By Dennis Norman, on August 10th, 2009

Referring Site: Real Estate Industry News

Dennis Norman

Dennis Norman

By: Dennis Norman

When we speak of discrimination in housing it seems many people think of it only in terms of discrimination based upon race. However, landlords and property managers need to remember that the Federal Fair Housing Laws that make it illegal to discriminate in housing based upon race also make it illegal to discriminate against people based upon religion, sex, familial status or disability.

Recently I have noticed several cases involving discrimination in housing based upon a persons disability. This area of the Fair Housing laws may be the most difficult for property owners to understand what is necessary on their part in order to comply. The other forms of discrimination are a little more apparent; you cannot refuse to rent to someone based upon their race or color, sex, etc. While this applies to people with disabilities as well, the laws also require that, in the case of persons with disabilities, you make reasonable accommodations to make your property accessible to them. This is where many property owners seem to have problems.

Property managers need to make sure they fully understand Fair Housing laws and realize that going along with, or participating in, a property owner that is violating those laws could be costly to them as well.

Before I go further, my customary disclosure, “I am not an attorney and this is not legal advice”. You should seek guidance and help from appropriate professionals when deal with complying with Federal Fair Housing laws.   What this is intended to be is an article that heightens your awareness and also illustrates some of the repercussions of not getting yourself up to speed on things such as this.

The following is information on a lawsuit that was filed by the Department of Justice against the property owners and managers on behalf of a tenant:

Last week the DOJ announced an agreement with the former owners and managers of Valley View Apartments in Longview, Washington to settle allegations that they violated the Fair Housing Act by intentionally discriminating against an individual with a disability. Under the settlement the defendants must pay a total of $35,000 to the complainant.

The lawsuit originated from charges filed by the Department of Housing and Urban Development (HUD) on behalf of a tenant of Valley View Apartments.  In 2004 the tenant, who has a mobility impairment that limits his ability to enter or exit a car, asked to use two contiguous parking spaces in the apartment complexes lot until a handicap accessible space became available. The complaint alleged that the former owners and managers of the apartments violated the Fair Housing Act when they intentionally discriminated against the tenant by refusing his request and by initiating retaliatory eviction proceeds. The complaint also alleged that the tenant’s request was reasonable and necessary to afford him an equal opportunity to use and enjoy his dwelling.

As you can see, failing to comply with Fair Housing Laws can put property owners and managers on the receiving end of a lawsuit from the Department of Justice and be very costly. The DOJ takes these issues very seriously as evidenced by the comment by acting Assistant Attorney General Loretta King of the Civil Rights Division, “Individuals with disabilities have the basic right to expect reasonable accommodations that allow them access to housing……This settlement should send a strong message to landlords that they must take all requests for reasonable accommodations very seriously.”