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Thursday, May 2, 2024
Maryland Biennial Civil Rights & Fair Housing Gala will be on August 24, 2024
Wednesday, April 10, 2024
HUD Charges Luxury Condominium in Puerto Rico with Violating the Accessibility Requirements of the Fair Housing Act
The U.S. Department of Housing and Urban Development (HUD) has charged the architectural firm, the general contractor, and the owners for failing to design and construct Quantum Metrocenter Condominiums (“QMC”) in San Juan, Puerto Rico, in accordance with the accessibility requirements of the Fair Housing Act (“Act”) based upon a complaint started by HUD. HUD has also charged some of them with failing to approve a reasonable accommodation request made by two residents due to the inaccessible design and construction features of QMC. Read the Charge. The Act requires multifamily housing built after March 1991 to have accessible features for people with disabilities. The Act also prohibits discrimination because of disability, including refusing to allow reasonable accommodations that would otherwise permit homeowners with disabilities an equal opportunity to use and enjoy their housing. HUD’s Charge of Discrimination alleges that the charged failed to include accessible building entrances on accessible routes, accessible and usable public and common use areas, usable doors in units, accessible routes in units, accessible thermostats, reinforced walls for grab bars in bathrooms, and usable kitchens and bathrooms for persons with disabilities, especially those in wheelchairs, in the 80-residential unit two-tower buildings. The Charge also alleges they failed to approve a reasonable accommodation request for an accessible parking space, which would have allowed persons with disabilities to have better use of their units and the common area features of QMC, even while continuing to have to endure other inaccessible design and construction features. A US Administrative Law Judge will hear HUD’s charge unless any party elects to have the case heard in Federal district court. If the Administrative Law Judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the resident for his losses as a result of the discrimination; injunctive relief and other equitable relief to deter further discrimination; payment of attorney fees; and civil penalties to vindicate the public interest. If the Federal court hears the case, the Judge may also award punitive damages to the resident. To assist residential unit owners and professionals, HUD began its Fair Housing Accessibility FIRST (FIRST) initiative to promote compliance with the Fair Housing Act design and construction requirements. The program offers comprehensive and detailed instruction programs, useful online web resources, and a toll-free information line for technical guidance and support. Housing providers can learn more about the FIRST program here. Anyone who believes they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing providers and others can learn more about their responsibility to provide reasonable accommodations for individuals with disabilities here and about accessibility requirements for multifamily housing here. Additional information is available at www.hud.gov/fairhousing. ***** |
Tuesday, April 2, 2024
HUD Commemorates April as National Fair Housing Month
Adrianne Todman, Acting Secretary of the U.S. Department of Housing and Urban Development (HUD), released the following statement in commemoration of Fair Housing Month and the signing of the Fair Housing Act of 1968, which prohibits discrimination on the basis of race, color, national origin, religion, sex (including sexual orientation and gender identity), disability, and familial status. “For more than half a century, the federal government has sought to end discrimination in housing through enforcement of the Fair Housing Act. Under the Biden-Harris Administration, the Department of Housing and Urban Development takes its responsibilities under that law and other civil rights laws very seriously and works diligently to ensure people have full access to housing that meets their needs,” said HUD Acting Secretary Adrianne Todman. “Everyone in this country deserves to live free from discrimination, bias, and danger. This Fair Housing Month, we are recommitting ourselves to the important work of protecting individuals and families across America from harm.” This year’s Fair Housing Month theme, Fair Housing: The ‘Act’ in Action, underscores the Biden-Harris Administration’s commitment to combating discrimination in housing, protecting fair housing rights for all who call America home, and redressing our nation’s past discriminatory policies and practices. "This April, we reflect on the hard-fought battle for fair housing and recommit efforts to eliminate discrimination and disparities in housing across our country” said Demetria L. McCain, Principal Deputy Secretary for Fair Housing and Equal Opportunity. “This month and every month, HUD is taking meaningful action to advance housing justice and protect the rights of all people to live free from discrimination in the homes of their choice, regardless of their race, color, religion, national origin, sex (including sexual orientation or gender identity), disability, or familial status.” Each April, HUD recognizes Fair Housing Month alongside communities, fair housing advocates, and fair housing organizations to underscore the significance of the Fair Housing Act, raise public awareness of fair housing rights and responsibilities, highlight fair housing enforcement efforts, and emphasize the importance of creating diverse and inclusive communities. HUD will commemorate Fair Housing Month with an Opening Ceremony on April 11, 2024, at 2:00 P.M. (EDT), that will showcase HUD’s efforts to advance and protect fair housing rights to ensure that all people have the right to obtain the housing of their choice, free from discrimination. Register to attend the Fair Housing Month Opening Ceremony here. There is no cost to register. For a complete listing of HUD Fair Housing Month events and activities, visit: https://www.hud.gov/FHM People who believe they have experienced discrimination may file a complaint by contacting HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 877-8339 (Relay). Housing discrimination complaints may also be filed by going to hud.gov/fairhousing. For additional information including educational materials for residents, housing providers and others, visit https://www.hud.gov/ |
Thursday, March 21, 2024
Maryland Fair Housing Forum is on April 18th
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Tuesday, March 19, 2024
April is National Fair Housing Month! Opening Ceremony is April 11th.
This April, HUD is commemorating the 56th anniversary of the Fair Housing Act, the landmark civil rights law signed by President Lyndon B. Johnson on April 11, 1968, that made discrimination in housing transactions unlawful. The theme of this year’s Fair Housing Month is "Fair Housing: The ‘Act’ in Action."
Please join us virtually on Thursday, April 11, 2024, at 2:00 P.M. (EDT) for this year’s Fair Housing Month Opening Ceremony, hosted by the Office of Fair Housing and Equal Opportunity (FHEO). Please sign up to attend here.
This virtual event will highlight HUD’s progress toward protecting and expanding fair housing rights for all. Our program will include remarks from the Principal Deputy Assistant Secretary for FHEO, Demetria McCain; the Deputy Assistant Secretary for Policy, Legislative Initiatives, and Outreach, Melody Taylor; and the President and CEO of the Lawyers' Committee for Civil Rights Under Law, Damon Hewitt.
For additional information, visit the Fair Housing Month 2024 Website or follow us on X and Facebook.
FHEO Technical Assistance
- HUD and FHEO are continuously developing technical assistance materials, resources, and trainings to educate housing consumers and providers on their fair housing rights and responsibilities. You can view all HUD training opportunities here.
During Fair Housing Month 2024, FHEO is highlighting its efforts to provide fair housing education to our stakeholders. Click the links below to view these recently developed technical assistance resources:
- Assistance Animals and Fair Housing: Navigating Reasonable Accommodations Webinar
- Data and Fair Housing Planning: AFFH-T Video Series
- Fair Housing Act’s Familial Status Protections Webinar
- OHC and FHEO Conference - Fair Housing 2021: What Counselors Need to Know
- Preventing Sexual and Other Discriminatory Harassment in Housing
- Respondent’s Obligations Toolkit
- LGBTQIA+ Fair Housing Toolkit
HUD FHEO Talk Talks Series
The FHEO Talk Talks Series provides the Agency with the opportunity to strengthen its partnerships with leading community stakeholders and inform HUD’s mission to ensure fair housing for all.
The series was developed in accordance with President Biden’s Executive Order on Advancing Racial Equity and Support for Underserved Communities through the Federal Government. It covers topics related to fair housing and racial equity and includes discussions with experts, practitioners, leaders, and social justice activists engaged in work relevant to fair housing opportunities. To learn more or view previously recorded episodes of the FHEO Table Talks Series, please visit HUD’s YouTube channel.
HUD proudly remains committed to expanding and protecting fair housing rights for future generations to come. We hope you will join us to make our progress towards achieving housing equity for all who call America home.
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Source: HUD email, March 19, 2024.
Monday, March 18, 2024
Urge Your Maryland Senator to Vote Yes on SB57 to Support Fair Housing
SB57 has passed through second reader! This bill would carve a narrow exemption in two party consent law to allow fair housing testers to record their testing interactions in accordance with the Federal Department of Housing and Urban Development's testing recommendations.
39 other states allow one-party recordings for fair housing testing. All of the states that have had large fair housing court settlements have relied on recordings. SB57 will strengthen Maryland’s ability to enforce its fair housing laws. SB57 is on its third and final reader in the Senate TODAY. Take one minute to contact your senator and ask them to vote YES on SB57.
Click HERE to urge your State Senator to support SB57!
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Source: Economic Action Maryland email, March 18, 2024.
Thursday, February 29, 2024
The Difficult Problem of Fighting Source of Income Discrimination
Over 2 million low-income families use Section 8 housing vouchers to cover their rent. The program is one of the federal government’s most effective, keeping more than 5 million individuals housed. Nationally, all vouchers are getting used. But housing voucher discrimination limits where exactly recipients can live. A household with a voucher sometimes discovers that the only willing landlords are in unsafe neighborhoods, or that they must need to move into a different school district to use the voucher. There also are a number of landlords who say that the reason why they're not renting to someone is because of the voucher when really it is because of their racial discrimination or discrimination on the basis of disability.
To combat this, 17 states and dozens of cities and counties ban source-of-income discrimination covering almost 60% of renters. Enforcement of these laws, though, is lacking or spotty in many places. The best systems for enforcement include well-publicized outreach to property owners and the real estate community to inform them of the law and their obligations.
The most powerful method of enforcement involves “testing,” in which a government agency or nonprofit organization submits two very similar rental applications to a property owner, with one application including a housing voucher and the other without. Authorities than can determine if discrimination possibly is suspected, and proceed with enforcement. Subsequent publicizing of those results and getting public judgments is important to show other property owners that the city or state is serious about voucher discrimination enforcement.
However, such testing is expensive. Funding for housing discrimination testing comes primarily from HUD, which until February 12, 2024, did not give funding to its funded agencies to do sources-of-income discrimination investigations. This decision to fund HUD recipients is a positive development. Unfortunately, most agencies and nonprofits do not receive HUD funding, and cannot do testing because of the cost. Commitment and action by these authorities is also needed to reduce this stubborn problem.
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Read the Route Fifty January 31, 2024 article.
HUD Increases Efforts to Reduce Source of Income Discrimination
HUD recently took an important step forward to protect families with vouchers, authorizing the use of federal Fair Housing Assistance Program (FHAP) funds by state human rights agencies for testing and investigation of source of income discrimination cases. This follows a similar 2021 memo authorizing source of income discrimination testing and investigations at HUD funded fair housing centers.
Specifically, HUD informed organizations and agencies funded under HUD’s Fair Housing Assistance Program (FHAP) that funding can be used to support "source of income testing activities, source of income testing projects that are designed to uncover discrimination that violates the Fair Housing Act or substantially equivalent state or local fair housing laws.
In addition, HUD informed Fair Housing Initiatives Program (FHIP) grantees that FHEO will approve and pay for FHIP testing activities as long as they are designed to identify violations of the Fair Housing Act, whether they be instances of intentional discrimination, discrimination with unjustified discriminatory effects or less discriminatory alternatives, refusals to grant reasonable accommodations for persons with disabilities, or cases where discrimination erodes compliance with the duty to affirmatively further fair housing. Some state and local fair housing laws, which have been deemed by HUD as substantially equivalent to the federal Fair Housing Act, may include “source of income” or the like as a protected class. Testing for discrimination because of someone’s source of income could be funded with FHIP PEI funds because such discrimination can violate the Fair Housing Act.
This memorandum also clarifies that FHAP funds can be used to conduct source of income testing activities to detect discrimination that may violate the Fair Housing Act or substantially equivalent state or local fair housing laws.
In accordance with 24 C.F.R Part 115, FHAP agencies are permitted to use HUD funds to enforce substantially equivalent local or state laws. FHAP agencies may use FHAP funds to conduct source of income testing as an investigative tool in processing dual-filed complaints. FHAP funds may also support source of income testing activities as part of special enforcement efforts, partnerships initiatives, or other fair housing projects developed by FHAP agencies to enforce state or local fair housing laws.
HUD said that it is doing this because one specific type of source-of-income discrimination - based on someone’s use of a Housing Choice Voucher (HCV) - remains extremely high. This is important particularly because the HCV program is HUD’s primary program to assist very low-income families, elderly persons, and individuals with disabilities to afford decent, safe, and sanitary housing in the private housing market. Under the law, HCV participants can apply to any housing meeting HCV requirements are not located in subsidized housing projects. In practice, housing providers - especially those with units in low-poverty, well-resourced neighborhoods - often refuse to rent or sell to voucher holders. And because households who use HCVs are disproportionately Black, Hispanic, people with disabilities, families with minor children, and female-headed households, discrimination against voucher holders can violate the Fair Housing Act’s prohibition on discrimination because of protected characteristics, including but not limited to race, color, national origin, sex, disability, and familial status.
HUD regards fair housing testing as a critical investigative tool because it effectively detects hidden disparate treatment in housing practices. However, the Department urges FHAP agencies to not limit their testing and enforcement programs to intentional discrimination. HUD encourages testing activities designed to identify discrimination that violates the Act - through disparate treatment or unjustified discrimination.
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Read HUD's February 12, 2024 Source of Income Discrimination Memorandum.
Friday, February 23, 2024
20 Boston-area landlords & property companies sued for discrimination
Housing Rights Initiative (HRI), a nonprofit housing watchdog group, has sued 20 Boston-area property companies and real estate brokers for allegedly discriminating against low-income tenants. The lawsuit, brought by the Lawyers for Civil Rights (LCR) and Handley Farah & Anderson, alleges landlords and brokers refused to rent to tenants with government-subsidized housing vouchers - which is illegal in Massachusetts. This is the first of its kind in Massachusetts.
The suit, filed in Suffolk Superior Court, includes photos of alleged conversations in which landlords and property brokers appear to tell prospective tenants they do not accept the vouchers. "One takeaway from our year-long investigation is that housing discrimination is alive and well in Boston," said Aaron Carr, HRI founder and executive director. He said the defendants named in the suit represent only "the tip of a very discriminatory iceberg," claiming many other landlords and brokers engage in similar practices.
The trade association MassLandlords commented that the state should provide better training to landlords on navigating housing laws and help simplify the process of renting to those with housing vouchers. None of the defendants appear to be members of the association.
HRI has brought similar lawsuits against real estate companies in New York City. "This is a national issue," Carr said, "but in Boston it seems particularly pronounced, which makes sense because Boston has a very tight market and in tight markets a lot of times you see shenanigans like this one."
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Read the February 21, 2024 WBUR article.
Click here to download the complaint.