FAIR HOUSING: Questions and
Answers
Illegal discrimination in the provision of housing occurs
millions of times each year in America. Though housing discrimination can cause
significant monetary harm and emotional injury to victims, many donÕt recognize
it when it occurs. And only one in five victims know where to complain.
The Fair Housing Act, a federal law, outlaws housing discrimination based
on race, color, national origin, religion, sex, familial status, and
disability. The Illinois Human Rights Act, a state law, and the Galesburg Human Relations
Ordinance, a local
law, both outlaw discrimination based on race, color, national origin,
religion, sex, handicap, marital status, age, unfavorable discharge from
military service, and ancestry. Additionally, housing discrimination based on
Vietnam veteran status is barred by the ordinance in Galesburg, and as of
January 1, 2006, the state law bars housing discrimination against persons
based on their sexual orientation.
The U.S. Department of Housing and Urban Development (HUD)
and the Illinois Department of Human Rights (IDHR) can investigate, try to settle, or litigate housing
discrimination cases at little or no cost to the victim. Victims can receive
housing, as well as compensation for their monetary losses or emotional damages
suffered due to housing discrimination. More information is at the end of this
column.
THE
LAW. As a general rule, it is
unlawful for a provider to discriminate on the basis of your race or color in
deciding who to accept for housing, who to negotiate with for a sale or rental,
the terms or conditions of the sale or rental, and the privileges, services or
facilities to make available in connection with housing.
Question: Can a landlord
discriminate between two people of the same race or national origin?
Answer: Not on the basis of their Òcolor.Ó
For example, a dark-skinned Latino man made arrangements over the
phone to see an apartment. When
the owners saw him in person, it suddenly was not available. The owners did not discriminate due to
national origin, because they had rented to light-skinned Latinos. But a court held they violated the Fair
Housing Act by acting on the basis of Òcolor,Ó because the man was dark-skinned.
Question: Can a housing provider
who does not rent to white applicants be illegally discriminating against
minorities?
Answer: Yes,
if it is engaged in racial Òsteering.Ó
In one
case, a development corporation that owned and operated rental units in a
minority area of a city referred white applicants to another rental agency in
another area of the city. The
corporation invited only black or Latino applicants to complete applications
for the units it owned. This
different treatment, known as Òsteering,Ó
simply on the basis of skin color or race carries on segregated housing
patterns and violates the law.
Question: How can I prove a
landlord is lying when he says an apartment is unavailable?
Answer: Use
fair housing agencies and Òtesters.Ó
When an
available apartment suddenly became unavailable after a real estate office
manager saw the dark-skinned wife of a Hispanic applicant, he suspected
discrimination. A local fair
housing agency sent to the office seven ÒtestersÓ who posed as prospective
tenants. For each test, one white
tester and one black tester visited the office within the same day and inquired
about similar apartments, locations, and prices. The pairs were similar in age,
income, and family profile, but the black testers said they had slightly higher
incomes than their paired white testers.
When all the white testers, but only one black tester, were shown
apartments, a court held the real estate office violated the Fair Housing Act. Call HUD or Prairie State Legal
Services for the names and locations of fair housing agencies in your area.
Question: Is it legal for a
public housing authority to have a rule that has the effect of keeping
minorities out?
Answer: Not if the effect is
substantial and there is no legitimate business purpose for the rule.
Public
housing authorities in several predominantly white suburban areas enacted
neutral-sounding Òlocal preferenceÓ rules to bring their own residents to the
front of the line for housing subsidy vouchers. The rules lead to substantially fewer minorities receiving
vouchers than did whites. This Òdisparate impactÓ violated the Fair Housing
Act. The court rejected the justifications offered for the preferences, namely
to lessen certain administrative fees, to help local residents keep living in
their communities, and to preserve community morale.
Question: Can a housing provider
use racial quotas to maintain an integrated housing community?
Answer: No, quotas are not permitted.
An
apartment owner designated 75% of the units he rented for white families, 20%
for Hispanic families, and 5% for black families. When he was sued under the
Fair Housing Act for racial discrimination, he tried to justify the quotas by
claiming they were necessary to promote integration and prevent long-term
decline in the white population. The court held that while a goal of the Fair
Housing Act is the promotion of integrated communities, the more important goal
of the act is the elimination of housing discrimination, and the quota was
banned.
Question: Does the Fair Housing Act prohibit
discriminatory activities related to buying and keeping a house, such as
getting insurance or financing?
Answer: Yes.
If an
insurance provider refuses to do business in certain geographical areas highly
segregated by race (known as "redlining"), or otherwise treats
minority applicants differently, the provider violates the Fair Housing Act.
Homeowner's insurance and financing are virtually always required to buy a
house. The Act prohibits discriminatory conduct that makes housing unavailable,
in connection with services that facilitate the sale of housing. As a result,
the Act bans discrimination by providers of financial assistance and providers
of insurance, when buyers seek those services in connection with the purchase
of housing.
Question: My housing provider is
making it more difficult for me to obtain housing by imposing certain obstacles
and conditions that he does not impose on white persons. Is this illegal?
Answer:
Yes. It violates the Act for a provider to
make housing more difficult to obtain or to discriminate in the terms or
conditions of a sale or rental.
Some
examples of unlawful conduct arise where:
á A landlord requires credit checks only of minority applicants
á A landlord requires minorities to
fill out a longer application
á A landlord fails to provide or
delays providing minorities with necessary information to apply for a tenancy
or a sale
á A landlord charges an
African-American tenant $100 more than his white tenants
á A landlord requires a minority to
put down a larger security deposit than the white tenants
á A realtor quotes a Muslim family a
higher price for a house than he quotes other families, or tells them that the
price is firm when it is not firm for others
á A landlord evicts a tenant because
he has guests who are Hispanic.
housing
discrimination on the basis of national origin
THE
LAW. It is illegal for a housing
provider to deal with people from (or with ancestry from) some countries, but
not from other countries. National origin refers to a personÕs ancestry, and
not his citizenship. It can also refer to an ethnic or national group with a
common culture or language. It is often treated together with race and color in
HUD complaints.
Question: Can I prove housing
discrimination based on my national origin where the housing provider made
statements not to me but to others?
Answer: Yes,
if they create a hostile environment that denies housing.
A
condominium association manager violated the Fair Housing Act by asking the
real estate agent representing two couples if the couples were Latino. The manager stated that the condo was
concerned with the problem of overcrowding, and mentioned that Latinos were
given to multiplying, that it was feared that they would move in other
relatives with them, and that they were not wanted. He made similar statements to the realtorÕs supervisor, but
never spoke with the buyers directly.
When the realtor informed the couples of the managerÕs statements, they
sued the condo association. In
awarding monetary damages to the couples, the court noted that the managerÕs
remarks clearly caused them severe emotional distress, dashed their dream to
improve their life style and caused unfortunate consequences in their future
lives.
Question: Do real estate lending efforts
specifically targeting Spanish-speaking persons violate the Fair Housing Act?
Answer: Yes, if they lead to unfair loans.
Two real
estate firms and a lender violated the Fair Housing Act for targeting potential
homebuyers who were Spanish speaking and exploiting them financially. This tactic is known as Òreverse
redlining.Ó They induced
Spanish-speaking persons to make home purchases, then pressured them to make loans at higher amounts than
they could afford, and then fraudulently divided the loans into two separate
transactions to increase the fees and closing costs. This was done without
regard as to whether the borrowers would be able to repay the loans, leading
almost all of them to default on the loans.
Question: Can my landlord ask
about my national origin to help him discover any potential terrorists in the
building?
Answer: No (although a housing provider can ask
about citizenship).
A building
owner required tenants to identify where they and their spouse were born and to
state their citizenship and date of naturalization. He did this in light of recent terrorist activities in order
to make every possible effort to learn whether any of his tenants were foreign
nationals. While the Fair Housing
Act allows inquiries about citizenship, it prohibits making any Òstatement . .
. that indicates any preference, limitation, or discrimination based on . .
.national origin.Ó A court
prohibited the owner from continuing to make that kind of inquiry.
Question: Can a private landlord
take into account the worries and concerns of neighbors in restricting the
rights of an Arab tenant?
Answer: No.
A woman
whose national origin was a middle-eastern country was allowed to sue her
landlord for violating the Fair Housing Act after she was barred from using the
back door to the apartment complex laundry room. To justify the action, the
apartment manager cited complaints from other tenants about her foreign ways,
including the way she dressed and looked and the fact that her husband was Arabic. These concerns did not justify the
discriminatory treatment.
Question: Can a city target its
housing code enforcement efforts on minority areas?
Answer: No, where the conduct is based on
stereotypes.
Driven by
complaints from neighbors, a village mounted a campaign of housing code
enforcement. When village officials inspected the homes of Latinos and found
large numbers of persons present, they assumed code violations existed and
automatically issued summonses to appear in court. The Latino residents were able to explain their
circumstances and no code violations were found. The summonses were later dismissed in court. This conduct,
based on stereotyping the lives of Latino families, violated the Fair Housing
Act.
Question: Can a landlord market its
apartments to a group of a specific national origin?
Answer: No.
A
corporation used the word "Korean" in the names of several of the
apartment buildings it owned and showed the South Korean flag in ads for
vacancies. This violates the Fair Housing Act. The Act prohibits making or
publishing any statement or advertisement with respect to the rental of a
dwelling that indicates any preference, limitation or discrimination based on
national origin. A court held that naming the apartment buildings themselves to
contain the national name, "Korean," would cause an ordinary reader
to understand that ethnic Koreans, and not others, would be preferred.
Question: What relief can I get
when a landlord fails to show me available apartments due to my national origin?
Answer: Significant compensatory
and punitive monetary damages are available.
For
example, a jury awarded a man of Puerto Rican ancestry $10,000 in compensatory
and punitive damages against his real estate agent. The agent had looked through apartment listings with him and
falsely told him that each listed unit in the manÕs price range was either too
small or was unavailable. The
agent also failed to show him a listing for an available apartment in a building
he knew the man was interested in.
THE
LAW. It is unlawful housing
discrimination if a housing provider acts in a certain way because of your
religious beliefs or because of his or her religious beliefs.
Question:
May a landlord ask about my religion?
Answer: Yes, if you donÕt have to answer, and the inquiry has a reasonable purpose.
ItÕs
against the law to ask a housing applicant to disclose a religious affiliation
on an application form if the landlord admits only persons of certain religions,
or refuses admission of persons of other religions. However, it is legal if it is not a basis for admission and
the information is sought for a reasonable secular purpose, such as to allow
managers of the project to notify a tenantÕs clergyman in event of death or
serious illness.
Question: May a real estate owner
base his refusal to sell on the belief the buyer engages in religious practices
he disapproves?
Answer: Yes, if the religious
practices are not protected by the First Amendment to the U.S. Constitution or
are illegal under criminal laws.
The Fair
Housing Act bars discrimination Òbecause of . . . religion,Ó but does not
directly say if action violates the law when taken because of perceived
religious conduct,
as opposed to mere religious belief.
Because the U.S. Supreme Court has decided that the religious practice
of polygamy is not entitled to First Amendment protection, and because the
practice violated state law, real estate sellers who believed buyers engaged in
polygamy could refuse to sell to them, without violating the fair housing
law.
Question: May a landlord be held
liable for the discriminatory conduct of its residents against another
resident?
Answer: Yes.
A landlord
knew that white tenants engaged in severe and pervasive harassment of Muslim
residents, which increased following the terrorist attacks of September 11,
2001. However, the landlord failed
to take any effective action to stop it.
The landlord is subject to a charge under the Fair Housing Act by making
housing unavailable, discriminating regarding terms, conditions, privileges,
services, or facilities, and interfering in the exercise or enjoyment of a
dwelling because of religion.
Question: Can the Fair Housing
Act cover harassment by a neighbor?
Answer: Yes.
A couple of
the Jewish faith sued their neighbors and homeowners association for housing
discrimination on the basis of religion.
The neighbors had painted a religious epithet on their property,
vandalized it, and tore down flyers seeking information about the vandalism.
They also destroyed minutes of association meetings and erased a tape recording
containing a threat against them. They also sprayed harmful chemicals in their
yard and adopted rules restricting the coupleÕs use of their property. A court held that this conduct violated
the Fair Housing Act because the law makes it unlawful to coerce, intimidate,
threaten, or interfere with a person in their enjoyment of a dwelling on the
basis of religion.
Question: May a homeowners
association enforce a neutral rule that has the effect of banning a religious practice?
Answer: No.
Homeowners
were threatened with fines or evictions if they did not obey association rules
prohibiting religious decorations displayed on doors. The Association told them
to remove from their door frames mezuzahs, items containing religious prayers
and mandated by their religious faith. The homeowners successfully brought
complaints of religious discrimination in housing.
Question: Can the Fair Housing
Act stop religious discrimination before it actually occurs?
Answer: Yes.
A group of
citizens openly unhappy with the activities of Hasidic Jewish citizens decided
to incorporate their local area as a separate village. They wanted to enact and enforce a
zoning ordinance to control the religious conduct of this group. Because the Fair Housing Act explicitly
allows anyone who believes he "will be injured by a discriminatory housing practice
that is about to occur," to sue, the Jewish citizens who were likely to suffer discrimination
did not need to wait until the zoning law was actually enforced against them
before they could challenge it.
Question: May a landlord
advertise to rent a room in her own house to someone of her own religious
faith?
Answer: No.
The Fair Housing
Act contains an exemption allowing certain owners to discriminate in the sale
or rental of single-family homes, and in the rental of small apartment
buildings where the landlord resides.
However, even where the exemption applies, landlords may never make a
discriminatory communication or advertisement. Thus, an elderly woman is entitled to rent a room in her
home to a Òmature Christian handyman,Ó but she cannot place an advertisement
looking for one.
THE LAW.
Apartment managers and other housing providers must lease, sell and negotiate
with women on the same basis as they do with similarly situated men. Also, they
cannot sexually harass women.
Question: Can a landlord deny
single women an apartment if he does so to protect them from harm?
Answer: No.
A landlord who refused to rent units to single women without
cars, but would rent to men without cars, violated the Fair Housing ActÕs
prohibition of discrimination based on sex. The landlord argued the neighborhood was poorly lit and
women walking through it risked assault, rape, Òor worse.Ó However, a court found that a benign
motivation for discrimination, especially one so paternalistic and
overbroad, did not justify the discrimination.
Question: In deciding whether to
accept a tenant based on her ability to pay rent, can a landlord refuse to
credit a womanÕs receipt of child support or alimony?
Answer: No.
Many more women receive child support and alimony than do
men. By failing to consider child support or alimony income, a landlord places
an unequal burden on women applicants. A landlord who does that violates the Fair Housing
Act.
Question: IÕm a
victim of domestic violence. My
landlord is evicting me under a Òzero tolerance for violenceÓ policy. Is that illegal?
Answer: Yes.
For example, a woman who was severely beaten by her husband
obtained a court order keeping him away from her and from their apartment. When
the landlord found out, he gave her an eviction notice. He had a policy of evicting the entire
family when anyone in the household posed a threat to the health or safety of
other residents. A HUD
investigation found that since 90% to 95% of domestic violence victims are women,
the landlordÕs policy of evicting innocent victims of domestic violence would
harm mostly women. This practice
is unlawful sex discrimination.
When the woman sued the landlord under the Fair Housing Act, he settled
the case, eliminated the unlawful policy, and paid compensation to the tenant.
Question:
Does the Fair Housing Act outlaw my landlord making advances towards me?
Answer: Yes, if the landlord
makes your housing depend on your response.
A landlord in a womanÕs apartment to relight her furnace
forcibly grabbed and kissed her on his way out. She slapped him and pushed him
away. The landlord refused to
accept her rent the next time it was due and instead evicted her. The woman
later sued and proved housing discrimination on the basis of her sex under the
Fair Housing Act, through a case of Òquid pro quoÓ sexual harassment.
Question: Can my landlord sexually harass me as
long as he does not ask me for anything or threaten me?
Answer: No, a landlord may not
create a Òhostile housing environmentÓ based on sex.
A landlordÕs conduct that is so severe or pervasive that it
alters the conditions of a womanÕs tenancy and creates an abusive living
environment is discrimination based on sex under the Fair Housing Act. A court found the standard was met in a
case where a landlord's worker grabbed a tenant in intimate places, later
attempted to kiss her, and verbally harassed her. The landlord continued to
send the worker to the tenant's unit to make repairs even after she complained.
The court found it to be a hostile environment and awarded the woman monetary
damages for psychological disorders she suffered as a result.
Question:
Are women in homeless shelters protected under the Fair Housing Act?
Answer: Yes.
Women in homeless shelters with their families who are
subject to sexual harassment or other discrimination by shelter staff are
allowed to sue their abusers under The Fair Housing Act . Homeless shelters are considered
ÒdwellingsÓ that must comply with the Act.
Question: Can a landlord publish
an advertisement in the newspaper seeking a "handyman" as a tenant
for the apartment?
Answer: No.
An advertisement indicating to an ordinary reader a
preference in housing on the basis of sex violates the Fair Housing Act. Here,
the word "handyman" suggests a preference for a male tenant, which is
discriminatory and unlawful.
Question:
Are owners or managers of property legally responsible for the discriminatory
acts of their employees?
Answer: Yes.
Under the
Fair Housing Act, an employer may be held responsible for the discriminatory conduct
of his employees, even though the conduct was not authorized. Therefore, a
building owner may be liable to pay damages for sex discrimination even
though it was one of his employees who actually committed the unlawful
conduct.
THE
LAW. If you are a child's parent
or legal custodian, or someone taking care of children with permission from a
parent or custodian, it is illegal for a housing provider to discriminate
against you on the basis that you have one or more children under age 18 living
with you. It is also illegal to discriminate against you because you are
pregnant or because you are seeking custody of minor children.
Question: Can a landlord refuse
to rent to a family with children out of concern for the welfare of the
children?
Answer: No.
A court
held that a landlord violated the Fair Housing Act when he refused to rent to a
family with children out of concern that the property would be a serious and
real danger to the children. There was an ocean cliff and a deck above the
cliff. There also were no other children in the neighborhood. Whether the
apartment was appropriate for children was a decision to be made by the
parents, not by the landlord.
Question: May a landlord tell his rental agent
that while he should not exclude families with children, he should give
preference to people without children?
Answer: No.
Even oral
statements indicating a ÒpreferenceÓ in the sale or rental of a dwelling based
on familial status violate the Fair Housing Act.
Question: Can a neutral rule or
policy that in effect keeps families from renting violate the Fair Housing Act?
Answer: Yes, if there is no legitimate business
reason for the rule.
A landlord
rented 2 bedroom apartments that had 950 square feet. However, he had a policy
limiting those apartments to no more than 2 persons in order to minimize wear
and tear. Because this excluded most families with children, a court found that
this was an instance of "disparate impact" discrimination. The court
found that the landlord's alleged business reason for the policy did not
justify the discrimination.
Question: Can families with
children be restricted to certain areas in apartment buildings?
Answer: No.
A
condominium association prohibited families with children from buying or living
in units on the second or third floors. They also told condo owners on the
second or third floors that if a child moved in with them, they would be fined.
A court found this violated the Fair Housing Act on the basis of familial
status.
Question: When can a landlord
determine a family is Òtoo bigÓ to rent a dwelling?
Answer: When the family size exceeds laws
setting occupancy limits or when it is reasonable to do so in a particular
case.
The Fair
Housing Act permits a landlord to obey reasonable laws limiting the number of
persons who can live in a dwelling. Courts will allow private housing providers
to set reasonable occupancy standards. These standards can be based on factors
such as the number and size of bedrooms and the overall size of the unit. For
example, a landlord might be permitted to refuse to rent a 3-bedroom apartment
to a family of eleven. However, the landlord cannot impose arbitrary occupancy
standards that are intended to exclude families with children.
Question: May an apartment
complex limit childrenÕs use of common amenities?
Answer: No.
An
apartment complex enforced rules limiting children to the use of only two of
the six swimming pools in the complex. Despite the apartment ownerÕs argument
that reasonable health, safety, and business reasons justified the policy, a
court held it violated the Fair Housing ActÕs ban on discrimination on the
basis of familial status.
Question: Can a landlord retaliate against me by
trying to evict me if I challenge my landlord's illegal policies?
Answer: No.
Tenants who
wanted to become foster parents sought permission from their landlord to have
children live in their second-floor apartments, but the landlord refused,
explaining that children were permitted only in first-floor units. The tenants
were evicted when they sought to have the discriminatory policy changed. This retaliation against an attempt to
exercise rights under the Fair Housing Act violated the Act.
Question: Do rules directed
specifically at children always constitute familial status discrimination?
Answer: No.
A tenant
being evicted argued the landlord violated the Fair Housing Act by imposing
rules restricting where children could play in mobile home park, when they were
to be accompanied by an adult, where they could ride bicycles, and later
banning bicycles altogether. The court found that the rules were set for the
safety of the children after several incidents involving children and bicycles,
and so were lawful.
physical
or mental disability
THE
LAW. To be protected on the basis
of a disability, a person, or someone associated with him or her, must have a
physical or mental disability that substantially limits one or more major life
activities. The disabled must be afforded reasonable accommodations necessary
to allow them to use and keep a dwelling, and they have the right to make
reasonable modifications to it (generally at their own expense). Also, certain
newly-constructed multifamily dwellings must be physically accessible to the
disabled.
Question: Is it illegal for a
housing provider to discriminate using certain criteria, standards or
procedures that disqualify you on account of your handicap?
Answer: Yes, a provider cannot
hold you to a standard of performance or behavior to which other persons are
not held.
A housing
provider cannot presume that you are less likely to be qualified than persons
without handicaps. Likewise,
a provider cannot presume that you pose a greater threat to the health or
safety of others than do persons without handicaps. For example, it is a violation of the Fair Housing Act
for a provider to require housing applicants to prove that they are able to
live independently, if this has a discriminatory effect on persons with
disabilities. Another
example: The Act prohibits a
provider rule which refuses admission of persons with mental illnesses to
community residences.
Question: Does the Fair Housing
Act require a city to make exceptions to its zoning laws to allow a group home
for people with disabilities?
Answer: Yes, if it is reasonable and necessary
to afford disabled residents equal access to housing and the city lacks a good
reason to deny the exception.
In
certain circumstances, a city or town can violate the Act by zoning decisions
that exclude persons with disabilities.
This is particularly true where a request for a variance to a city
residential zoning law imposes only a minimal financial cost on the city for increased
municipal services, does not impact the integrity of the cityÕs housing scheme,
and creates no problems such as traffic congestion, noise or unwanted
population density.
Question: If you are being
discriminated against for being a former drug addict, can you be protected by
the Fair Housing Act?
Answer: Yes, as long as you are
not currently using or addicted to
illegal drugs.
The
Fair Housing Act defines ÒhandicapÓ to include having a record of impairment or
being regarded as having impairment, even if there is no current physical or
mental impairment substantially limiting a major life activity. That definition includes recovering
substance abusers. However, if you
are illegally using drugs at the time of the alleged discrimination, that means
that you are a current drug user and not ÒhandicappedÓ under the law.
Question: Can the Fair Housing
Act help me overcome a poor history as a tenant that was caused by my
disability?
Answer: Yes, a landlord may be required to give
you a chance to rent by offering you a reasonable accommodation.
For
example, an elderly woman with cerebral palsy and mental illness was denied
admission into a large apartment complex because she had a record of poor
housekeeping. The Fair Housing Act
requires a landlord to make reasonable accommodations in rules, policies,
practices or services if necessary for a disabled person to have an equal
opportunity to use and enjoy a dwelling. Because the woman had arranged for
increased home health and homemaker services to address the past problems, it
was reasonable for the landlord to overlook her past house-keeping problems.
After filing a complaint of discrimination with HUD, the woman was able to
negotiate a settlement in which the landlord modified its policy, and allowed
her to move into the apartment.
Question: What inquiries can a
housing provider make about your disability?
Answer: If you are a prospective buyer or
renter, the provider cannot legally ask whether you have a handicap, nor can
they ask about the nature or severity of a handicap or ask to see your medical
records. It is legal to ask
certain questions related to disability if the provider asks these questions of
all applicants, whether they have a disability or not.
These
acceptable questions include inquires into:
á Your ability to meet the
requirements of ownership of tenancy.
á Whether you are a
current illegal abuser or addict of illegal drugs.
á Whether you have any
drug convictions.
á Whether you are
qualified for dwelling available only to persons with handicaps or with a
particular type of handicap.
Under
a different law, public housing authorities are allowed to ask an applicant
whether he had ever undergone drug treatment and to sign a form releasing drug
treatment records.
Question:
When do I have a right to ask a landlord or other housing provider for a
reasonable change or exception to the rules, policies, practices or services?
Answer: Whenever this is necessary to use or enjoy your dwelling, and your request or
an accommodation is reasonable.
Examples:
á
A
landlord must honor a request of a person with a mobility impairment to move to
a lower floor apartment.
á
A
landlord must waive guest fees otherwise charged for a tenantÕs home health
care aide.
á
A Òno
petsÓ policy cannot be used to prevent a blind housing applicant to have a
seeing-eye dog.
á
A
mentally ill tenant may have the right to postpone an eviction hearing until
she is out of the hospital and able to understand the proceedings.
The
Òreasonable accommodationÓ requirement applies not just to your dwelling unit,
but also to lobbies, main entrances, laundry rooms, and other common areas.
Question:
What dwellings must be designed and constructed so they are readily accessible
to persons with disabilities?
Answer: Any building first occupied (by anyone) after March 13, 1991, having 4 or
more units (all units must be accessible in elevator buildings, in others, only
ground floor units must be accessible).
The
law imposes some very specific Òadaptive designÓ requirements, mostly favoring
persons with mobility impairments.
These requirements require that the following be accessible: an entrance on an accessible route,
doors, interior routes, environmental controls such as outlets and thermostats,
as well as bathrooms and kitchens.
Copies of the applicable standards are available from the U.S. Dept. of
Housing and Urban Development.
Question: Can the
Fair Housing Act protect someone whose disability causes behaviors people
object to?
Answer: Yes, if a reasonable
accommodation would resolve the behaviors.
For
example, a landlord tried to evict a tenant for screaming at an elderly fellow
resident and calling him names. The tenant suffered from a mental illness that
caused him to have outbursts. The
Act permits a landlord to evict the tenant if he poses a Òdirect threat to the
health or safetyÓ of other individuals or their property. But before the
landlord could exclude the tenant as a Òdirect threat,Ó it had to consider whether a
Òreasonable accommodationÓ in rules, policies, practices, or services that
could eliminate the risk.
You
have one year after the discrimination occurred or ended to file your complaint
with HUD or the Illinois Department of Human Rights. To
make a complaint, call the U.S. Department of Housing and Urban Development at 1-800-765-9372
or visit the HUD website at http://www.hud.gov/complaints/housediscrim.cfm. Or call the IDHR at 1-800-662-3942 or (217)
785-5100.
You have 60 days after the discrimination occurred or is
discovered to file your complaint with the City of Galesburg Human Relations
Commission. To make a complaint locally, call
the City of Galesburg Human Services Coordinator at (309)
345-3634.
For more
information about your rights, visit www.pslegal.org
or www.illinoislegalaid.org.
Low-income persons and senior citizens with civil legal problems in
Knox, Fulton, Warren, McDonough, and Henderson counties can call Prairie State
Legal Services at (309) 343-2141.
Produced
by The Fair Housing Education Project of Prairie State Legal Services, Inc.,
funded in part from a grant from the U.S. Department of Housing and Urban
Development.
02/06/02