InvestigationsKitty A. Amaya

Acting Omaha FHEO DirectorOffice of Fair Housing and Equal Opportunity

September 17, 2015

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FHEO’s Mission

Fair Housing: To create equal housing opportunities for all persons in America by administering laws that prohibit discrimination in housing on the basis of race, color, religion, national origin, sex, disability, and familial status.

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Fair Housing Act

Prohibits discrimination on the basis of:

Race ColorReligionNational OriginSexFamily Status Disability

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The Fair Housing Act: Defining Family Status

The presence of one or more children under the age of 18 in the household

Parent, step-parent, adoptive parent, guardian, foster parent or custodian of a minor child

Pregnant woman or someone in the process of acquiring legal custody of a child

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The Fair Housing Act: Defining Family Status

Family Status protects ALL families:

MarriedSingleSeparated DivorcedWidowed

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The Fair Housing Act: Defining Disability

A physical or mental impairment which substantially limits one or more “major life activities”

A record of having such an impairment

Does not include current illegal drug use or addiction

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The Fair Housing Act: Defining Disability

Physical or Mental impairments include, but are not limited to:

• Visual, speech, mobility or hearing impairments

• AIDS• Mental/Emotional illness• Drug addiction (other

than addiction caused by current, illegal use of controlled substances)

• Alcoholism

CONDUCT PROHIBITED BY THE FAIR HOUSING ACT

Unlawful to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin

§ 3604(a) Discriminatory Refusals to Sell or Rent

Unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin

§ 3604(b) Discriminatory Terms and Conditions

Unlawful to make, print, or publish …any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination

§ 3604(c) Discriminatory Statements, Advertising

Unlawful to represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available

§ 3604(d) Misrepresentations of Availability

For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status or national origin

§ 3604(e) Blockbusting

§ 3604(f)(1) Discriminatory refusals to rent or sell because of a handicap of:

§ 3604(f)(2) Discriminatory terms and conditions because of a handicap of:◦(A) that person◦(B) person residing in or intending to reside in the dwelling

◦(C) any person associated with that person

§ 3604(f) Disability Provisions

Refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if modifications may be necessary to afford such person full enjoyment of the premises, except…

§ 3604(f)(3)(A) Reasonable Modifications

Refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling

§ 3604(f)(3)(B) Reasonable Accommodations

Covered multifamily dwellings designed and constructed for first occupancy after March 13, 1991, must have accessible public use and common use areas, doors must be sufficiently wide for wheelchairs, and all premises within dwellings must have certain adaptive design features

§ 3604(f)(3)(C) Design and Construction Requirements

Unlawful for any person or other entity whose business includes engaging in residential real estate transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin

§ 3605 Discrimination in Residential Real Estate Related Transactions

Unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers’ organization or other service …or to discriminate in the terms and conditions of access, membership or participation, on account of race, color, religion, sex, handicap, familial status, or national origin

§ 3606 Discrimination in Provision of Brokerage Services

Unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account his having exercised or enjoyed, or aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by section 3603, 3604, 3605, or 3606 of the Act

§ 3617 Retaliation Provisions

If a person thinks their fair housing rights have been violated, they may file a fair housing complaint by

writing a letter, filling out a complaint form online, or calling a fair housing office in their region.

What is an Allegation of Discrimination?

The Complainant is a Member of a Protected Class:1. RACE2. COLOR3. RELIGION 4. NATIONAL ORIGIN (ETHNICITY)5. SEX (GENDER)6. FAMILIAL STATUS (CHILDREN < 18, PREGNANT,

ADOPTION, LEGAL OR PHYSICAL CUSTODY)7. DISABILITY (PHYSICAL, MENTAL,

DEVELOPMENTAL, PERCEIVED AS, HISTORY OF)

First Element of Standing

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1. The Complainant(s) Has STANDING: Person must be aggrieved by a discriminatory practice that has, or is

about to occur. (May be an individual or an organization i.e. FHAP)

2. The Respondent(s) and Dwelling are COVERED by the Act: Respondent may be an individual, organization, association,

corporation, municipality, trust, trustee, or other entity defined as a “person” under the Act.

Dwelling is covered if is it intended or designed for occupants, who intend to remain for any significant period of time.

3. The Complaint is TIMELY: Filed within one year from the last date of alleged discrimination

4. There is SUBJECT MATTER JURISDICTION: Did the person allege an injury based on the protection provided by

the law?

4 ELEMENTS OF JURISDICTION

Obtain all Relevant and Pertinent Facts and Information Necessary to Determine if there is Evidence that the alleged Discrimination Occurred

If there is a Determination that the Facts and Information Collected Demonstrate a Violation Under the Act, HUD will Issue a Charge

Negotiate a Conciliation Agreement to Resolve the Complaint

Purpose of a Fair Housing Investigation

The Investigator Represents the Government

The Investigator Services the Public Interest

Vested with Legal Authority to Affect Persons and Property

Is Tasked With Answering This Question: ◦ If the facts disclosed or discovered during the investigation

prove the truth of the complainant’s allegation, did the respondent commit an unlawful act of housing discrimination?

The Role of the Investigator

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The Investigator’s principle function is to OBJECTIVELY determine whether there is reasonable cause to believe that a

violation of the Fair Housing Act has occurred by conducting a fair, impartial, and thorough investigation

into the facts and circumstances of each complaint.

The Investigator is a Neutral Fact Finding Third Party Until a Determination is Made.

FAIR: The Investigator treats both parties and all witnesses and

representatives with equal respect and without prejudging either.

IMPARTIAL:The Investigator does not support either side involved in a Complaint.

THOROUGH: The Investigation must be detailed, careful, and complete.

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1. Any person who believes he/she has been injured, based upon their protected class files a complaint2. The Respondent(s) will be notified of the filed complaint, and has 10 days to submit a response (may ask for an extension)3. Investigator will interview the Complainant(s), Respondent(s), Witnesses Identified by Both Parties, and Neutral Witnesses

Fair Housing Investigation Process

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4. The Investigator will review and request copies of documents establishing the policies, practices, and procedures of the Respondent(s)

5. The Investigator may also use other forms of evidence in evaluation of the complaint and housing provider’s defenses (e.g., statistical data from the U.S. Census)

6. The Investigator will make good faith efforts from time of filing and until a final determination of merits to resolve the issues through the Conciliation Process

Fair Housing Investigation Process

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7. If conciliation is unsuccessful, the Investigator will issue a determination on the merits to indicate whether or not the evidence supports allegations of a discriminatory housing practice.

Fair Housing Investigation Process

The Effectiveness of an Investigation is Vital to the Enforcement of Fair Housing Laws. The Pursuit of Truth in our Investigations Goes Far in Ensuring that Housing is Offered and Obtained Fairly.

The Law

Disability: Department of Justice

Sexual Harassment: Department of Justice

Familial Status; Gender: Five Million Dollars

EXAMPLES: Let’s do an investigation!

Complainant alleged that he applied to the local housing authority. He alleged he met the criteria and qualified for the Respondent’s program. The Complainant believes but for his mental disability, the Respondent would have allowed him into its program.

How do we get to the facts of what really happened?

Disability: Department of Justice

The Complainant alleged that the Respondent touched her breasts in the elevator. The Complainant further alleged during her less than one year tenancy, the Respondent has made sexually explicit comments to her. The Complainant alleges when she told the Respondent, “No,” he threatened to evict her.

How do we get to the facts of what really happened?

Sexual Harassment: Department of Justice

The Complainant alleged that they applied for a loan with the Respondent. /the Complainant’s wife was pregnant at the time of the application and the Respondents issued them a pre-approval. On the day the Complainants were to close on their new home, the Respondent called to inform the Complainants they were denied the loan, because the Complainant was on maternity leave and therefore, not working.

What do we do?

Familial Status; Gender: Five Million Dollars

http://www.justice.gov/archive/opa/pr/2007/October/07_crt_847.html

  http://www.justice.gov/opa/pr/justice-depart

ment-settles-housing-discrimination-lawsuit-waterloo-iowa

http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2014/HUDNo_14-124

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