March/April, 2000 Housing Highlights Newsletter

Newsletter of the Housing Unit
Neighborhood Legal Services, Inc.
295 Main Street, Ste. 495 · Buffalo, New York 14203 · (716) 847-0650
(716) 847-0227 FAX · (716) 847-1322 TDD · e-mail: nls@nls.org · Web Page: http://www.nls.org
Volume 2 Issue 3 March/April 2000
Copyright 2000, Neighborhood Legal Services, Inc.

April is National Fair Housing month. It is a time to reflect upon the gains we have made ensuring that all families and individuals are able to live in the neighborhoods of their choice free from discrimination. It is also a time to reflect upon the subtleties of housing discrimination and about behaviors that limit housing choice for entire segments of our population.

Today, several federal and state laws make up the arsenal against discrimination in the sale, rental and advertising of housing against what is defined as protected classes. Protected classes include race, color, national origin, religion, gender, disability, marital status, familial status, and age. Depending on the protected group affected, the discriminatory activity involved, and the status of the discriminator (e.g., owner, property manager, real estate broker), protections will be found in one or more of the following statutes:

There are also three lesser known but pertinent statutes in New York: General Obligations Law § 5-331 which forbids placing restrictions in agreements relating to real property based on race, creed, color, national origin or ancestry; Real Property Law § 236 which prohibits discrimination against families with children in dwelling houses or mobile home parks; and § 237 which prohibits lease clauses requiring a tenant to remain childless during the tenancy.

Fair housing protections extend not only to such overt acts as refusing to rent or sell housing to a member of a protected class, but also to more subtly discriminatory actions such as illustrating housing advertisements with preferred racial or gender groups, refusing to sell property insurance to certain groups, or failing to incorporate accessibility features into new housing design and construction.

As America ages greater numbers are subjected to the stereotypes and prejudices that society associates with individuals who are disabled or elderly. Federal and state fair housing law protects against discrimination based on age and disability. As a society, we are less familiar with these forms of discrimination, and often “well meaningly” violate the rights of others.

Discrimination is only one of the many problems encountered by individuals who are elderly and/or disabled in their search for housing. Limited income and mobility issues restrict housing choice further. A lack of affordable housing in safe, well maintained neighborhoods exacerbates the problem. This lack of affordable housing has become a source of dissatisfaction and has prevented many disabled persons from becoming independent. Instead, housing becomes a source of stress, frustration, and tension

Our nation’s changing demographics further strains an already over-burdened affordable housing market. Persons 65 and older currently make up 12.8% of the total population. By 2030, 20.1% of the population will be over 65. As the elderly population grows, the number of Americans who are disabled also increases.

People with disabilities have come to enjoy increased participation in all aspects of community life. To continue this trend, continuing emphasis must be placed on removing the barriers that prevent individuals from living in the housing of their choice.

The Fair Housing Act’s protections against unequal treatment have played a significant role in overcoming the historical barriers faced by individuals with physical and/or mental impairments.

The Act includes an affirmative mandate requiring both public and private housing providers to make “reasonable accommodations” in rules, policies, practices or services so that individuals with a disability will have equal opportunity to use and enjoy residential space. The theory behind the concept of reasonable accommodation is to allow people with disabilities to leverage changes in rules or policies that would otherwise inhibit their ability to live in the housing of their choice. The law requires a landlord to grant requests for such accommodations provided they do not represent an “undue burden” or a “fundamental alteration” of the landlord’s provision of housing.

In the eviction context, Courts have held that a landlord can not proceed with an eviction predicated upon a lease violation that is related to a disability if the tenant shows that he or she may be able to comply with the terms of the lease with assistance or special services. While the landlord would not be required to provide such services, the landlord may be foreclosed from proceeding with the eviction if the tenant shows an intent to obtain assistance. Thus the reasonable accommodation theory can be used both to increase housing choice and also to maintain housing by providing individuals with a second chance and an opportunity to obtain services or counseling.

The Fair Housing Act requires landlords to allow reasonable physical modifications to a residence or its common areas if such modifications are “reasonable” and necessary for the tenant to use and enjoy the dwelling unit. A landlord subject only to the Fair Housing Act’s requirements is not responsible for the cost of any alterations. Landlords receiving federal funds may be required to bear the cost associated with the modification. Reasonable modifications may include the installation of an automatic water faucet shut-off for a tenant who can not remember to turn off water, or a visible “door bell” for the hearing impaired.

A landlord cannot refuse a reasonable accommodation because he doesn’t believe it is in the best interest of the tenant or applicant. However, a landlord cannot be forced to provide accommodation which presents financial or administrative costs or which change the nature of the services typically provided by a landlord

Both federal and state law prohibits discrimination in the sale, rental and advertising of housing against what is defined as protected classes. Race, color, national origin, religion, gender, disability and familial status are considered protected classes under state and federal law. New York State adds two additional classes: age and marital status.

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and requires integration of the disabled in private and public areas such as housing.

The Fair Housing Act, 42 U.S.C. 3601 et seq. applies to all residential properties with the exception of owner-occupied residents with four or less units and some single-family homes. The New York State Human Rights Law, N.Y. Exec. Law 290 et seq. provides similar protections but excludes owner-occupied doubles. In addition, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 and Title II of the Americans With Disabilities Act, 42 U.S.C. 12131 – 12132 prohibit housing discrimination against people with disabilities.

HUD can help persons who believe they are victims of discriminatory housing practices. HUD can and will investigate complaints.

You have one (1) year after an alleged violation to file a complaint with HUD, but you should file as soon as possible.

Contact a Fair Housing Enforcement Center for New York State @ 1-800-496-4294. HUD also provides a toll free TTY phone for the hearing impaired , interpreters, tapes and Braille material and assistance in reading and completing the complaint form.

Neighborhood Legal Services, Inc,. provides representation to victims of housing discrimination. Neighborhood Legal Services is available to conduct trainings to community and professional groups on fair housing and discrimination issues.