Click on any of the subjects below to go to that section:
General Information on Fair Housing
Advertising and Fair Housing
Disability and Fair Housing
Families with Children and Fair Housing (Familial Status)
Gender Identification Discrimination Definition
Transgender Law Center publication AB 196
Sexual Orientation
State of California Dept. of Justice
Sexual Harassment and Fair Housing
Sexual Harassment
Gender Identification Discrimination
Homelessness
Landlord/Tenant Rights
Lending/Predatory Lending
National Origin & Fair Housing
Immigration Status
Limited ability to Speak or Write English
General Information on Fair Housing
• Fair Housing Statute and CFR References at:
http://www.fairhousing.com/index.cfm?method=page.display&pageid=605
• Fair Housing: It's Your Right: HUD booklet which explains the basics of the
Federal Fair Housing Act.
o English: http://www.hud.gov/offices/fheo/FHLaws/FairHousingJan2002.pdf
o Spanish: http://www.hud.gov/offices/fheo/FHLaws/yourrights_sp.pdf
• Federal Fair Housing & Civil Rights Laws: http://www.hud.gov/offices/fheo/
• HUD Fair Housing News (newsletter): For the latest information on HUD's fair
housing program and fair housing cases, go to:
http://www.hud.gov/offices/fheo/library/newsletters.cfm
• HUD Guidance to Federal Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited
English Proficient Persons:
http://www.hud.gov/offices/fheo/FHLaws/EXO13166.cfm
• HUD Memo on Community Development Block Grants & Fair Housing:
http://www.hud.gov/offices/cpd/communitydevelopment/programs/
• HUD Memos on First Amendment Issues and Fair Housing:
PDF-2005 1st Amendment Memo.pdf and
http://www.fairhousing.com/index.cfm?method=page.
display&pagename=HUD_resources_hudguid4
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Advertising & Fair Housing
With a few exceptions, advertisements for sale or rental housing may not express preferences or limitations even if the property is exempt from housing discrimination laws. In general, advertisements which use explicit words which refer or relate to protected classes in connection with describing the dwelling, landlord, tenants, or neighborhood will be found to violate the law. Contact a local Fair Housing Agency, the California Department of Fair Employment and Housing or HUD with any questions.
The three most common exemptions involve 1) qualified senior housing, 2) shared housing, and 3) affirmative marketing. Advertisements for the sale or rental of dwellings qualifying as housing for older persons (55 or 62 depending on the designation) may indicate a limitation based on age only. Advertisements for educational dormitories and a single unit with shared living areas advertising for a roommate may indicate a preference based on sex (gender) only.
An affirmative marketing campaign can make reference to protected classes to remedy prior marketing discrimination or to attract persons that are not otherwise expected to apply. Examples of this are advertising units that are accessible to persons with a particular disability or an effort to integrate a segregated neighborhood.
• Advertising - HUD Memo on Advertising (commonly called the Achtenberg Memo):
http://www.hud.gov/offices/fheo/library/part109.pdf
• HUD Advertising Appendix Part 109:
http://www.hud.gov/offices/fheo/library/part109.pdf (Please note that this Appendix
was withdrawn by HUD but is still used by HUD for guidance and for recommendations
of policy.)
• HUD Logo: If you're interested in downloading a HUD logo for advertisements, go to:
http://www.hud.gov/library/bookshelf11/hudgraphics/fheologo.cfm
• HUD Memo on Internet Advertising:
http://www.hud.gov/offices/fheo/library/Guidance-InternetAds.pdf
• View Fair Housing Statute and CFR References (including advertising) at:
http://www.fairhousing.com/index.cfm?method=page.display&pageid=605
• Suggested Readings by Robert G. Schwemm:
➢ Why Do Landlords Still Discriminate (and What Can Be Done About It)?
➢ Barriers to Accessible Housing: Enforcement Issues in Design and Construction Cases
Under the Fair Housing Act
➢ Seniors and the Fair Housing Act
➢ Cox, Halprin, and Discriminatory Municipal Services under the Fair Housing Act
➢ Strader v. Graham: Kentucky's Contribution to National Slavery Litigation the
the Dred Scott Decision
To review these articles click:
http://papers.ssrn.com/sol3/results.cfm?RequestTimeout=50000000
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Disability & Fair Housing
Federal fair housing laws define disability as a condition that “substantially” limits a major life activity. California’s definition is much less rigorous since the word “substantially” has been dropped. Under the State of California statute disability is defined as a condition the limits a major life activity.
• Fair Housing Accessibility FIRST: HUD funded project which provides training and
resources on the Fair Housing Act Accessibility Requirements.
http://www.fairhousingfirst.org/
• Fair Housing and Disability Video DFEH: The video is produced by the State
of California and can be viewed at:
http://www.dfeh.ca.gov/DFEH/Publications/fairHousingVideo.aspx
• Fair Housing Act Design Manual: Great HUD resource regarding accessibility
requirements for multi-family properties built for first occupancy after March 13, 1991:
http://www.huduser.org/publications/destech/fairhousing.html
• HUD Fair Housing/Disability Study: HUD STUDY SHOWS PEOPLE WITH
DISABILITIES FACE DISCRIMINATION IN UP TO HALF OF RENTAL INQUIRIES -
New study the most comprehensive disability housing discrimination study
conducted.
http://www.huduser.org/Publications/pdf/DDS_Barriers.pdf
• Multiple Chemical Sensitivities: HUD Memo on when a Multiple Chemical Sensitivity
Disorder meets the definition of disability and would be protected under Fair
Housing Laws
http://www.fairhousing.com/include/media/pdf/mcsd.pdf
• Reasonable Accommodations/Modifications
Both the Federal Fair Housing Act (FHA)and California Fair Housing statutes require
housing providers make reasonable changes to the property (modification) or
change in rules, policies, practices or services (accommodations).The goal is to
enable a person with a disability to have an equal opportunity to use and enjoy a
dwelling unit and the common areas in a housing complex.
When asking for a reasonable accommodation/modification there should be a link
or “nexus between the disability and the request. The person requesting the
accommodation should be prepared to independently demonstrate that he or
she has a disability, but need not disclose a diagnosis or provide a full
medical history.
• MSWord form that can be used to request a Reasonable Accommodation
from a Landlord.
• Adobe Reader form that can be used to request Reasonable Accommodation from
a Landlord.
• Fairer Housing for People with Disabilities: Securing an In-Place Tenant’s Right to
Reasonable Accommodation, by Liam Garland. Clearinghouse REVIEW Journal
of Poverty Law and Policy, January–February 2007. Liam Garland. This article has
a good overview of common reasonable accommodation requests.
http://www.povertylaw.org/clearinghouse-review/issues/2007/jan-feb-2007/garland
• Bazelon Center for Mental Health Law Fact Sheets: Bazelon has a number of fact
sheets available on issues involving reasonable accommodations.
http://www.bazelon.org/issues/housing/infosheets/index.htm
• HUD-DOJ Joint Statement on Reasonable Accommodations Under the Fair
Housing Act:
http://www.nls.gov/offices/fheo/library/huddojstatement.pdf
• HUD-DOJ Joint Statement on Reasonable Modifications Under the Fair
Housing Act:
http://www.usdoj.gov/crt/housing/fairhousing/reasonable_modifications_mar08.pdf
• HUD Guidance Memo on Insurance Coverage and Reasonable Accommodation:
http://www.fairhousing.com/include/media/pdf/insuranceguidance.pdf
• HUD Guidance Memo on Requests for Exception Payment Standards for
Person with Disabilities as a Reasonable Accommodation: Memo outlines
when a person with a disability can make a request for a reasonable accommodation
for an increased payment amount through the housing assistance program. (An
example may include when it relates to the need for accessible housing and
being unable to find within the fair market range.) For more information about
such requests, see:
http://www.hud.gov/offices/pih/publications/notices/08/pih2008-13.pdf
• Service Animals: Several materials are available:
• Companion Animals: Service Animals. Janush v. Charities Housing Development
Corp.,169 F.Supp.2d 1133, United States District Court, N.D. California, 2000.
http://www.animallaw.com/serviceanimals.htm
• Companion Animals and Service Animals. California Dept of Fair Employment
and Housing, April 3, 2007. Press Release and August 27, 2004, Auburn Woods
Homeowners Association v. Abdelfatah Elebiari
http://home.att.net/~providencepark2/Downloads2/DFEH
Companion_Animals_2004.pdf
• Bazelon Center, Right to Emotional Support Animals in "No Pet" Housing
http://www.bazelon.org/issues/housing/infosheets/fhinfosheet6.html
• HUD Rules on Pets in Elderly Housing (includes discussion of service animals
as well).
Published October 27, 2008 http://edocket.access.gpo.gov/2008/pdf/E8-25474.pdf
Families with Children & Fair Housing (Familial Status)
• Families with Children & Fair Housing:
http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm
• HUD Memo on Occupancy Standards (commonly called the Keating Memo):
http://www.fairhousing.com/index.cfm?
method=page.display&pagename=HUD_resources_keatingmmo
• HUD Guidance Memo on Conversion of Property to Housing for Older Persons:
http://www.fairhousingrights.org/Resources/Educational_Materials/HOPA/HOPA
%20_CFR_Part_100.pdf
• HUD Question & Answer Memo on Housing for Older Persons:
http://www.hud.gov/offices/fheo/library/hopa95.pdf
• HUD Occupancy Standard Manual for Subsidized Multifamily Housing Projects:
http://www.nls.gov/offices/adm/hudclips/handbooks/hsgh/4350.3/index.cfm
• Lead Based Paint Issues:
➢ EPA Booklet: Protect Your Family From Lead in Your Home.
http://www.epa.gov/lead/pubs/leadpdfe.pdf
➢ HUD Memo on Fair Housing & Lead Based Paint Disclosure
http://nhl.gov/offices/hsg/omhar/readingrm/environ/LPnotice10.pdf
Gender Identification Discrimination
Gender refers to whether a person is male or female. California statutes further protect, and include transsexuals and transgender persons who by their identity, appearance, and/or behavior appear to be of a different sex stereotypically associated with the person's assigned sex at birth.
TransGender Law Centers publication “AB 196: What it Means to You.
An information and resource fact sheet for transgender employees and tenants”
http://www.transgenderlawcenter.org/pdf/AB%20196%20Fact%20Sheet.pdf
Sexual Orientation
Sexual orientation generally refers to a person who identifies as heterosexual, gay, lesbian, or bisexual.
State of California Department of Justice
To review the State of California booklet that discusses sexual orientation and unlawful discrimination, please visit
http://ag.ca.gov/civilrights/pdf/01cr_handbook.pdf
Sexual Harassment & Fair Housing
Domestic Violence and Fair Housing
• ACLU Publication on "Fair Housing for Battered Women:
Preventing Homelessness Through Civil Rights Laws":
http://www.aclu.org/pdfs/fairhousingforbatteredwomen072806.pdf
• ACLU Publication on "Housing Discrimination and Domestic Violence":
http://www.aclu.org/womensrights/violence/33417res20071231.html
• ACLU Publication on "The Rights of Domestic Violence Survivors in Public
and Subsidized Housing":
http://www.aclu.org/pdfs/subsidizedhousingdv.pdf
• Domestic Violence & Fair Housing as published by the National Law Center:
English: http://www.nlchp.org/program_legislation.cfm?prog=3
Spanish: http://www.legalmomentum.org/our-work/domestic-violence/
know-your-rights-conozca-sus.html
• Domestic Violence and Assault: General Definition and State Law:
http://www.legalmomentum.org/our-work/domestic-violence/
state-law-guides.html
Sexual Harassment
• HUD Guidance on Sexual Harassment:
http://www.hud.gov/offices/fheo/library/questionsandanswers111708.pdf
• DFEH Fair Housing Fact Sheet: California Fair Housing Laws Protect You
From Sexual Harassment.
http://training.newmedialearning.com/emily/AB1825FinalRegulations.pdf
Gender Identification Discrimination
http://transgenderlawcenter.org/new/index.php/updates/press-releases/
california-legislature-approves-equal-id-act/140
Homelessness
• ACLU Publication on "Domestic Violence and Homelessness":
http://www.aclu.org/pdfs/dvhomelessness032106.pdf
• ACLU Publication on "Fair Housing for Battered Women:
Preventing Homelessness Through Civil Rights Laws":
http://www.aclu.org/pdfs/fairhousingforbatteredwomen072806.pdf
• HUD Homeless Resources:
http://portal.hud.gov/portal/page/portal/HUD/topics/homelessness
Landlord/Tenant Rights
• State of California Consumer Publication – Landlord/Tenant:
http://www.dca.ca.gov/publications/landlordbook/index.shtml
• Servicemembers Civil Relief Act: Special rights are provided under this Act for
service members in regard to housing lease termination and evictions.
For more info, go to:
US Department of Housing & Urban Development information:
http://www.hud.gov/offices/cpd/about/hudvet/library/scra.cfm
Servicemembers Civil Relief Act:
http://www.standingupforillinois.org/pdf/homefront/SCRA.pdf
HUD Veteran Resource Center (HUDVET)
http://www.hud.gov/offices/cpd/about/hudvet/
About.com's. Servicemembers Civil Relief Act, Simplified”:
http://usmilitary.about.com/cs/sscra/a/scra2.htm
Lending/Predatory Lending
• HUD Don't Be a Victim of Loan Fraud (brochure):
http://www.disasterhousing.gov/offices/hsg/sfh/buying/loanfraudbroc.pdf
• State of California, Office of the Attorney General: To file a complaint or research
information on mortgage rescue scams
http://www.dca.ca.gov/publications/landlordbook/index.shtml
• HUD Online Lending Information:
http://www.hud.gov/offices/fheo/lending/index.cfm
• Putting Your Home on the Loan Line is Risky Business:
English: http://www.federalreserve.gov/pubs/riskyhomeloans/default.htm
Spanish: http://www.federalreserve.gov/pubs/riskyhomeloans/
riskyspanish.htm
National Origin & Fair Housing
It is illegal for a landlord to deny housing or treat someone differently in a housing transaction because: 1) A person's name, appearance, accent, or participation in customs are associated with a nationality, or because of 2) A persons association with people of a particular national origin.
• US Dept of Justice (Pamphlet), Federal Protections Against National
Origin Discrimination
http://www.usdoj.gov/crt/osc/htm/Nat_Origin_Protections08.htm
• US Dept of Justice (Pamphlet), Protecciones Federales Contra la Discriminación por
Origen Nacional,
http://www.usdoj.gov/crt/legalinfo/natlorg_spanish.php
• Post 9/11 Forms of Discrimination and Information by US Dept of Justice:
http://www.usdoj.gov/crt/legalinfo/nordwg_brochure.html or
http://www.usdoj.gov/crt/legalinfo/discrimupdate.htm
Immigration Status
While not part of California State Fair Housing Law, it is illegal for landlords to require verification of immigration status for tenants or prospective tenants. Landlords may still require documentation that will determine or verify the financial qualifications of an applicant, or to verify the identity of a prospective tenant. However, they may not only specify documentation that relate to immigration status.
Determining Immigration Status: http://law.onecle.com/california/civil/1940.3.html
Limited Ability to Speak or Read English
• Limited English Proficiency (LEP) Guidance as issued by HUD:
http://www.lep.gov/guidance/HUD_guidance_Jan07.pdf
• HUD Limited English Profiency (LEP) Frequently Asked Questions:
http://www.hud.gov/offices/fheo/promotingfh/lep-faq.cfm
• HUD Translated Materials:
http://www.hud.gov/offices/fheo/promotingfh/leptranslated.cfm
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Fair Housing Napa Valley