Fair Housing Laws and the Transitional Housing Program (THP) - PLUS

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Fair Housing Lawsand the Transitional Housing
Program (THP) - PLUS

• a training for housing providers

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(THP) - PLUS Providers Must Comply with Both
California Landlord-Tenant Laws and State and
Federal Fair Housing Laws

• California law is more strict than federal,
  providing greater protection

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Californias Fair Employment and Housing Act
(FEHA)

• Prohibits discrimination on the basis of race,
  color, religion, sex, marital status, national
  origin, ancestry, familial status, or disability
  of that person
• Prohibits asking potential tenants about any of
  the above characteristics

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Disability Defined (in California)

• A mental or physical impairment that limits a
  major life activity
• Major Life Activity includes mental, physical
  and social activities, as well as working
• Makes that particular activity difficult
• Includes having a history of disability or being
  regarded as having a disability
• Examples depression, alcoholism, schizophrenia,
  blindness

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Disability is Not

• Current Drug Addiction
• Pyromania
• Kleptomania
• Sexual behavior disorder
• Compulsive gambling

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Tricky but Important Distinction

• Disability
• Current alcoholism
• Past alcoholism
• Past drug addiction

• Not a Disability
• Current, illegal drug use

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Discrimination Disability

• race, color, religion, sex, national origin,
  family status and sexual orientation

• Mental and Physical Disability

vs.
Must treat everyone the same, UNLESS that would
effectively bar access
Must treat everyone the same no special treatment
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Kinds of Discrimination

• Intentional
• I dont rent to people in wheelchairs and We
  dont want any weirdos here
• Disparate Impact
• a policy or practice that effectively makes an
  opportunity less accessible for people with
  disabilities
• Examples no pets allowed, must come into office
  to apply

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Other Forms of Discrimination

• Failure to grant reasonable accommodations
• Failure to meet physical and programmatic
  accessibility standards
• Failure to allow reasonable modifications

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Reasonable Accommodation

• A change in rules, policies, or procedures to
  help an individual with a disability access
  housing or housing-related services
• Make written documents available in large print
• Exception to no pets rule to allow service
  animals
• Waive no bad credit admission policy if credit
  problem is due to disability

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Reasonable Accommodation, cont.

• Must be necessary to allow a person with a
  disability an equal opportunity for housing
• Complying with the request must not pose an undue
  administrative or financial burden, or
  fundamentally alter the nature of the program
• Request should be initiated by person with
  disability
• No limit to the number of requests made
• May request verification of disability and need
  for accommodation no details

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Direct Threat Exception

• actual abuse or an actual threat of sufficient
  severity and probability that injury will
  actually occur
• provoking fear in others/making others
  uncomfortable, not grounds to deny housing
• provider must attempt a reasonable accommodation,
  unless he can show that no reasonable
  accommodation could have eliminated the threat

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Confidentiality and Nosy Neighbors

• All information regarding disability from a
  tenant should be kept confidential
• Tenants may authorize the release of information,
  preferably written
• Acceptable responses to inquiries from other
  residents/guests re one persons special rules
• Certain laws require us to do this.
• Any resident needing an accommodation is welcome
  to request one, but everyones situation is
  confidential.
• DO NOT DISCUSS anyones disability

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Reasonable Modification

• A physical change to the structure to afford a
  person with a disability the housing opportunity
• In a personal area, tenant pays
• Installing grab bars in shower
• In a common area, provider pays
• Putting Braille numbers on the elevator

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Questioning Applicants Principal Concepts

• Cant assume anything about a persons ability to
  be a good tenant or guest based on disability
• Cant make any assumptions regarding disability
• May inquire about tenancy-related matters

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Questioning Applicants Permissible Questions

• Have you ever been evicted?
• Will you pay your rent on time?
• What is your source/proof of income?
• What is your criminal history?
• Will you respect the rights of neighbors?

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Questioning Applicants Prohibited Questions

• Have you ever been hospitalized?
• Do you take medications?
• Do you drink?
• Do you have any disabilities?
• Are you capable of living alone?

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Confidentiality In the Application Process

• Questions regarding disability for the purpose of
  providing supportive services should be asked
  separately from questions about housing.

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Physical Program Accessibility

• Programs and activities, viewed in their
  entirety, must be accessible to people with
  disabilities
• Unless it would impose an undue financial burden
  or fundamentally change the nature of the program
• Tips for accessibility
• Portable ramps, grab bars in showers
• Move activities into more accessible portion of
  building

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Physical Accessibility Resources

• www.hud.gov/offices/fheo/disabilities/accessibilit
  yR.cfm
• www.fairhousingfirst.org

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Supportive Services Requirement

• Requiring certain services for certain
  individuals is discriminatory
• General requirements of unspecified supportive
  services are acceptable

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Employment Requirements

• Disparate impact on people with disabilities
• Possible reasonable accommodations applying for
  SSI, searching for subsidized permanent housing

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Required Chores

• If a person states he can not do a certain chore
  due to his disability, find an alternate chore
• If disability is such that no chore can be
  accomplished, chore requirement should be waived
• A person should not be denied housing because
  disability prevents him from doing a chore

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Evictions in California

• State law prohibits self-help by landlord may
  not just throw transitional resident out
• Must use the formal unlawful detainer process or
• The Transitional Housing Participant Misconduct
  Act

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Unlawful Detainer Process

• Notice
• a) 3-day notice nonpayment of rent, lease
  violation, substantially interfered with other
  tenants, or materially damaged rental property
• b) 30- and 60- day notice no-fault eviction
• File Unlawful Detainer in Court
• a) length of time varies, usually about a month
  if not contested

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Transitional Housing Participant Misconduct Act
(THPMA)

• Enacted in 1991 to prevent recurrence of
  substantial disruption or violence in
  transitional housing programs
• May be used as an alternative to U/D process
• May only be used against Participants

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A PARTICIPANT Must Have

• Been homeless prior to living in the program
• Signed contract with the program as a condition
  to getting housing, which included
• the housing programs rules, and
• a copy of the Restatement of the Procedures and
  Rights created by the THMA (TH-210).

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A Person is Homeless if

• She previously lacked a regular and adequate
  nighttime residence or the most recent nighttime
  residence was
• A supervised shelter, or
• An institution providing temporary housing for
  individuals intended to be institutionalized, or
• A place not designed or ordinarily used as
  sleeping accommodations for humans

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Temporary Restraining Order

• Orders resident to stop abuse/misconduct
• Must show great or irreparable harm would result
  if TRO were not granted before a hearing
• Participant must have been in the program fewer
  than 6 months to initiate TRO
• TRO lasts 5 days or until hearing

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THMA As Eviction Substitute

• Participant may be ordered out if she violates
  TRO or Injunction (need court order)
• In limited circumstances, may get TRO or
  permanent order for participant to move out

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Initial Orders To Move Out Immediately/Stay 200
Feet Away

• Must convince judge by clear and convincing
  evidence that participant engaged in abuse of
  program employee, another participant, or a
  person who lives within 100 feet of the program,
  and that great or irreparable injury will result
  if the order is not granted
• As a TRO, only available in an emergency to
  protect one of the above from imminent serious
  bodily injury

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Permanent Orders/Injunctions

• After a hearing
• Lasts up to one year

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Misconduct Must Be

• Intentional breaking of program rules
• which substantially interferes with the program
  operators ability to run the housing program AND
• relates to specific forms of conduct

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Misconduct and Abuse

• Misconduct
• Sale/use of drugs
• Theft, arson, destruction of anothers property
• Threats and actual violence and harassment
• Drunkenness

• Abuse
• Attempts, threats and actual attacks, strikes or
  sexual assaults

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Contact

• Carey Stone
• Staff Attorney
• Mental Health Advocacy Services, Inc.
• 3255 Wilshire Blvd., Ste. 902
• Los Angeles, California 90010
• (213) 389 2077 ext. 15
• www.mhas-la.org