The City of Terre Haute Human Relations Commission presents

The City of Terre Haute Human Relations Commission presents

Community Fair Housing Workshop

Sponsored by the Indiana Civil Rights Commission and the Indiana Housing and Community Development Authority

IndianaCivil Rights Commission

Welcome

April 18, 2011

Joshua Sol Brewster, Esq.Deputy Director, Indiana Civil Rights Commission

Title 32, Article 31

Applies to rental agreements for DWELLINGS

Does NOT apply to Medical care residence Contract for sale Hotels, motels Occupancy conditioned on employment Condominiums

Indiana Civil Rights Commission

Deposits must be returned upon termination, but

Landlord may deduct: Unpaid rent (if agreed) Damages Unpaid utility fees


Upon termination, tenant must inform landlord of new mailing address.

Landlord must itemize deductions and notify in writing within 45 days of termination.

Landlord must include payment of remaining deposit with notice.

Failure to provide notice within 45 days, landlord must reimburse FULL deposit.

Failure to comply with law, landlord is liable for deposit PLUS attorney fees and costs. Indiana

Civil Rights Commission

“Exempt property” Medical supplies Business supplies Clothing Blankets Schooling/child care supplies

Property may not be taken by landlord in compensation for debt, unless agreed to.


Non-exempt property may be removed by landlord ONLY when: Abandoned by tenant or Upon court order following possession

Landlord must notify tenant of order and location of warehouse.

Warehouse must release exempt property upon owner demand, without cost. Indiana


A warehouse holds a lien on non-exempt property for Storage Transportation Insurance Labor Present or future charges related to the

property Expenses necessary for preservation of the

property Expenses reasonably incurred in the lawful sale

of the property

Warehouse may sell property 90 days after landlord’s notice of removal.


A landlord may not interfere with a tenant’s access to a dwelling.

Unless property has been “abandoned”: Tenant has failed to pay rent, Offered to pay rent, OR Surrendered possession


“Interference” includes: Changing locks Removing doors Removing appliances Interrupting utilitiesLandlord may interrupt these services ONLY in an

emergency or for repairs.Neither shall a tenant interrupt these services if

doing so would cause damage to unit.


A tenant may not unreasonably deny landlord access to dwelling for: Inspection Necessary or agreed repairs Provision of services Exhibition of unit to prospective tenant,

purchase, contractor, etc.


A landlord shall provide reasonable notice of entry.

A landlord shall enter only at reasonable times.

A landlord may ONLY enter a dwelling without notice in an emergency.

A landlord may ONLY enter a dwelling without consent upon court order or abandonment. Indiana


Either a tenant OR a landlord may petition a Small Claims Court for an order granting emergency possession of a dwelling unit when: A landlord has interfered with access, A tenant has or threatens to commit

“waste” to the property AND Serious loss, damage or injury has

occurred.Indiana Civil Rights Commission

Comply with health and housing codes Keep premises clean Use utilities and appliances reasonably Refrain from damaging property Return property to original condition,

excepting ordinary wear and tear

After notice and time to remedy, a landlord may bring court action to enforce these obligations.


Deliver unit in safe, clean, habitable condition Comply with health and housing codes Keep common areas in clean and proper

condition Maintain in good condition electrical,

plumbing, heating/AC, sanitary, elevators, and appliances

Tenant, after notice and time to remedy, may bring court action to enforce these obligations.


Applicable offenses: Crime involving domestic or family violence Sex offense Stalking

A landlord shall not refuse to rent to, renew the lease of, evict or retaliate against a tenant, applicant or member of the household of one who is the victim or alleged victim of an applicable offense.


A landlord shall, upon court order and notice, change the locks of a protected individual within 48 hours (24 hours if victim lives with perpetrator).

Tenant is responsible for paying for new locks (unless landlord fails to change locks in timely manner).

A landlord is not liable for excluding a perpetrator from the protected unit.

A victim may terminate a lease upon 30-day notice, showing of court order and “safety plan”.


Indiana Code Title 22, Article 9.5

A landlord shall not refuse to: Rent Negotiate for rent Deny availability Offer different terms/conditions of rental,

or Otherwise make unavailable a unitBecause of a person’s race, color, religion,

national origin, sex, disability or familial status.


A landlord shall not impose unreasonable occupancy limits on rental units.

2 persons per bedroom is considered reasonable, BUT dependent on size of unit.

Has the effect of excluding families with children.


A landlord must make reasonable accommodations in rules or policies in order to allow a tenant with a disability to enjoy the use of the premises.

EXAMPLES Assigned parking Service animals Delivery of rent payment Indiana


A landlord must allow, at the expense of the tenant, reasonable modifications to the tenant’s unit in order to allow equal enjoyment of the dwelling.

EXAMPLES Installing grab bars in bathroom Widening doorways Installing ramps Removing carpet Lowering cabinets


Multi-family dwellings built after 1991 MUST be accessible to people with disabilities. All units with elevators Ground floor without elevators

Access into, through and among units, including common areas.


A neighborhood association or municipality may not unreasonably prohibit the rental of single-family homes.

Such prohibitions may have a disparate impact on minority populations.

See Villas West II of Willowridge Homeowners Assoc. vs. McGlothin, 841 N.E.2d 584 (Ind.Ct.App. 2006) Indiana


Indiana Civil Rights Commission100 North Senate Ave., N104

Indianapolis, IN 46204(800) 628-2909

District 7 Pro Bono OrganizationDistrict 7 Pro Bono Organization506 Ohio Street, Suite 2

P.O. Box 3342Terre Haute, IN 47803

(812) 478-2666Indiana Civil Rights Commission





Section 8/Homeless Prevention and Rapid Re-housing Program (HPRP)

Terre Haute Housing AuthorityKelli Fuller, Manager

Wanda Hoffman, Section 8 SupervisorAmelia Combs, HPRP Case Manager

Marsha Carlock, Senior Property Manager

Henrietta PoindexterREPACE Director, Indiana Civil Rights Commission

April 18, 2011

1961-Fair Employment Practice Commission

Limited to employment mattersNo enforcement ability


Areas and groups1963-Act became lawName changed: Indiana Civil Rights

CommissionEnforcement Powers: Employment,

Education & Public Accommodation1965-Housing added1971-gender


1974-Credit 1975-Disabilities added as protected

class 1991-Enforcement changed to comply

with the Federal Fair Housing Act Coverage added for families with children

under 18 Victims of housing discrimination given

right elect agency or judicial enforcement of claims


Most of 20th Century, people with disabilities were not part of the “mainstream” housing market

Responsibilities of housing providers to: Accommodate people with disabilities. Provide Accessible housing Make modifications


EqualityIntegrationChoiceIndividuality


People with disabilities should have an equal opportunity to live where they want, and not be subjected to rules or requirements that are different from those applied to people without disabilities.


People with disabilities are entitles to live in communities with their neighbors.

Integration does not just mean physical presence in a neighborhood, but participation in community services and activities. Indiana


People with disabilities are entitled to choice where they want to live.

All people, including individuals with disabilities, learn by taking risks; the “Dignity of Risk”.

“Nothing About Us Without Us”Indiana Civil Rights Commission

Housing providers must respect the unique needs and circumstances of individuals with disabilities and offer reasonable accommodations to meet these needs when requested.


Indiana Civil Rights Act Indiana Fair Housing Act Federal Fair Housing Act Americans with Disabilities Act Architectural Barriers Act Rehabilitation Act


Americans with Disabilities Act (ADA)Prohibits discrimination in the areas of:

– Employment– Public Accommodations– Public Transportation– State/Local Government Activities


Architectural Barriers Act Buildings constructed, designed or altered

with the use of Federal funds must be accessible to persons with disabilities.

Rehabilitation Act (Sec.504) Prohibits discrimination in any program

benefiting from Federal funds.


Indiana Civil Rights Act Employment, Public Accommodation, Real

Estate, Credit and Education Indiana Fair Housing Act

Housing


Prohibits discrimination on the basis of:

• Race/color• National origin• Religion• Sex

• DisabilityIndiana Civil Rights Commission

“Disability” is defined as:

A substantial impairment, which

Limits a major life activity.


Caring for one self Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working And others Indiana


A record of having such an impairment

Being regarded as having such an impairment


Use of illegal drugs Conviction of manufacture or distribution

of illegal drugs Direct threat to others.


Accessibility

Accommodations

Modifications


• Landlords• Housing Managers• Real Estate Personnel • Brokerage• Housing Service Persons• Lending institution cannot ask if you

have mental or physical disability or nature of that disability

• Only ask questions that are asked of all applicants


RaceColorReligionSexDisability (Handicap)National OriginFamilial Status


Refuse to sell, rent or negotiate Discrimination in terms, conditions, privileges and

facilities Discriminatory advertisements, statements and

notices Discriminatory representations on the availability

of dwellings Discrimination in provision of brokerage services Interference; Coercion; Intimidation Disabilities

Reasonable Accommodations Reasonable Modifications Design and construction requirements


State and Federal law requires multi-family dwellings to be accessible: Into and through apartment unit Between apartment units and common areas

(pools, laundry, mail, leasing office, parking areas)

Failure to Design and Construct Accessible Housing


ALL multi-family dwellings built after 1991 must be accessible. All ground floor units in non-elevator buildings ALL UNITS in buildings with elevators


Doors wide enough for wheelchairs Accessible Common areas Accessible paths of travel Reinforced Bathroom walls Accessible light switches and electrical

outlets. Etc.


Landlords must accommodate persons with disabilities Accommodations are changes in the RULES

which allow the person to enjoy their housing like someone without a disability.

Examples would be assigned parking for disabled, allowance of service animals in otherwise no-pet community, etc.


Not be an undue burden

Or a fundamental alteration of landlord’s programs or services


The tenant should request the accommodation/modification IN WRITING, stating why it is needed.

A landlord may request a doctor’s statement of the necessity of the accommodation, but MAY NOT inquire as to the details of the disability.


Landlords are also required to allow structural modifications, if necessary for the enjoyment of the unit A landlord may require the tenant to pay for

modifications and return unit to previous condition upon move out.

Examples would include lowered counter tops, widen doorways, remove carpet, install ramp, etc.

A landlord need not make a modification that fundamentally alters the structure of the building or is overly burdensome.


Reading the rental application (visual impairment or learning disability)

Helping individual with cognitive disabilities fill out an application

Changing a no pets rule to allow a companion animal for someone with a psychiatric disability

Keeping laundry room door closed (multiple chemical sensitivity person)


Large print or calling a blind tenant to read the contents of notices

Sending monthly reminders on rent day for head injury or memory lapses persons

Allowing reasonable extension on rent due for someone who has been hospitalized due to disability

Posting no smoking for asthma. MCS and breathing disabilities. Indiana


• ALL HOUSING COMPLAINTS2008-46682009-45742010-4866

• HA COMPLAINTS2008=HUD-141, FHAP(Region Five-563) 2009=HUD-146, FHAP(Region Five-551) 2010=HUD-125, FHAP(Region Five-627)

• CRC HA COMPLAINTS RECEIVED2008-622009-402010-52


Over 69% of HO cases completed in less than 93 days

Darden & Reinstaltler v Highland Springs South Homeowners Association (HOha09020052/05-09-0587-5)

Johnson, Jeffrey v Centerstone of IN, Inc (HOha08100645/05-09-0087-8)

Garner, Nancy v Jeffersonville Housing Authority (HOha06060206/05-05-1305-8)

Commission ALJ largest HO judgment awarded


Tenant B who is 85 years old, and has lived in her apartment for 30 years has become unsteady on her feet, experiences memory lapses, and is no longer able to maintain her previously high housekeeping standards. Trash has been piling up in her apartment. She forgets to pay the rent. She left the stove on recently but no harm was done.

She received a notice to vacate, based on her inability to maintain her apartment. What can she do?


Record of Substantial Impairment

Accommodations Regarded as

Undue Burden 1991Indiana Civil Rights Commission

1965

Modifications Integration Indiana Civil Rights Law

Request

Accessibility HUDFundamentally Alters

FHA

Indiana Civil Rights Commission(800) 628-2909http://www.in.gov/icrcJamal Smith, Executive DirectorJoshua Brewster, Deputy DirectorHenrietta Poindexter, Program [email protected]


http://www.in.gov/icrc

"Disability is not a brave struggle or ‘courage in the face of adversity.’ Disability is an art. It’s an ingenious way to live." - Neil Marcus

A true friend knows your weaknesses but shows you your strengths; feels your fears but fortifies your faith; sees your anxieties but frees your spirit; recognizes your disabilities but emphasizes your possibilities.” - William Arthur Ward






Family Sufficiency Program/Housing Opportunities for Persons with AIDS

Terre Haute Housing AuthorityDeb Gorgel, Public Housing/Family Sufficiency Manager





Closing Remarks

Daniel O. Lopez, Education Director, Indiana Civil Rights Commission

The City of Terre Haute Human Relations Commission presents

Documents

Transcript of The City of Terre Haute Human Relations Commission presents