fair housing: General Information about What Kinds of Information, If Any, a Housing Provider May Request from a Person with an Obvious or Known Disability Who is Requesting a Reasonable Accommodation or Reasonable Modification
- 02/20/09 04:27 AM
A housing provider is entitled to obtain information that is necessary to evaluate whether a requested reasonable accommodation or reasonable modification may be necessary because of a disability. If a person’s disability is obvious, or otherwise known to the housing provider, and if the need for the requested accommodation or modification is also readily apparent or known, then the housing provider may not request any additional information about the requester’s disability or the disability-related need for the accommodation or modification. If the requester’s disability is known or readily apparent to the housing provider, but the need for the accommodation or modification … (0 comments)
fair housing: Assigning a Parking Space Can Be Considered a Reasonable Accommodation under the Fair Housing Act
- 02/20/09 04:04 AM
If someone disabled asks a housing provider to create or designate a parking space for them, generally the law is going to require the housing provider to create or designate the space if three conditions are met: (1) the resident must ask for a designated space; (2) creating or designating the parking space would allow the disabled resident to live in and fully enjoy the premises; and (3) creating or designating the parking space would not create an undue financial or administrative burden for the housing provider. In processing a parking space request from someone who is disabled, the housing provider … (0 comments)
fair housing: DOJ Obtains $120,000 Settlement in Discrimination Lawsuit against Chicago Area Realtors (Resulted from Use of Fair Housing Testers)
- 02/18/09 11:20 PM
I was in the process of updating the online fair housing continuing education courses offered by my school (www.123ConEd.com), when I came across this Fair Housing Act case that was just settled two days ago (February 17, 2009). Because fair housing is such an important topic, I thought that I'd post a summary of this case. On February 17, 2009, the United States Department of Justice (“DOJ”) settled a fair housing steering case brought against RE/MAX East-West, a real estate firm in Elmhurst, Ill., and one of its former real estate agents, John DeJohn. The defendants agreed to pay $120,000 to … (5 comments)
fair housing: HUD Settles Disability Discrimination Case against Managers and Owners of Apartment Complex Who Failed to Reasonably Accommodate Autistic Child for $40,000
- 02/16/09 05:13 AM
I was in the process of updating the online fair housing continuing education courses offered by my school (www.123ConEd.com), when I came across this Fair Housing Act case. In United States Department of Housing and Urban Development v. Princeton Property Management, Inc., and Masters Loop, LLC, HUD No. 08-068 (settlement reached on May 15, 2008), HUD settled a disability discrimination case for $40,000 that was brought against the managers and owners of an apartment complex who failed to reasonably accommodate autistic child. On May 15, 2008, HUD settled a discrimination complaint filed against Princeton Property Management, Inc. and Masters Loop, LLC … (0 comments)
fair housing: Instances When a Housing Provider Can Deny a Request for a Reasonable Accommodation Without Violating the Fair Housing Act
- 02/16/09 05:03 AM
Are there any instances when a housing provider can deny a request for a reasonable accommodation without violating the Fair Housing Act? Yes. A housing provider can deny a request for a reasonable accommodation if the request was not made by or on behalf of a person with a disability or if there is no disability-related need for the accommodation. In addition, a request for a reasonable accommodation may be denied if providing the accommodation is not reasonable (i.e., if it would impose an undue financial and administrative burden on the housing provider or it would fundamentally alter the nature of … (0 comments)
fair housing: Has Anyone Ever Encountered a Fair Housing Tester?
- 02/15/09 03:47 AM
As a real estate professional, you are probably aware that are lots of "secret shoppers" scouting open houses and rental vacancies trying to catch real estate agents in a fair housing violation. Those "secret shoppers" are fair housing testers. Fair housing testing is used in measuring the practices of housing providers relating to the Fair Housing Act. Over the last several years, the United State Department of Justice has been conducting more and more fair housing testing operations looking for discriminatory housing practices. I was wondering whether anyone has ever been approached by fair housing testers (although you may not even … (5 comments)
fair housing: What Housing Providers Need to Know About Service Animals
- 02/15/09 03:21 AM
Under the Fair Housing Act, a housing provider cannot refuse housing to someone who is disabled because of their disability. Just as important, the law requires housing providers to accommodate a person’s disability by changing or modifying a rule or policy or practice when doing so is necessary to give the disabled person equal opportunity to use and enjoy his or her unit. Under the Fair Housing Act, a housing provider who has established a "no pet" policy must allow a disabled resident to keep a service animal as a reasonable accommodation. The housing provider must allow the disabled resident to … (0 comments)
fair housing: The Difference Between a "Reasonable Accommodation" and a "Reasonable Modification" Under the Fair Housing Act
- 02/10/09 11:13 PM
Under the Fair Housing Act, a reasonable modification is a structural change made to the premises whereas a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. A person with a disability may need either a reasonable accommodation or a reasonable modification, or both, in order to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Generally, under the Fair Housing Act, the housing provider is responsible for the costs associated with a reasonable accommodation unless it is an undue financial and administrative burden, while the tenant or … (7 comments)
fair housing: What is a “Reasonable Modification” for Purposes of the Fair Housing Act?
- 02/10/09 10:58 PM
A reasonable modification is a physical/structural change made to a resident’s living space or to the common areas of a community, which is necessary to enable a resident with a disability to have full enjoyment of the housing. Reasonable modifications can include structural changes to interiors and exteriors of dwellings and to common and public use areas. A request for a reasonable modification may be made at any time during the tenancy. The Fair Housing Act makes it unlawful for a housing provider or homeowners’ association to refuse to allow a reasonable modification to the premises when such a modification may … (0 comments)
fair housing: What is a “Reasonable Accommodation” for Purposes of the Fair Housing Act?
- 02/10/09 10:51 PM
Under the Fair Hosing Act, a “reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others will sometimes deny them an equal opportunity to use and enjoy a dwelling. The Fair Housing Act makes it unlawful to refuse to make reasonable … (0 comments)
fair housing: How a Housing Provider Can Determine if an Individual Poses a “Direct Threat” under the Fair Housing Act
- 02/10/09 02:09 AM
Every real estate professional should already know that the federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. What many people do not realize, though, is that the Act does not protect an individual with a disability whose tenancy would constitute a “direct threat” to the health or safety of other individuals or result in substantial physical damage to the property of others unless the threat can be eliminated or significantly reduced by reasonable accommodation. So, how can a housing provider determine if an individual poses a “direct … (0 comments)
fair housing: A Few Examples of Illegal Housing Practices Against Persons with Disabilities Under the Fair Housing Act
- 02/10/09 01:45 AM
Here is a little reminder for everyone about their obligations under the Fair Housing act with respect to people with disabilities. The following are a few examples of illegal housing practices against persons with disabilities under the Fair Housing Act: Refusing to rent or sell or otherwise making unavailable to an individual with a disability a dwelling unit, because of the buyer’s or renter’s disability; Imposing different terms and conditions on the sale or rental of a dwelling unit due to the buyer’s or renter’s disability; Coercing, intimidating or threatening a person for exercising his or her rights under the Fair … (2 comments)
fair housing: Types of Discrimination Against Persons with Disabilities Prohibited by the Fair Housing Act
- 02/10/09 01:35 AM
The goal of the Fair Housing Act is to ensure “no person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status or national origin in the sale, rental or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real-estate related transactions.” With respect to people with disabilities, the Act serves to: Give people with disabilities opportunities to choose where they want to live; Assure that reasonable accommodations and reasonable modifications are made so that a person with a disability can secure and use housing as fully as a person without … (2 comments)
fair housing: Rules About When and How a Tenant Must Request a Reasonable Accommodation or Permission to Make a Reasonable Modification
- 02/08/09 08:08 AM
Under the Fair Housing Act, a resident or an applicant for housing makes a reasonable accommodation request whenever she makes clear to the housing provider that she is requesting an exception, change, or adjustment to a rule, policy, practice, or service because of her disability. She should explain what type of accommodation she is requesting and, if the need for the accommodation is not readily apparent or not known to the provider, explain the relationship between the requested accommodation and her disability. Similarly, a resident or an applicant for housing makes a reasonable modification request whenever she makes clear to the … (3 comments)
fair housing: Who Is Considered a Person with a Disability in Michigan
- 02/08/09 07:57 AM
Various fair housing laws use the terms “handicap” and “disability” interchangeably. Disability is the preferred term when referring to this group. Federal law defines a person with a disability as: • A person who has a physical or mental impairment that substantially limits one or more major life activities (“major life activity” means those activities that are of central importance to daily life, such as seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, and speaking) • Someone who is regarded as having such an impairment • Individuals with a record of such an impairment. Michigan state law … (3 comments)
fair housing: Disability Laws that Apply to Housing in Michigan
- 02/08/09 07:53 AM
The following disability-related laws apply to housing in Michigan: Fair Housing Act: The federal Fair Housing Act (Fair Housing Amendments Act of 1988, which became effective March 12, 1989) prohibits sellers or people in the real estate industry from discriminating against people because of their disability or the disability of anyone associated with them. The laws also include accessibility design and construction requirements for multifamily housing. Section 504 of the Rehabilitation Act of 1973: Section 504 prohibits discrimination based on disability in any housing, program or activity receiving federal financial assistance. Americans with Disabilities Act: In most cases, the ADA does … (0 comments)
fair housing: US Department of Justice Settles Fair Housing Act Case Brought Against Owners and Operators of Michigan Apartment Complex for $50,000
- 02/06/09 01:36 AM
I was in the process of updating the online fair housing continuing education courses offered by my school (www.123ConEd.com), when I came across this recent Fair Housing Act case. Because Fair Housing is such an important topic, I thought that I'd post a summary of this case. On January 18, 2007, the United States Department of Justice settled a fair housing retaliation case against the owners, operators and managers of Fairway Trails Apartments, an apartment complex located in Ypsilanti, Michigan. The case was brought under the Fair Housing Act against Nicole Morbach (property manager), Benchmark Management Corporation (management company), Benchmark Michigan … (0 comments)
fair housing: Fair Housing Testing Program
- 02/05/09 07:45 AM
As a real estate professional, you need to be aware that there are "secret shoppers" scouting open houses and rental vacancies trying to catch real estate agents in a fair housing violation. Those "secret shoppers" are fair housing testers. Fair housing testing is an invaluable tool used in measuring the practices of housing providers relating to the Fair Housing Act. Some unlawful housing discrimination practices can only be discovered through fair housing testing. Information gathered through fair housing testing can be used as evidence to support a client's administrative housing discrimination complaint with the Department of Housing and Urban Development ("HUD") … (0 comments)
fair housing: Justice Department Settles Lawsuit with Landlord Alleging Discrimination Against Families with Children for $145,000
- 02/02/09 10:40 AM
I was in the process of updating the online fair housing continuing education courses offered by my school (www.123ConEd.com), when I came across this recent Fair Housing Act case. Although this case was filed in Louisiana and not in Michigan, the case is still instructive for Michigan real estate professionals because it was brought under the federal Fair Housing Act, which applies equally in all states. Because Fair Housing is such an important topic, I thought that I'd post a summary of this recent case. On September 30, 2008, the United States Department of Justice settled a fair housing lawsuit for … (3 comments)
fair housing: Justice Department Resolves Lawsuit Alleging Race Discrimination at Roseville, Michigan, Apartment Complex for $170,000
- 02/02/09 06:27 AM
I was in the process of updating the online fair housing continuing education courses offered by my school (www.123ConEd.com), when I came across this recent Michigan Fair Housing Act case. Because Fair Housing is such an important topic, I thought that I'd post a summary of this recent case. In late November 2008, the United States Department of Justice settled a fair housing lawsuit for $170,000 against the owners and managers of Regent Court Apartments in Roseville, Michigan. The lawsuit alleged that the owners and managers had discriminated against African-Americans who were seeking to rent apartments at the complex. Specifically, the … (2 comments)
A housing provider is entitled to obtain information that is necessary to evaluate whether a requested reasonable accommodation or reasonable modification may be necessary because of a disability. If a person’s disability is obvious, or otherwise known to the housing provider, and if the need for the requested accommodation or modification is also readily apparent or known, then the housing provider may not request any additional information about the requester’s disability or the disability-related need for the accommodation or modification.
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