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Washington State FAIR HOUSING UPDATE |
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FAIR HOUSING COMPLIANCE By Christina McLeod, Assistant Director Fair Housing Center of Washington One shelter told Mary, "You're too disabled to be here." Another shelter denied her reasonable accommodation request to have a bed assignment on the first floor because of her inability to climb stairs. Mary had mental and physical disabilities and was homeless. These acts of denying shelter violate of civil rights laws and perpetuate homelessness. Fair housing and homeless issues intersect. The federal Fair Housing Act prohibits housing discrimination because of race, color, religion, sex, national origin, family status, and disability. Washington state law extends the coverage to include marital status, sexual orientation, and military/veteran status. Local laws also provide protection for Section 8 recipients, use of service animal, or age. Fair housing laws cover "dwelling" units, which are defined as any building, structure or portion thereof which is occupied as, or designed or intended for occupancy. Fair housing laws also cover entities which control or have an affect on housing choice. Whether a non-profit or a for-profit, private or governmental agency, their housing activities are covered by fair housing laws. Examples include, but are not limited to, transitional housing, permanent placement housing, shelters, and housing vouchers (like Section 8, Shelter Plus Care, or HOPWA). In addition to fair housing laws, homeless service providers who engage in housing activities also need to be familiar with additional civil rights laws, including:
Shelter, transitional housing, and permanent placement housing providers need to be aware of and develop fair housing policies, especially in the area of disability and reasonable accommodations/modifications. Accommodations are changes to policies, procedures, rules or services, which a person with a disability may need in order to use and enjoy the housing and/or housing related services. Examples of accommodations include: waiving a no pet rule for a service animal, providing a bed assignment in an accessible location, reading the terms of an agreement aloud, providing alternate shelter options, or allowing a caregiver to provide services on-site. In addition to the large percentage of disability related issues, homeless service providers are faced with other fair housing issues including discrimination based on sex (gender) and familial status. Although fair housing laws prohibit sex/gender discrimination, there are homeless service providers who are segregating their housing based on gender or denying a family shelter once the male children reach an arbitrary age. This last situation is especially traumatic for families who are put in untenable positions of deciding whether to dismantle their family in order to provide shelter for some members. Many homeless programs in our communities were not originally developed to provide housing and/or housing services. These programs were services by local ministries to feed and clothe community members in need. It was not uncommon for these ministries to require persons to participate in religious services as part of their program. But now, these same faith-based homeless service providers are providing housing and must abide by fair housing laws which prohibit discrimination based on religion. For example, it is a violation to deny housing to someone because of their religious beliefs, or lack thereof; or to set standards which require people to participate in religious activities in order to qualify for or maintain their housing. Faith-based housing providers may also need to review their program operations in light of the 2006 amendment to the Washington State Law Against Discrimination making it illegal to discriminate against persons because of sexual orientation (heterosexuality, homosexuality, bisexuality, and gender expression or identity). Race continues to permeate housing transactions, including shelters and transitional housing. In the August 2006 homeless report titled, "Systems Analysis in Pierce County," University of Puget Sound (UPS) researchers found that a large disparity emerged in the evaluation of the helpfulness of services by race, with black individuals reporting much lower levels than white individuals. UPS is currently conducting further research regarding the racial disparity indicated in the report. In the meantime, homeless service providers should evaluate their programs and develop affirmative fair housing policies to ensure that no community member is denied housing and housing services in violation of local, state, and federal civil rights laws. By incorporating fair housing principles into program operations, homeless service providers minimize risks of violating civil rights laws and thus, can focus on ending homelessness, not perpetuating it. The Fair Housing Center of Washington was able to assist Mary and a homeless services provider with fair housing information which resulted in Mary finally being admitted to a shelter. Once admitted to the shelter, she became eligible for transitional housing. She is no longer homeless. Fair housing is good business. Working together, fair housing advocates and homeless service providers can ensure that all residents of Washington have equal access to the housing and housing services they need. RECENT HEADLINES AND RESOURCES: "Homeless Shelters Must Lodge Pets" in the Spokane Review, 10/5/07 www.spokesmanreview.com/breaking/story.asp?ID=11816 Community House v. City of Boise Read summary and link to court decision at Northwest Fair Housing Alliance website, www.nwfairhouse.org/projects.php?proj_id=67 Washington State Coalition for the Homeless www.endhomelessnesswa.org/index.html "Fair Housing for People with Disabilities: A guidance manual for emergency shelter and transitional housing providers" developed by Mental Health Advocacy Services, Inc. under a HUD Fair Housing Initiatives Program Education and Outreach grant, www.mhas-la.org Fair Housing & Accessibility www.fairhousingfirst.org OCR Fair Housing Home Page | Your comments about this Web page Updated: Oct. 19, 2007 King County | DES | OCR | News | Services | Search Links to external sites do not constitute
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