1	FAIR HOUSING FOR PERSONS WITH DISABILITIES
2	What is the Fair Housing Act? In 1968, the Fair Housing Act was enacted to prohibit discrimination in private and public real estate transactions on the basis of race, color, religion, sex, and national origin. The statute was later amended in 1988 in order to extend its coverage to familial status and persons with disabilities.
3	What does the Fair Housing Act Do? The Fair Housing Act makes it unlawful to discriminate in the sale or rental of housing, or to discriminate in the terms, conditions, services or facilities provided because of a person’s membership to a protected class.
4	Who is Protected? Persons with a physical or mental impairment that substantially limits a major life activity, who have a record of such an impairment, or who are regarded as having such an impairment. Major life activities include caring for one’s self, breathing, walking, interacting with people, learning, digesting food, and seeing, among others.
5	1988 Amendments Contain 3 Exclusions current illegal use of or addiction to a controlled substance. 42 U.S.C. § 3602(h) direct threat to health or safety of other individuals or individuals whose tenancy would result in substantial physical damage to the property of others. 42 U.S.C. § 3604(f)(9) conviction for manufacture or distribution of controlled substance. 42 U.S.C. § 3607(b)(4)
6	What is a dwelling? The term dwelling includes any building occupied or intended to be occupied as a residence and any vacant land sold or leased for the construction of such a building.
7	What is a dwelling? Exclusions contained in 42 U.S.C. § 3603(b) & 24 C.F.R. §100.10( c): The Fair Housing Act does NOT apply to the sale or rental of single-family homes if the transaction is truly private (i.e. done without the assistance of a person professionally involved in the sale or rental of dwellings) and the owner/landlord owns three or fewer single family houses at one time.
8	Exception The dwelling contains four or fewer independent living quarters and the owner occupies one of the living quarters as his or her residence. The owner is not subject to the FHA. 24 C.F.R. § 100.10©(2)
9	Prohibition of Discriminatory Advertising Still Applies Even if the transaction is not covered by the FHA, the owner or landlord may not use any discriminatory advertising or notice in violation of the Act.
10	Discriminatory Housing Practices Refusal to Rent or Sell a Dwelling Steering Exclusionary Zoning Advertising Misrepresentation Blockbusting Failure to Make Dwellings Accessible to Persons with Disabilities Failure to Make reasonable modification to rules, policies, services or practices when necessary to allow a person with a disability equal opportunity to use and enjoy housing Financing Brokerage Services Coercion, Intimidation, Threats, or Interference
11	Reasonable Modifications to the Premises General Rule: A landlord must allow a person with a disability to make reasonable modifications to the premises at her/his own expense if such modifications are necessary to allow full use of the premises.
12	Reasonable Modifications to the Premises For example: A landlord must allow a person with a disability to install handrails in the bathroom as a reasonable modification NOTE: The landlord may require tenant to restore the premises to the condition that existed before modification, if that requirement is reasonable.The landlord may require payments into interest bearing escrow account to ensure restoration.
13	Reasonable Accommodations in Rules, Policies, Practices, or Services General Rule: A landlord must make reasonable accommodations in rules, policies, practices, or services when accommodations are necessary to afford an individual with a disability equal opportunity to enjoy or use a dwelling.
14	Reasonable Accommodations in Rules, Policies, Practices, or Services For Example: A landlord will be required to modify a “no pets” policy if the animal in question is a service animal.
15	NEWLY CONSTRUCTED MULTI-FAMILY HOUSING The Fair Housing Act establishes SEVEN design standards for all newly constructed, multi-family housing of four or more units ready for first occupancy on or after March 13, 1991.
16	Seven Accessibility Requirements: Accessible building entrance on an accessible route Covered dwellings must have at least one building entrance on an accessible route unless it is impractical to do so because of terrain or unusual circumstances of the site. 2. Accessible and Usable Public and Common Use Areas Public and common use areas must be accessible to and usable by persons with disabilities examples: parking spaces, laundry facilities, recreational facilities, ramps, playgrounds, rental offices, hallways, etc. 3. Usable Doors All doors designed to allow passage into and within all premises must be sufficiently wide to allow passage by persons in wheelchairs.
17	Seven Accessibility Requirements: 4. Accessible Route Into and Through the Covered Dwelling Unit There must be an accessible route into and through the dwelling units, providing access for persons with disabilities. 5. Environmental Controls in Accessible Locations Light switches, electrical outlets, thermostats, and other environmental controls must be placed in accessible locations throughout the premises within the dwelling unit. Reinforced Walls for Grab Bars Reinforcing in bathroom walls must be placed to allow later installation of grab bars around the toilet, tub, shower stall and shower seat. Usable Kitchens and Bathrooms Dwelling units must contain usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.
18	Who Can Be Sued Under the Fair Housing Act? Anyone or any entity engaged in conduct prohibited by the Fair Housing Act can be liable for violations of the law.
19	Who Can Be Sued Under the Fair Housing Act? Examples: TLandlords, apartment managers, management companies Financing entities such as banks, savings and loans, mortgage companies, and credit unions Homeowner associations such as condominium associations, cooperatives, and condominium association boards of directors, home owner associations Local , state, and the federal government in exclusionary zoning and subsidized housing cases (e.g. housing authorities) TReal estate agents and realty companies TBuilders, architects, and developers TMedia (advertising) NOTE: An owner or principal will be held vicariously liable for the acts of her or his agents.
20	Administrative Remedies An aggrieved person may file a complaint with the federal department of Housing and Urban Development (“HUD”) within one year after a discriminatory housing practice has occurred. HUD must investigate the complaint, attempt conciliation, and then either file a charge or dismiss the complaint. Alternatively, an aggrieved person may file a complaint with the Arizona State Attorney General’s Office (an equivalent agency for HUD purposes). A Fair Housing Complaint may result in the imposition of civil penalties ranging from a maximum of $10,000 for a first offense to a maximum of $50,000 for a third violation.
21	Enforcement Mechanisms Private Right of Action (lawsuit in state or federal court) A person who believes that she or he has been the victim of housing discrimination may file a private civil action in federal court. A complaint must be filed within two years of the occurrence of the discriminatory practice. Available remedies include compensatory and punitive damages, temporary or permanent injunctive relief, and attorney’s fees and costs. Exhaustion of administrative remedies is not required.
22	Accessing Center Services One may contact the Center for assistance during Short Term Assistance Team’s (STAT) hours of operation: Monday, Tuesday, Thursday and Friday from 9:00 a.m. – 1:00 p.m. at (602) 274-6298 or toll free (800) 927-2260. Our receptionist takes brief information on the issue, which is provided to STAT’s Information & Referral Supervisor for review. Due to the volume of requests we receive, we are unable to respond immediately to each request, however, the call will be returned at our earliest opportunity.