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| WA State FAIR HOUSING UPDATE: March 2005 |
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Is it okay for owner Jean Marley to advertise her duplex unit this way? "Large two bedroom unit. Near shopping and schools. Disability accessible and family friendly." Jean Marley can market to families with children without violating the fair housing laws. Indicating that families with children are welcome in a community does not deny any other protected class the opportunity to apply for housing. Under the fair housing laws, Jean may also affirmatively market her available accessible units to people with disabilities. Advertising that a unit is accessible is not only legal under the fair housing laws, it is encouraged. Kathy Jackson and Tony Lamada, an unmarried couple, wish to rent an apartment at the Galleria Apts. The manager asks each of them to complete a rental application and pay a credit check fee. Is this discriminatory? The federal Fair Housing Act does not cover marital status as a protected class, but most local fair housing ordinances do (including City of Seattle, City of Tacoma, City of Bellevue, King County and State of Washington). In these areas, a housing provider must treat all applicants and tenants similarly, regardless of their marital status. However, because Kathy and Tony do not have the "community property" status of a married couple, the manager can request that they each file an application and undergo a separate credit check. Residents are complaining about loud noises coming from the Dowd apartment. When Manager Fargo talks with the Dowds, they tell him the noise is drumming which is part of their religion. Would it be discriminatory for Fargo to tell them to stop making this noise? Housing providers have a right to establish reasonable noise regulations for the comfort and peaceful enjoyment of all tenants. If the Dowds' noise occurs during the day and is not excessive, it should be treated like any other tenant noise. It would be an religious accommodation to allow them to make a reasonable amount of drumming noise during the daytime. However, if their noise is extreme or occurs after hours (say, between 10:00 pm and 7:00 am), Fargo can advise these residents that they must nevertheless obey the noise policy. Elderly Mrs. Tanaka has a state disabled parking permit for her car. All parking is open to all tenants, but she asks management to give her a reserved space close to her unit. Is her request reasonable according to fair housing laws? This is one of the most common accommodation requests by tenants with disabilities. It would be a reasonable accommodation for management to provide Mrs. Tanaka a reserved parking space so that she can be ensured available accessible parking. She may only need a regular sized space or if necessary, can request a parking space that meets accessibility specifications. In addition to providing the parking space, management must diligently enforce it by ensuring that other tenants and their guests do not park there. New tenant Olson advises Manager Quentin that he wants to rebuild the plumbing in his apartment so that he can hook up a portable dialysis unit there. Quentin refuses because apartment rules forbid tenants from painting or altering their units in any way. Is this discriminatory? Some people with disabilities may have problems accessing their unit due to their use of wheelchairs, crutches, or other mobility devices. They may need to make alterations in their units in order to have better and/or safe access. fair housing laws require that housing providers permit, at the expense of the person with a disability, reasonable modifications of existing premises if necessary for the tenant's full enjoyment of the premises. For example, Olson should be allowed to change the plumbing for his dialysis unit. Quentin can condition permission for the modification based on Olson agreeing to restore the unit to its original condition when the tenant vacates the unit. However, a tenant need not remove the modifications if they will not interfere with the next tenant's use and enjoyment of the unit (for instance, a wider door need not be made smaller again). (Quentin may also ask that Olson set up an interest bearing account not to exceed the amount of the modifications to cover the cost of returning the apartment or house back to its original configuration.) KCOCR Fair Housing Home Page Your comments about this Web site Updated: Mar. 25, 2005 King County | DES | OCR | News | Services | Comments | Search Links to external sites do not constitute
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