The law bars us from advertising apartments as available only to adults; refusing to rent to qualified residents solely because they contain minor children; evicting residents who give birth or adopt; or having rules or policies that apply only to children or families with children This applies to virtually all housing types except for elderly housing, small owner-occupied buildings and single-family home rentals Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

189 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Some of the common mistakes when applying the rules surrounding this protected class are made when leasing staff think in terms of family instead of household as the word family has a blood-relationship connotation and thereby can cause you to forget that households with unborn, foster, adopted or other guardianship related minor children are also protected Other common mistakes happen when applying occupancy standards or when writing household rules or company policies because these tend to be written in ways that specifically restrict or single out children And lastly, some mistakes happen intentionally and unintentionally because of the prevailing perceptions many people still have about households with children including that they are more expensive to house as they increase the wear and tear on a unit; they are noisy and more likely to disturb fellow neighbors; or that increased safety measures must be applied to protect the children These perceptions can lead to policies that have managers charging more rent or a higher security deposits or to restricting households with children to certain unit types or to specific locations within the property So let s start discussing how you can successfully rent to this protected class by starting with occupancy standards Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

190 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 When setting occupancy standards, it is important to remember that children are people or household members like their adult counterparts This means you can t limit the number of children in the unit nor can you charge more of a security deposit or rent for households with larger numbers of children despite the fact you feel they add to the maintenance of a unit Now this doesn t mean setting your occupancy standards is as simple as just remembering children are people oh no it is a bit more complicated than that Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

191 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 When setting your occupancy standards, you must understand that it all starts with an understanding that HUD has adopted a 2 people per bedroom standard as being reasonable for most properties The first thing is to review your state and local rules surrounding occupancy and understand that if these laws are more restrictive than HUD s guidance of 2 people per bedroom, you are subject to this more restrictive standard and must follow it However, if your state or local restrictions are the same or less restrictive than HUD s 2 people per bedroom standard, you must now look to the unit sizes in question to determine if HUD s standard is reasonable for your property HUD states that 2 people per bedroom is reasonable for MOST units, which means if your units are larger or contain a room that could reasonable be substituted for a bedroom such as a den, you should increase your standard hence the reason many properties adopt a 2 plus 1 standard which means 2 people per bedroom plus 1 or in the case of a 2 bedroom it would mean the maximum occupancy would be 5 people Sometimes your units are smaller than normal and this should be considered as well however as there is no exact measurement, if you truly feel your units are small, it is highly recommend you check with your fair housing attorney before setting your standard to be sure you are within the local court precedents Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 21

192 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Now, once you have your occupancy standard set, you need to remember that you can t single out children in a household So if you have a 2 person per bedroom standard and have a 2 bedroom apartment, you are saying you will accept a household that is comprised of 4 people regardless if some of those people are children which means the occupying household could be comprised of 2 adults and 2 children or 1 adult and 3 large teenage boys Also, it is important to understand that even though in the past there was discussion of forcing households of opposite sex of certain ages to take larger units THIS IS NOT SOMETHING YOU ARE ALLOWED TO DO so if you have a household comprised of a single mother with 2 children a 14 year old girl and a 16 year old boy and they want a 2 bedroom apartment and you have a 2 person per bedroom occupancy standard, the household meets your standard This is frustrating for some managers however the law is clear here so don t make assumptions or assume the household would certainly want a larger unit and understand that you can t force a household to take a larger unit as it may be a financial burden Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

193 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Before we move on, I want to talk about one more thing specifically pregnant woman I want to be sure you understand that you can t take into consideration the pregnancy when determining a household s occupancy size unless they specifically request you to even if the birth of the child is imminent It is highly recommended that you discuss your existing occupancy standard policy with your local fair housing attorney who is aware of local court precedents and laws to ensure it is up to par with not only the federal requirements surrounding this protected class but also any state or local rules as well as your attorney s own interpretations of these laws Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

194 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Besides occupancy issues, many companies find themselves at odds with this protected class due to their house rules or restrictions as many of these rules specifically single out children For example, such rules as no children in the weight room or adult swim from 6:00 to 8:00 PM or keep children off the grass or children may not loiter in the hallways are prohibited Once again children are people so have rules for people Many times these rules are put in place to protect the property; to ensure proper use of a specific amenity or facility, or to protect the health and safety of children, but problems occur due to the way the rules were written Many times these rules only target children, or they don t take into consideration that adults can display inappropriate behavior or misuse a facility, or they overly protect children who common sense tells us don t need such protection Let s take a look at property protection first Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

195 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 It is understandable that you may have landscaped areas that are meant for decorative purposes only such as ponds and flower beds, but it is a discriminatory practice to say children must not swim or play in the pond or children may not play in, pick or destroy the plants in the flowerbeds as it appears you are saying it is acceptable for the adults to perform such actions just not the children Of course, that is not what is meant at all but when the rule was written the writer immediately leapt to who the common culprit of such behavior is A quick test to be sure your rules are up to par is to replace the words children with another protected class such as a racial group and re-read it as it will often immediately point out the flaw Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

196 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 When writing rules for facilities or amenities at the property such as swimming pools, weight rooms, or club houses, write the rules regarding how the facilities should be used not who uses them For example, if you have a pool, rename the adult swim time lap swim or quiet time as that is really the proper use of the facility you are striving for during those hours Or if you have a club house and you desire quiet hours or no horseplay, state such but don t specific limit the children or assume only children participate in such behavior Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

197 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 And finally, when setting rules that protect the health and safety of a child, there are some things to think about First, think about the safety issue and be sure that only children need to be protected An example of an unacceptable policy would be children can t skateboard in the parking lot as this is a safety issue for all not just children Second, if it is a commonly accepted principle that children do need to be protected, you can indeed require adult supervision but you must be sure you consider the ages that need protection So for example, to have a policy that says children under the age of 18 must be supervised by an adult at all times when using the swimming pool is too much as it is commonly accepted that children 15 or older can swim unsupervised It is recommended you look to local laws, manufacturer recommendations (for saunas, workout equipment, etc.) and insurance carriers for assistance in defining these age limits and then review them with your attorney to be sure they meet any local court precedents or laws Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

198 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Now a discussion on the familial status protected class would not be complete with out a discussion on the Housing for Older Persons Act which exempts housing designated specifically for the elderly This means elderly housing can deny households with minor children allowing adult only properties To understand the Housing for Older Person s Act, it is first important to understand this is a property rule so you can t have buildings designated just for the elderly whereas other buildings are designated for families with children unless they are truly different properties on the same plot of land Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

199 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 The Housing for Older Person s Act creates 3 special types of housing: State and Federal housing that the Secretary of HUD has determined is for the elderly; Housing that is solely for those 62 and older which means all members of the household must be 62 or older; and Housing that is for 55 and older which means at least 80% of the units must be filled with one person that is 55 or older Housing Credit properties for the elderly will either be 62 and older or 55 and older unless they are coupled with another federal housing program such as HUD and then they are subject to that program s definition Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 29

200 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 The 55+ elderly housing does have some interesting nuances that need to be discussed before we move on from this protected class First it is important that you understand that the age restriction only applies to 1 household member so this means the other household members can be of any age, however, many companies will restrict the ages of these additional household members to keep the intended use of the property to be for the elderly or near elderly For example, you often will see policies that state that at least 1 person must be 55 and all other household members must be at least 45 The 55+ restriction is also for only 80% of the units so this means the other 20% of the units can be filled with households that don t meet the age restriction, however, once again, most properties do tend to selfrestrict this and require all the units to meet the age restriction and only use the 20% set-aside to help prevent households who lose the age-restricted member from being displaced Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 30

201 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Religion Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

202 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 This protected class protects individuals with any religious belief or affiliation including non-believers Whereas it may seem obvious that denying a household based on their religious beliefs is discrimination, where you may get tripped up is in the portion of the law that also states that you cannot make any "notice, statement or advertisement that indicates a preference, limitation or discrimination based on religion" For example, you are not allowed to use religious landmarks such as churches or synagogues when referring to the property s location or when giving directions, nor can you post notices of religious services in common areas of the property or in property newsletters that appear management sponsored or sanctioned, and you must take care when decorating for the holidays Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

203 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Let s start with using religious landmarks when giving directions to the property or assisting a caller in identifying where the property is located Quite frankly, this is a no-no specifically because it is too easily construed that your mentioning such landmarks indicates your religious preferences or biases So simply train yourself to avoid statements such as We are right across the street from the St James Catholic Church or Go 3 miles past the Jehovah Witness Assembly Hall and turn left even if these landmarks are famous in your locale The best method to avoid this mistake is to have written directions and a list of safe landmarks that can be used to describe the properties location available near the phone and train your staff on this and even test them occasionally to be sure bad habits haven t crept back This is important because for many the use of such landmarks is second nature and meant completely innocently, but even though completely innocent, it is just a lawsuit waiting to happen Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

204 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 When advertising, the same thing goes no religious references should be mentioned If your property s name itself contains a religious reference such as Briarwood Catholic Gardens all ads must be accompanied with a disclaimer stating you do not discriminate on the basis of race, color, religion, national origin, sex, handicap or familial status Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

205 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 When it comes to religious services or amenities that you have at your property, such as bible studies, chapels or kosher meals, it is okay to provide and mention these in your advertising or discussions with applicants and residents as long as it is understood that you do not discriminate nor sanction or endorse any particular religion When posting religious service notices in your newsletters or public areas of your property be sure it is clearly stated and understood that these services are not hosted or sponsored by management and is only being provided for informational purposes only Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

206 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Holiday decorating is another area you must watch out for as it is important that when decorating for the holidays you don t give the impression you favor one religion over another Contrary to popular belief, you may use religious decorations when decorating the common areas of your property as long as you represent all religions equally, however, with that being said, as this is one area hotly debated and far from settled, it may be more prudent to have a religiously neutral decorating plan Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

207 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 One way to do this is to permit only secular or worldly decorations rather than nonsecular or religious decorations It has been ruled that secular decorations include Christmas trees, Santa Claus, the Easter Bunny, and menorahs and of course religious decorations include nativity scenes, crosses, Stars of David, and Torahs Within their own apartments, residents are able to decorate their units as they desire including the outside of their door unless you have a general policy against decorating the outside of doors already in place Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 37

208 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Now before we move off of this subject, there is one more important point that you must understand about this protected class, one that is often not understood and that is regarding reasonable accommodations For example, let s say you have a Muslim household who requests the maintenance staff remove their shoes anytime they enter their apartment Your first inclination may be to believe you must honor this request, however, there is nothing in the law that states we must accommodate religious requests especially if they interfere with normal business practices such as this would interfere with maintenance safety procedures Now of course, good customer service should prevail and cause you to be willing to work out an alternative with the household such as wearing protective booties, but it is important to understand this is not a requirement Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

209 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Sex or Gender Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

210 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 This group was added as a federal protected class in 1974 protecting gender Surprisingly we still see sex or gender discrimination where managers refuse to rent to a particular sex This is prohibited even if you feel that you are doing it in the best interest of the applicant such as not renting a unit to a young woman because you know the property is located in a dangerous area or because you have had negative experiences with one gender or another such as having past male tenants throwing loud and large parties that caused property destruction Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

211 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 This protected class also protects against sexual harassment Sexual harassment includes creating a hostile environment or unlivable situation by making sexual demands including making inappropriate comments, posting lewd pictures; placing sexual conditions on rental or services; threatening eviction if demands aren t met; and retaliating against those that complain Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

212 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 You are not only liable for your own behavior but can also be liable for your staff, residents or their guests, and other third parties Now that may seem unreasonable but quite frankly it isn t as you are only potentially liable if you knew or should have know about a particular situation and didn t do anything about it So if someone comes to you with a complaint don t ignore it or make light of it Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 42

213 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Besides taking appropriate and immediate action, your company should also have a sexual harassment policy that defines what this type of harassment is; a statement that denounces such behavior by tenants, visitors, staff and vendors; a reporting procedure including a statement that all such reports will be investigated; and a promise that retaliation will not be taken or tolerated Third party vendors or contractor should also be required to sign a statement stating they promise to adhere to your policy These steps help put all on notice that such behavior is not acceptable and that an environment exists that allows for reporting as well as providing a level of protection in the courts as it shows your company takes this seriously Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 43

214 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Handicap Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

215 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 In 1988, handicapped was added as a protected class protecting individuals who are disabled and giving these individuals rights to reasonable accommodations and/or modifications which would allow them equal opportunity to enjoy or use their housing Now as you are probably aware, the procedures you must implement to provide fair housing to this protected class are quite extensive and, honestly, quite frustrating due to the complexities as well as vaguenesses in portions of the law and the additional federal, state or local requirements you may be subject to all of which have caused many differing interpretations & opinions as well as conflicting court precedents On that note, it will be important to understand that after you complete this course, you should discuss your company s specific procedures surrounding this protected class with your supervisor and/or local fair housing attorney to be sure you are following these procedures and all the precedents and requirements in which your property is subject Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

216 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Let s start by identifying the 3 laws that protect the rights of individuals with disabilities First there is the American s with Disabilities Act, more commonly referred to as ADA, which affects the common areas of your properties such as your leasing offices Second there is the Fair Housing Amendments Act which affects the residential units and provides for reasonable accommodations and modifications And third, there is Section 504 of the Rehabilitation Act of 1973, more commonly referred to as just 504, which affects properties that have received federal funds and expands and often more specifically defines the rental practices for housing individuals with disabilities Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

217 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Each of these 3 laws protect the disabled, however, not all properties are subject to all 3 All properties are subject to ADA and the Fair Housing Amendments Act (FHAA), but only properties that have received federal funding such as HUD Section 8, Rural Development or HOME monies are subject to 504 Be sure to talk to your supervisor, property owner or your local fair housing attorney to determine if your property is subject to 504 as the 504 rules will affect the way you handle accommodation and modification requests Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

218 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Now, before we dive any further into this subject, we must first look at the definition of handicapped as shared by all 3 of these laws A person is said to be handicapped and therefore part of this protected class if he or she 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 Now to be successful with this definition, we must fully understand all of its parts so let s move on to the next slide and discuss them Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

219 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Let s first look at the term "physical or mental impairment" which includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection, mental retardation, emotional illness, drug addiction and alcoholism This definition does include recovering addicts that are currently not illegally using a controlled substance AND who have successfully completed a rehab program, have otherwise been rehabilitated successfully or are currently engaged in a treatment program or self-help group Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

220 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Exclusions from this definition include homosexuality, bisexuality, transvestism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from a physical impairment or other sexual behavior disorders Other exclusions include compulsive gambling, kleptomania and pyromania, and individuals that are currently engaging in the illegal use of controlled substances It also does not protect someone with a disability whose tenancy imposes a direct threat to the health and/or safety of others or if it results in substantial physical damage to the property unless the threat can be eliminated or significantly removed by a reasonable accommodation Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

221 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Before I move on from who is protected under this definition, I do believe it is important to clarify alcoholism and its treatment in this protected class The Fair Housing Act and Section 504 recognize alcoholics as persons with a disability, but because alcohol is not a controlled substance it is not illegal to drink However, the protected status of alcoholics can be put into jeopardy based on behavior if it leads to inappropriate, offensive, and dangerous behavior or lease violations As discussed previously, if such behavior is deemed a threat, causes property damage or lease violations, management does not need to accommodate unless the accommodation can eliminate or remove the behavior It is suggested you discuss this issue with your fair housing counsel to ensure the proper documentation and handling of such incidents and to determine, on a case-by-case basis, if you must make an accommodation Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

222 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Now, let s discuss major life activities Recently the Supreme Court defined this to be functions of central importance in most peoples daily lives and include walking, seeing, hearing, breathing, learning, personal hygiene, and other related manual tasks This decision came about through a case regarding a Toyota employee with carpal tunnel syndrome in which the employee sued Toyota after she was fired for not showing up to work after she received a no work of any kind restriction from her physician In this decision, the Supreme Court reversed the lower courts decision finding that the employee was not "disabled" as defined by the ADA and concentrated its analysis on the meaning of the phrase "substantially limits daily life activities and concluded that a person must have an impairment that prevents or severely restricts the person from doing activities that are of central importance in most peoples' daily lives, such as personal hygiene tasks and household chores, rather than just those manual tasks required for a particular type of work When receiving requests for accommodations, you will need to take careful consideration regarding the claim of disability and request for accommodation as it is unknown exactly how the Supreme Court's restrictions on the definition of disability will affect us until further case law is available Be sure to discuss this with your supervisor, company fair housing coordinator and/or your fair housing counsel when you complete this class to ensure you are following proper procedures Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

223 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 And finally let s talk about individuals that are considered to have a disability or have a history of having a disability These individuals are also protected, so, for example, if a manager refuses to rent to someone who he thinks has AIDS, even though the prospective renter does not actually have the disease, the manager would be discriminating against the individual Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 53

224 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 This protected class not only protects individuals with disabilities from discrimination but also requires our properties to be designed and constructed in a way that makes them accessible and each of the 3 laws ADA, the FHAA and 504 have specific provisions defining accessibility with the greatest impact being felt by properties that are federally financed This is because the provisions contained in ADA and FHAA are not as great as those in 504 and 504 only affects federally financed properties Managers of properties that are not subject to 504, however, need to understand that BOTH ADA and FHAA requirements will come into play So let s look at these requirements Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

225 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 The American s with Disabilities Act (ADA) affects all common areas including requiring an accessible route to leasing offices and public areas of the property The Fair Housing Amendments Act (FHAA) affects buildings with 4 or more units; the ground floor units of non-elevator buildings; all units in elevator buildings; single-story townhomes; and the common areas associated with any of these units on multifamily dwellings constructed for first occupancy on or after March 13, 1991 and include 7 main requirements ranging from an accessible route and entrance to each building to accessible environmental controls to usable kitchens and bathrooms And Section 504 of the Rehabilitation Act of 1973 takes these requirements further and are based on whether the building is newly constructed, substantially rehabbed or an existing property If newly constructed or substantially rehabbed, the property must have a minimum of 5% of the units or at least 1 unit that are accessible for those with physical impairments, 2% of the units that are accessible to those with visual and hearing impairments and all common areas of the buildings be accessible but it should be noted that HUD can require a higher percentage of units in each category If an existing property, the owner must evaluate the cost effectiveness of modifying the property to meet the above standards and submit a transition plan to HUD for approval plus any units must be modified to meet the needs of an disabled applicants and the costs involved in these modifications are the responsibility of the owner not the applicant Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

226 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Now rather than spending a lot of time in this class about the specific design requirements that go into making a unit accessible under the different laws, I will focus on the management responsibilities When managing, it is important to understand that disabled individuals can request changes, exceptions or adjustments often called accommodation requests to allow them equal enjoyment & use of the property These requests could be in regards to physical modifications to the structure or adjustments to specific management practices, services and rules and must be granted if they are reasonable and necessary Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

227 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Now, I will be honest with you that this is one of the most confusing and frustrating requirements pertaining to this protected class and quite honestly with fair housing in general This is because there is much interpretation in the current laws and we are regularly subject to the latest court precedents But, as an individual involved in property management, you must not focus on the confusion and frustration and remain diligent in working with these requirements So let s look at the requirements and procedures for handling all requests correctly Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

228 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 As I stated before, accommodation requests must be reasonable and necessary however sometimes this can be difficult to determine so it will be important that your management company has a very specific process you implement to verify if the request should be granted There are 3 main steps to this Accommodation Request Process and they include: 1. Obtaining the specifics regarding the request being made; 2. Verifying the requestor is indeed disabled; and 3. Verifying the accommodation requested is one that will alleviate the effects of the disability Now before I go further, you must understand that in May 2004 HUD and the Department of Justice issued new guidelines for handling such requests and whereas these guidelines are just that guidelines since they were issued by the entities that oversee complaints in these areas it would do you well to be sure your process for handling such requests are in line with these guidelines Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 58

229 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 HUD and DOJ made 2 very important points very clear with the first stating that you cannot require an applicant or resident to use your forms and your forms only to make such a request and second you cannot require the verification of a disability that is readily apparent Now the first point made regarding the use of specific forms is fairly clear however it should not be misunderstood that even though you can t require the requestor to specifically fill out your forms the requestor still must provide you with information that addresses each of the 3 main steps of the Accommodation Request Process So, for example, if the requestor brings in a doctor s note it can be substituted for completing your forms as long as it contains the 3 areas of information you need to process the request and if it doesn t you can require that the missing pieces be provide to process the request Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

230 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 The second point made in HUD/DOJ s guidelines is that you can not require proof of disability if the disability is readily apparent nor can your require verification that the request is necessary if it is also readily apparent There will be times when both the disability and the request being made are readily apparent and no verification will be needed such as when a visually impaired individual requests an accommodation for his guide dog on a property with a no-pet policy but conversely there will be times when neither are apparent so in those cases management will want to verify both In the cases where the disability is apparent but the need is not, such as in the case when a person in a wheelchair requests to have a pet on a property with a no-pet policy, only the need should be verified Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

231 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 If you must verify that a person is disabled, it usually means sending a verification form to the requestor s medical provider, however, you must understand there are other sources that can be used as well such as peer support groups, a nonmedical service agency, or a reliable third party who knows of the disability, plus the new guidelines do allow for the requestor to provide sufficient proof of disability or provide a credible statement that can hold up in court As you can imagine, the credible statement option has caused much industry concern especially since we have been given very little guidance as to what such a statement entails, so I recommend you talk to your supervisor or your fair housing attorney to determine their interpretation but don t dwell on it because for the most part if this information must be verified it will usually be obtained through a source you can feel comfortable with And remember when verifying disability you only verify IF the person is disabled not the specifics of the disability Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

232 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 If you must verify that the request is necessary to alleviate the affects of the disability, the same sources apply, however this time you are verifying the correlation between the disability and the request to determine if it must be granted Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

233 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 After verifying the required information, you must now analyze the information to determine if the request should be granted which will be based on whether the request is reasonable A request is considered unreasonable and therefore deniable if it is an administrative or financial burden, will fundamentally alter the nature of operations, or if the requestor poses a direct threat to the property or the health and safety of the other residents When determining if a request causes undue financial or administrative burden, your analysis must be done on a case-bycase basis and should take into consideration the cost to implement the request, the property s financial resources, the benefits the request would provide the requestor, and the availability of less expensive or burdensome alternatives Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

234 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 If the request is deemed unreasonable and therefore will be denied, you must engage in an interactive process or negotiation with the requestor before denying with the goal being to come up with alternatives that are reasonable, however, if no compromise is reached, the request can be denied Any request denials must be put in writing explaining the reasons and these reasons must be in 1 of the following categories: Individual doesn t have a disability Request is not necessary for the enjoyment or the use of the community Request is an undue administrative or financial burden Accommodation would fundamentally alter nature of operations Individual poses a direct threat to the health & safety of others or poses a risk of substantial physical damage to property Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

235 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 So let me summarize this process First, remember it is a good practice to have a formal procedure for handling all requests so you should speak with your supervisor to review yours or if you know you don t have one, you should design one with the assistance of your fair housing attorney This policy should include the procedures for processing Accommodation Requests including specific forms you will use to document a request and to verify the necessary information from the medical provider or alternative source remembering, however, that you can t require the use of your specific forms if you can obtain the same information using alternative means All requests should be handled promptly and all requestors should be informed that your company policy is to grant all reasonable requests and be given the expected amount of time you will need to process the request and get back to them with a response Then document, document, document including the request, the verification process, the decision, discussions & meetings with the requestor, and any alternatives discussed and/or implemented Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

236 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 When working with disabled applicants there are several things you must keep in mind when it comes to this protected class First, don t ask if the prospect has a disability or can live independently, rather leave it up to the applicant to mention any specific requests or accommodations needed And despite your best intentions, never assume someone needs an accommodation or will not want to live in a particular part of the property or in a specific unit Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

237 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 If the applicant is visually impaired be sure you have your written materials available in large print or allow the applicant to take these documents home so they can be reviewed with a family member or friend Some companies even have these materials voice recorded Be sure you are aware of what your alternative methods are and if you are a supervisor, be sure your employees are aware as well Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

238 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Also never refuse phone calls from relay system operators as they are providing a service to the hearing impaired who may be inquiring about your apartments Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

239 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Be sure you are familiar with the accessible routes to your property office and the buildings as well as know which units are the accessible units It will also be important that you understand the features in the accessible units so you can effectively show these units Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

240 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 In some cases you will have a disabled applicant with a guide or service animal These animals are defined as any guide dog, signal dog, or other animals individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items Dogs are the most common type of service animal, but you must be aware there are other types of animals that can serve in this capacity including monkeys and miniature horses Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

241 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 When working with service animals there are some important dos & don ts you need to be aware of First, you are not allowed to require proof that the animal is a trained service animal, certified or even licensed by a government authority even if it does not have a special identification collar or harness You must also understand these animals are not pets so you may not charge a higher rent or security deposit nor may you charge a pet deposit However, you do not have to accommodate any animal that is or becomes unruly or disruptive, unclean, and/or unhealthy to the extent that the animal's behavior or condition poses a direct threat to the health or safety of others It is also acceptable to require these animals to be properly vaccinated and to require the owners to properly dispose of all waste and observe all leash laws Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

242 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Companion animals, also sometimes referred to as therapy animals, are treated the same as service animals, however, due to the fact that we can t require certification of training, it is much harder to distinguish these animals from a typical pet There is much debate as to whether companion animals should be treated the same as service animals and differing court precedents on both sides so it will be important that you discuss this issue with your fair housing attorney to learn the latest decisions as well as her interpretations Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

243 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Color, Race & National Origin Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

244 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Discrimination based on race, color, and national origin is, of course, prohibited Just to be clear, race refers to person s ethnic background, color refers to skin pigmentation and national origin refers to the country in which the person or person s ancestors originated or has the characteristics of a particular national origin This also protects individuals that are married to or associated with members of these protected classes or who have a membership in an organization, church, or school generally considered to be associated with a particular protected class One of the most common discrimination practices these groups face today is steering so much so that a recent study performed by the National Fair Housing Alliance stated it is so prevalent that it is actually the norm Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

245 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Steering is defined as the illegal funneling of applicants to a particular area within your property So even though you may think you have the best intentions in mind, do not limit the areas of the property you show your applicants or fail to mention all unit availabilities as these practices will be construed as steering I often remind managers that you never know who the applicant knows at or about the property and that they may very well already know which units are available or have discussions with other applicants that visited your property and discover they were given different information leading them to believe they were steered Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

246 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 To avoid steering always be sure to share all availabilities with your applicants and let them decide which units they are interested in and can qualify for Also be sure to give the same property tours to each applicant or if you must deviate from your typical tour due to maintenance issues or time constraints, explain this to the applicant and invite him back for another visit so you can give the full tour And finally, understand, that even though I am discussing steering in this section, it pertains to all protected classes, not just these 3 Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

247 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 When talking about these protected classes we must also have a discussion regarding citizenship The Fair Housing Act does not prohibit discrimination based solely on a person's citizenship status or prohibit asking housing applicants to provide citizenship or immigration status documents and in fact many properties are subject to HUD s Non-Citizen Rule which specifically requires proof of citizenship and denies or limits housing assistance to households containing a non-citizen However, not all properties, including Housing Credit properties, are subject to the Non-Citizen s Rule which means if you want to rent to non-citizens or illegal aliens you may Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

248 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 If your property is not subject to HUD s Non-Citizen rule, your company must decide if it will rent to non-citizens or not But, when making this decision, it is important to understand you must apply your citizenship decision universally, so if you will accept non-citizens, you accept all non-citizens, not just noncitizens from specific groups Now of course I don t believe you would have a specific policy that would single out a specific group of foreigners and certainly if you do; STOP however, you must be mindful of your behavior as often subconscious beliefs or fears can sneak into it causing some groups to feel disparate treatment such as was evident with the increase in complaints received by HUD after 9/11 Remember even if done unintentionally or subconsciously, discrimination is discrimination and can result in huge monetary penalties and even at the personal level! Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved 78

249 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Another way managers get into trouble with these protected classes is in the way they answer questions given to them by applicants or residents For example, it is not unheard of for a leasing consultant to be asked about the ethnic makeup of a property while showing a unit including questions How many blacks do you have living here? or Do you rent to Arabs? If asked such questions, politely but firmly state that we are an equal opportunity renter and welcome anybody who fulfills our qualification process, meets our standards and wants to live here If the questioner persists STAND FIRM and don t let them convince you it is okay to answer the question with the use of such tactics as a trust-me routine or feel it is okay to answer the question because the questioner is of the same race And finally don t direct them to other sources such as other residents or the Census Bureau as a means for obtaining the answers nor direct them to investigate it on their own Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved

250 Housing Credit Online Training Center A Fair Housing Primer Online Training Guide December 2006 Tips for Success Copyright 2006 Elizabeth Moreland Consulting, Inc. All Rights Reserved