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Info about Fair Housing in Maryland - including housing discrimination, hate crimes, affordable housing, disabilities, segregation, mortgage lending, & others. http://www.gbchrb.org. 443.347.3701.
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Attorney General Anthony G. Brown has filed an amicus brief urging the Maryland Supreme Court to hear Hare v. David S. Brown Enterprises, Ltd., to protect fair housing rights under the HOME Act and prevent discrimination against low-income Marylanders using Housing Choice Vouchers. The brief urges the Court to grant a writ of certiorari to hear the case and protect the fair housing rights of Marylanders. The outcome of this Supreme Court decision could set a significant precedent for how income requirements are applied in housing practices across the State.
Maryland enacted the HOME Act in 2020, joining 22 states and over 40 municipalities in outlawing housing discrimination based on source of income. The legislation was designed to protect marginalized groups such as people of color, families with children, and individuals with disabilities.
This includes participants in the federal Housing Choice Voucher program, which subsidizes rents for nearly 50,000 Maryland low-income families. Eligible families receiving assistance pay 30% of their income toward rent and utilities, with the remaining rent paid by a separate contract with local government agencies.
The case of Hare v. David S. Brown Enterprises, Ltd. involves an appeal from Katrina Hare, an elderly, disabled, African-American woman who receives Supplemental Security Income and uses a Housing Choice Voucher to afford housing. Hare was denied housing by David S. Brown, Ltd. because she did not meet its minimum income requirement of $47,700 a year, even though her Housing Choice Voucher would have covered all but $126 of rent. The Baltimore County Circuit Court ruled that this denial was not discrimination and granted summary judgment in favor of David S. Brown Enterprises, Ltd. Hare appealed that decision to the Maryland Appellate Court and has requested that the State's Supreme Court hear the case (she petitioned for a writ of certiorari) before the Appellate Court issues its opinion.
The Attorney General’s brief supports Hare’s petition to the Maryland Supreme Court, and requests the Court to hear the case and rule that David S. Brown Enterprise, Ltd. applied its minimum income requirements that illegally discriminates against prospective tenants who, like Hare, use Housing Choice Vouchers. The brief also details the legislative history of the HOME Act and emphasizes the intent of the General Assembly to protect Housing Choice Voucher participants from the type of housing discrimination in this case.
Read the September 9, 2024 The Moco Show article.
Read the September 6, 2024 Franklin County Free Press article.
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In recognition of the 34th anniversary of the Americans with Disabilities Act and the 25th anniversary of the Supreme Court's Olmstead v. L.C. decision, the U.S. Department of Housing and Urban Development (HUD) has announced new policy actions aimed at enhancing community living options for people with disabilities. These changes provide public housing agencies (PHAs) with new flexibilities to better utilize Mainstream Vouchers, a critical federal program offering rental assistance to non-elderly persons with disabilities.
Key updates include extended housing search times, the removal of residency preferences for voucher recipients, and new options for PHAs to prioritize direct referrals from healthcare and disability agencies. These changes aim to address barriers in the housing search process and strengthen partnerships that support independent living for people with disabilities.
The Mainstream Voucher waivers and alternative requirements announced today help address some of the barriers to housing search among non-elderly people with disabilities identified in a study published by HUD on June 27, 2024. The study, “Housing Search Assistance for Non-Elderly People with Disabilities,” found that people with disabilities face various challenges in searching for housing. They have difficulty securing services and supports before their voucher expires, navigating the housing search process and overcoming screening requirements, accessing reasonable accommodations or necessary modifications that are more than what a landlord is required to provide, and covering moving and initial living expenses.
HUD has expanded the Mainstream Voucher program by over 20,000 vouchers under the Biden-Harris Administration, furthering efforts to make accessible and affordable housing a reality for all.
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The Fair Housing Justice Center (FHJC) and the New York City Commission on Human Rights (Commission) have just made a groundbreaking settlement agreement with the operators of 6,000 rental apartments in the Bronx.
The settlement resolves FHJC’s claims of source of income discrimination against Respondents Parkchester Preservation Company, LP, and Parkchester Preservation Management LLC who own and manage rental apartments at the Parkchester housing development in the Bronx. The complex has 171 buildings with over 12,000 apartments including almost 30,000 residents.
Originally filed by the FHJC with the Commission in 2016, the complaint was based on a year-long FHJC testing investigation which revealed that the Respondents maintained and enforced an income requirement for rental applicants which excluded renters with housing subsidies for their rent. Housing providers in New York City are required to accept Rental vouchers are a lawful source of income protected under the New York State Human Rights Law and the New York City Human Rights Law.
The Commission joined with FHJC’s complaint by filing its own systemic discrimination complaint. The respondents' dismissal motions were denied, and Parkchester agreed to eliminate its minimum income requirement and rent at least 850 apartments to applicants with rental subsidies. They also agreed to pay damages and, as needed, rent apartments to eight individual renters with complaints filed at the Commission. In addition, Respondents agreed five years to:
They also agreed to pay over $2.2 million dollars in a civil penalty, damages, and attorneys fees. The Commission approved the final agreement on August 21st. The FHJC settlement can be read HERE.
FHJC was represented by Diane L. Houk, Vivake Prasad, and Eric Abrams of the law firm of Emery Celli Brinckerhoff Abady Ward & Maazel LP. The FHJC’s investigation in this case was supported with funding from a Private Enforcement Initiative (PEI) grant received from the Fair Housing Initiatives Program (FHIP) administered by the U.S. Department of Housing and Urban Development (HUD).