Sometimes the discrimination can be blatant, such as when a landlord says: "I don't want to rent to Spanish people." Now is NOT the time to regress on the advancements we've made for civil liberties and human rights. White renters were also favored over Hispanic renters 25.7% of the time. & Admin. Note that, irrationally, reasonable accommodations under the HUD §504 regulations do not include supportive services such as counseling, medical, or social services not provided to other tenants, but may include, for example, assistance with trash removal for a physically disabled person. A housing provider violates the federal Fair Housing Act when the provider’s policy or practice has an unjustified discriminatory effect, even when the provider had no intent to discriminate. A broker violates the law if she carries out the instructions of an owner-occupant of a two-family building and refuses to show or rent a property to families with children.25. c. 151B, §4(7A)(1) and (7A)(3). Steering Is A Form Of Discrimination: John, who is an Asian man, meets with a real estate broker to discuss purchasing a house for his family. When John names the neighborhood that he is interested in, the broker asks John if he is sure that his family will feel comfortable there. Monday-Friday For example, if a landlord has a rule that tenants cannot have dogs, and you need a companion animal or a service animal, the landlord should waive the "no pet" rule for you. All of the 2010 Census data relating to Massachusetts can be found at http://www.sec.state.ma.us/census/. There are various forms of housing discrimination that you should know. 711, 100th Cong., 2d Sess. Reporter. You do not have to tell the ages of your children. Although housing discrimination based on a person's race or national origin is illegal, people of color are still routinely subjected to discrimination.33 According to the 2010 U.S. Census figures, people of color in Massachusetts continue to be in much greater concentrations in cities, while the suburbs remain overwhelmingly white.34 Segregation this severe and this widespread does not happen by chance. The Massachusetts Supreme Judicial Court has held that a public housing authority may evict a tenant who requests a reasonable accommodation but poses a threat to others, but before doing so it must show that an attempt to accommodate the tenant has failed or that there is no reasonable accommodation that will acceptably minimize the risk to other residents. 47 . 689 (1989), http://www.huduser.gov/Publications/pdf/Phase1_Report.pdf, http://www.civilrights.org/publications/community2000/metro_open_comm.html, Fair Housing Amendments Act of 1988, Pub. A reasonable accommodation is a change in a rule, a policy, or a practice of the landlord49 (see below regarding Reasonable Modification). Discriminatory Practices Discriminatory Adverts Two-family homes where the owners are occupants; Certain buildings intended for and occupied by people over 55 years old. . This field is for validation purposes and should be left unchanged. You should consult a lawyer if you plan to do this. Ct. 1020 (1989) (rescript), has ruled that a disabled woman who is psychologically dependent upon her cat should be permitted an exception to the landlord's no-pet rule. If this is the case, you should explain the circumstances to the landlord. 833, 841 (2009). c. 151B, §4(7A), also includes the failure to make reasonable accommodations as an act of illegal discrimination. Similarly, a landlord cannot refuse to show you an apartment because it has lead paint. Where to Report Housing Discrimination Passed into law in 1968, the Fair Housing Act is a federal mandate against discrimination based on certain protected classes. See G.L. §100.204. House being a basic need should be free for all to access. If a landlord refuses to rent or sell a house based on your race, religion and such unlawful forms of discrimination, it is illegal. If you’re being evicted, you might also be able to use your discrimination rights to help defend the eviction in court. This is less common as compared to past years. Ultimately, you need to demonstrate to the landlord that you have gone through treatment and rehabilitation and that your past substance abuse, which may have led to your having a CORI, will not pose a threat to the health or safety of other tenants or yourself. You can call the Housing Discrimination Hotline at (800) 669-9777, print out a form and mail it to the nearest regional office, or file a complaint online. Housing discrimination is a “moving target” (Massey, 2005) and, until housing discrimination research is designed to capture all the time points at which housing discrimination could occur, it will fail to capture the true level of racial and ethnic discrimination that exists. Housing discrimination takes many forms: A real estate agent shows you apartments in one neighborhood and not another because of your race. August 3, 2016 at 4:10 p.m. UTC. See the regulation for the Section 8 Tenant Based Assistance: Housing Choice Voucher Program, 24 C.F.R. A landlord's duty to reasonably accommodate the needs of people with disabilities applies not only to those with physical disabilities, but also to those with mental disabilities. 66 (2007). If it's In some circumstances, however, the law does allow Massachusetts landlords to exclude families with children. §3604(c); G.L. See 42 U.S.C. There are a variety of forms of housing discrimination, said Perry, which makes addressing them complex. c. 151B, §4(11) specifically obligates the Mass. 25, 28-29, reprinted at 1988 U.S. Code Cong. Some are obvious, while others are a bit technical. If you are facing housing discrimination, there are various places that you can launch a complaint. c. 151B, §4(7A)(3). Is It Discrimination. §3603(b). G.L. The form of discrimination may vary, but the Fair Housing Acts, as well as state and local laws, prohibit landlords from taking illegal action against tenants (or potential tenants) based on certain protected categories. c. 151B, §4(7B). On March 8, 1991, Federal District Judge Walter Skinner approved a consent decree between the NAACP and HUD, which also incorporated settlement agreements between the city of Boston and HUD, as well as between EOCD and HUD. 42 U.S.C. 1636 (1988), codified at 42 U.S.C. 37 . See 804 C.M.R. 29 . … Factors to be considered shall include, but not be limited to, the nature and cost of the accommodation or modification needed, the extent to which the accommodation or modification would materially alter the marketability of the housing, the overall size of the housing business of the owner … and the ability of the owner … to recover the cost … through a federal tax deduction," G.L. Emily Badger. 300, 312 (2005) (neighbors' rights need not be "sacrificed 'on the altar' of reasonable accommodation") (quoting Groner v. Golden Gate Gardens Apartments, 250 F.3d 1039, 1046 (6th Cir. Irrespective of its classification, you need to seek legal actions against any form of discrimination because the law is loud and clear about it. Landlords must delead an apartment if you want to rent it and you have a child under the age of six. A very useful guide on what may or may not qualify as either a reasonable accommodation or a reasonable modification can be found in the joint statements on reasonable accommodations and modifications put out by HUD and the Department of Justice. c. 151B §4(11)(2). These agencies have a duty to assist you in filing a complaint.38. §3603(b)(1); 24 C.F.R. For a listing of the different state and federal laws guaranteeing fair housing to people with disabilities, see the chart that follows. These actions by HUD will both prevent future discrimination and ensure that those who have experienced discrimination have … §3607(b)(1); G.L. However, enactment of the Federal Fair Housing Act, few reports have indicated that the vice is still present. 300 (2005), 5. c. 111, § 197(h). 5, 2008). Fair housing complaints can be filed by an entity, including individuals and community groups. For example, many public housing authorities have a rule requiring a single parent with a young child to apply for a 2-bedroom apartment. The Massachusetts Lead Poisoning Prevention and Control statute is at G.L. 1636 (1988), Bouley v. Young-Sabourin, 394 F. Supp. Recently, a report in the Daily News exposed a landlord who made it difficult for families with small children to get housing. If the discrimination was based on the receipt of rental assistance, then the exemption for owner-occupants of two-family homes does not apply. 42 U.S.C. 443 Mass. 140 (1991). 1992). If you have kids, you may find that landlords, especially public or subsidized housing landlords, require you to rent apartments with a certain number of bedrooms, perhaps more than you need or can afford. 42 U.S.C. G.L. See also, G.L. If you run up against a landlord or agent who refuses to rent to you because you have a rental subsidy or receive other public assistance, you should promptly report your complaint to the local housing authority or regional nonprofit agency that gave you the housing subsidy. See Espinoza v. Hillwool Square Mutual Ass'n., 522 F. Supp. In general, there are two types of housing where this may be allowed: Yet, even where an owner-occupant can legally refuse to rent to children, a landlord is not protected by state or federal law if she publishes, advertises, or makes any written or verbal statements that she will not rent to children.24 Most landlords do not put ads in the paper that say "no children, please" because they know that would be illegal. 44 . State law says that a modification is not required "if it would impose an undue hardship upon the owner. Moreover, even where a landlord does have an exemption, the landlord's broker may not legally discriminate against children. . The law also provides that if a victim of domestic violence exercises his right to terminate his lease early due to domestic violence, a future landlord cannot use that as a reason not to rent to him, nor can a housing subsidy provider use that as a basis to deny rental assistance. The Massachusetts law prohibiting housing discrimination against families with children does not specifically exempt housing for older person, see G.L. Housing providers must reasonably accommodate residents with disabilities. Ch. Like in the case reported, the landlord made a house for rent unavailable because the prospective clients had small kids and were found to be misconduct. c. 151B §§4(6)-(7). According to the Court, "[i]n the public housing context, a 'qualified' handicapped individual is one who could meet the authority's eligibility requirements for occupancy and who could meet the conditions of a tenancy, with a reasonable accommodation or modification in the authority's rules, policies, practices, or services. charging higher rent, security deposit for different tenants; 100-430, §13(a), 102 Stat. (However, recovering drug abusers in a treatment program would not be excluded if they do not currently use illegal drugs. This means, as under the federal law, that a person with a disability has a right to expect her landlord to reasonably adjust rules or policies when necessary to allow her to live comfortably in her home. Suite 202 42 U.S.C. §3604(f)(3)(B). Turner et al., Discrimination in Metropolitan Housing Markets: National Results from Phase I HDS 2000 (Washington, DC, HUD 2002), available at: http://www.huduser.gov/Publications/pdf/Phase1_Report.pdf. See House Judiciary Comm., Fair Housing Amendments Act of 1988, H.R. State law, at G.L. See also the DHCD Lead Law Policy Notebook, available at the State House Bookstore (617-727-2834). L. No. A landlord should also make reasonable accommodations to allow a person with a serious heart illness to move to a vacant first-floor apartment, even if the lease on her fourth-floor apartment has months to run. See U.S. Department of Housing and Urban Development Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions (April 4, 2016). When the Department of Housing and Urban Development first began to systemically study housing discrimination in the United States in the 1970s, the most blatant forms of it were still common. This can be difficult to identify as it can come in various hidden forms. 42 U.S.C. A landlord is also allowed to exclude children where a dwelling contains three apartments or less and one of the units is occupied by an elderly or infirm person for whom the presence of children would constitute a hardship. News 2173, 2189-90. State law, at G.L. 42 U.S.C. §35.104; 28 C.F.R. See G.L. Some landlords make different terms of house renting in a way to discriminate or prevent a specific group of people from accessing housing. §3603(b)(2); 24 C.F.R. The main law that covers discrimination in housing is the Equality Act 2010 - Part 4 is about housing. §982.304, Illegal Discrimination: PHA Assistance to Family. Also, the federal law is explicit that discrimination protections are not to extend to any individual whose tenancy would constitute a "direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others." 603 (1994). If the landlord is returning the calls of others who don't have an identifiable accent, this is a form of discrimination. §3604(f)(9); 24 C.F.R. c. 151B, §§4(11)(1)-(11)(3). Other times, you may simply not get a call back. 2d 675 (D. Vt. 2005), U.S. Department of Housing and Urban Development Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions, U.S. Department of Housing and Urban Development, Notice PIH 2015-19, Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions, Andover Housing Authority v. Shkolnik, 443 Mass. G.L. The ruling has broad implications for all laws that bar sex discrimination, including the Fair Housing Act. Follow. Advocates there may be able to help you correct your CORI. c. 151B, §4(7A); 42 U.S.C. While you do not need to be a citizen to apply for public or subsidized housing, some programs are allowed to ask you about your citizenship or immigration status. L. No. §3605; G.L. Simply list the names of everyone who will be living in the apartment without listing their ages. 34 . Loewy said, "The harassment and discrimination that LGBTQ people face in housing are forms of sex discrimination that federal law will not tolerate. However, the state law goes further for publicly assisted, multiple-dwelling or other larger housing developments. “As our housing work has demonstrated and the Bostock decision confirmed, the harassment and discrimination that LGBTQ people face in housing are forms of sex discrimination … This section addresses only the disability laws regarding private housing. §100.204(b). §410.400, requiring 150 feet of floor space for the first occupant, and 100 square feet for each additional occupant with 50 square feet per person for shared bedrooms. 32 . Both federal and state fair housing laws protect people with physical or mental disabilities and give them additional rights to help them rent apartments and maintain their tenancies.40 These state and federal laws prohibit virtually every kind of housing discrimination against people with almost all kinds of disabilities.41 Thus, a blind person, someone with epilepsy, AIDS, or alcoholism, or someone who suffers from depression or is developmentally disabled, has the right to rent and remain in an apartment, just like anyone else. of Housing and Urban Development, 967 F2d 817 (2nd Cir. The center is responsible for building the case that was reported on the Daily Nation after carrying out investigations. News 2173, 2183-84.) Five percent of new buildings with 20 or more units must also have large kitchens and bathrooms (Access Board can change this percentage). A pervasive form of housing discrimination that’s still legal (Photo by Tim Boyle/Getty Images) By . G.L. 711, 100th Cong., 2d Sess. 42 U.S.C. Showing what are called “mitigating circumstances.” This means you explain that your circumstances are different. §3602 (h)(3), 24 C.F.R. 42 U.S.C. 24 . Illegal discrimination occurs when the landlord: Refuses to rent to members of a certain race. The PHA must give the family information on how to fill out and file a housing discrimination complaint." §100.201. No owner can discriminate on this basis. This is very difficult and complicated. U.S. Dep’t of Hous. There are various forms of housing discrimination that you should know. §§3607(b)(1)-(3). White renters were favored over black renters 21.6% of the time. In Andover Housing Authority v. Shkolnik, 443 Mass. These exemptions, however, do not apply to §4(7B)'s ban on discriminatory statements and advertising, nor do they apply to persons whose business includes engaging in residential real estate-related transactions. §§4821-4846 (the Lead-Based Paint Poisoning Prevention Act) and 42 U.S.C. 42 U.S.C. State law, however, makes no exclusion for drug addicts. As new forms of housing discrimination arise, it gets harder to detect and take action against it. Because lead poisoning is such a serious disease, state law requires owners to delead apartments whenever a child under the age of six lives in the property.26 State law also makes it illegal for a landlord to refuse to rent to you and your children because an apartment has lead paint. On the investigated report, this offense was spotted where the landlord was charging different amount of rent for the same apartment. Examples of these discriminatory behaviors include: Both the state and federal law add persons with disabilities to the list of those protected against discrimination. §794. The DHCD policy was, in part, a reaction to the holding in the case of Ayala v. Boston Housing Auth., 404 Mass. Under the law, people with disabilities have the right to expect that landlords will make reasonable accommodations to their individual disabilities. §794 (see 53 Fed. It is illegal for landlords to refuse to rent to you or in any way discriminate against you because you have children. Housing discrimination comes in many forms and is often subtle. Some signs of possible discrimination include: A refusal to sell, rent, or show available housing; Requiring different terms and conditions for identical dwellings, i.e. According to the report, Parkoff Organization denied African American a place in one of its Brooklyn apartments. 301, 309-10 (S.D.N.Y. See 24 C.F.R. Asking the landlord to weigh your past bad conduct against the mitigating circumstances. Discrimination, in labeling theory, takes form as mental categorization of minorities and the use of stereotype. Units on first floor and, if there is an elevator, other floors must be adaptable in apartment buildings with three or more units. See 42 U.S.C. Such actions are not only unlawful but offensive. Emily Badger. Consensual discrimination is driven by the need for accuracy [clarification needed] and reflects stable and legitimate intergroup status hierarchies (e.g., favoring a high-status in-group because it is high status). More often it is subtle, where you are shown houses or apartments only in areas where everyone else looks like you. G.L. The court seemed to agree that the damage caused by the tenant (less than one month's rent) was not significant, especially since the cost was reimbursable by a public agency. Similar to Massachusetts law, the Fair Housing Act's ban on discriminatory statements and advertising (contained in 42 U.S.C. c. 151B §4(11)(2). v. Hampshire, 26 Mass. In Glover v. Crestwood Lake Section 1 Holding Corps., 746 F. Supp. If you have children, you know that some landlords simply dislike kids. 50 . Commonly reoccurring discriminatory practices include: Racialized women disportionately discriminated against when seeking housing. Latinos or others with identifiable accents frequently do not have their calls about apartments returned. "28 In these cases, a landlord must delead the apartment.29 She cannot simply refuse to rent to you or refuse to accept your Section 8.30 For more see section on Discrimination Based Upon Receipt of Public Assistance. The law requires all owners of residential buildings to remove or cover lead paint in places where a child under the age of six lives or seeks to live. The federal law does not apply to owner-occupants of one- to four-family homes (the so-called "Mrs. Murphy" exemption). Unequal Terms or conditions It is also illegal to refuse to rent to a person because she might need reasonable accommodations to the premises or to refuse to allow a tenant to make reasonable modifications to her apartment. Under §504, the only limit on provision of reasonable accommodations including structural modifications is "undue hardship." It is illegal to ask about your race and ethnicity for any reason. In Housing Court there is a program called the Tenancy Preservation Program which specifically helps households with mental health challenges preserve their tenancy and works with landlords to develop reasonable accommodations. Labeling theory. Also, reasonable modifications do not include ramping for more than five steps or installing a wheelchair lift. c. 186, §§24, 26. 1083 (D. Mass. 25, 28-29, reprinted at 1988 U.S. Code Cong. Reporter. In those forms of housing, reasonable modifications must be paid for by the owner (in the case of public housing, this is subject to appropriation), but modifications are not considered reasonable if they would impose undue hardship on the owner. Both laws, with the state law being generally stronger, provide that landlords must make "reasonable accommodations" to persons with disabilities so that they can rent and enjoy housing on an equal basis with those who are not disabled. Evictions actions against victims of domestic violence because of acts of domestic violence can also be discrimination on the basis of sex. See 29 U.S.C. 151B, §1(16), (17), and §4(3C), (4A), (6)-(7B). §982.53, describing the equal opportunity requirements under the Section 8 program. No lease, no subsidy. 53 . §§3601 et seq. State courts, however, are beginning to understand that tenants should not be evicted if there are reasonable accommodations that will keep them housed and which would not cause "undue hardship" to the landlord. For instance, the reasonable accommodation laws might require a landlord to delay the eviction of a tenant with a mental health disability who was causing minimal property damage and not disturbing other tenants.50 However, an accommodation might not be reasonable if other tenants have been threatened or seriously disturbed by the tenant requesting an accommodation.51. However, there are some ways to minimize housing inequities. This reliance on §504 is significant, because there is a limited body of §504 case law elaborating upon the "reasonable accommodations" concept under §504. In the 1930s, her father, Carl Hansberry, bought a house in the South Park neighborhood of Chicago. If a landlord denies you housing because you are a Section 8 recipient and the rules of the program demand that she delead the unit, then she may be discriminating on the basis of your receipt of a rental subsidy in violation of G.L. Note that the federal law does not include as a "handicap" the current illegal use of or an addiction to a controlled substance. In addition, sometimes a person will have a CORI (or a poor credit report) because she is survivor of domestic violence. App. 35 . G.L. c. 6, §172(32)(d). 27 . §1982, "promote the abandonment of discriminatory practices" and "prevent discrimination.". 23 . §100.10(c)(2). The fair housing laws do not give a definition of current use of illegal drugs. c. 151B, §1(17), uses the same definition of "handicap" as the federal Fair Housing Act does. And a landlord cannot charge you a larger security deposit or insist on more frequent inspections because you have children. In federal law, the key provisions are in the Fair Housing Amendments Act of 1988, Pub.
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