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"Audit find Napa Latino renters face discrimination, " Cristina de Leon-Menjivar, NVR

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Fair HousingØ

What does "Fair Housing" mean?

Fair Housing is the term for the laws in place to protect against discrimination in housing on the basis of the protected classes defined within local, state, and federal statute.

What types of housing are covered by State and Federal Fair Housing Laws?

Any Residential Property or Vacant Land
This includes: Houses, Apartments, Houseboats, Transitional Housing and Homeless Shelters, Migrant Farm-worker Housing

What types of Housing transactions are covered by these laws?

All Housing Related Transactions
This includes: Sales, Rentals, Mortgage Lending and Insurance,
Related Services, Operations and Facilities
Maintenance and Repairs
Rules and Policies of Homeowner or Mobile Home Park Associations
Land Use and Zoning

Exemptions (State of California)

Single family home sold or rented by owner-occupant without the use of an agent or sales person
Residing within another person’s home
Some senior housing can restrict occupancy by children or age

Protected Classes

Federal	California
Race Color Religion National Origin Sex Disability Familial Status	Age Ancestry Sexual Orientation Medical Condition Marital Status Arbitrary Characteristics Source of Income

Discriminatory Acts

Refusal to rent, sell, lend, or insure
Refusal to negotiate
Falsely represent that housing is not available
Steering
Discriminatory Advertising

Discriminatory Practices

Refusal to rent, lend, insure or lease
Different Terms or Conditions
Discriminatory Oral or Written Statements
Retaliation
Intimidation, Coercion, or Interference

Disability and Fair Housing

Disability is defined as a mental or physical impairment that limits a major life activity
Discrimination based on disability can also occur where there is:
The perception of a disability
The association with a disabled person

Design and Construction Standards in New Construction Multifamily Housing

Reasonable Modifications
Physical changes to structure or property
Landlord must permit reasonable changes
Minimal expense to the landlord, otherwise paid for by renter
Renter may need to restore interior of unit when leaving

Reasonable Accommodations

An exemption or exception from a rule, procedure or policy (i.e., a no pets policy)
No “undue burden” on landlord.
Generally little or no expense to the landlord

Accommodation / ModificationRequirements

The tenant is disabled
A request is made OR the housing provider is on notice that the tenant is disabled
There is a connection (nexus) between the request and the disability
The request is reasonable

Seven Elements ofDesign and Construction

Accessible public & common use areas
Accessible doors
Accessible routes
Reachable light switches and controls
Wall reinforcements for grab bars
Usable kitchens
Usable bathrooms

Enforcement

State Administrative Enforcement
California Dept of Fair Employment and Housing (DFEH)
Ph: 1-800-233-3212

Federal Administrative Enforcement
US Dept of Housing and Urban Development (HUD )
Ph: 1-800-233-3212

Statutes of Limitations

Administrative Enforcement (HUD or DFEH)
Within 1 year of the most recent discriminatory event.

Litigation
Within 2 years of the most recent discriminatory event.

Standing

Who Can File a Complaint or Lawsuit?
Any “aggrieved person” may file (any person who has been harmed or is about to be harmed)
More than 1 entity or person can file on the same case

Relief for Victims

Housing previously denied
Reimbursement of out-of-pocket expenses
Cease and desist orders
Reasonable attorney fees and costs
Civil penalties
Court-ordered punitive damages
Fair Housing Napa ValleyServices
Housing Providers
Review of Policies and Practices
Mediation and Conciliation of Disputes
Training and Education Regarding Discrimination in Housing

Fair Housing Napa Valley Services

Victims of Discrimination Education of Rights and Responsibilities
Review of Complaints to Establish Fully Jurisdictional Cases
Investigation of Complaints Including Testing, Witness Statements and Surveys
Complaint Preparation for Administrative Enforcement and/or Litigation
Conciliation and Advocacy
Complaint Monitoring

Fair Housing Napa Valley