What Seniors Need to Know About Fair Housing
Materials prepared by Iowa Legal Aid
Under a Grant from the U.S. Department of Housing and Urban Development
Many
people think of fair housing laws as dealing only with race. In 1988, the Fair Housing Law was changed to
include persons with disabilities. Many
seniors may qualify as persons with disabilities under federal and state fair
housing laws. These laws may help seniors
stay in their own homes longer, and provide other protections.
1. What do
fair housing laws do?
Fair
housing laws protect people from discrimination based on: race, color, national
origin, religion, sex, disability and familial status.
The
main fair housing law is the Federal Fair Housing Act. The Fair Housing Act is Title VIII of the
Civil Rights Act of 1968. Iowa also has
a fair housing law. It is similar to
the federal law.
2. Why
should seniors care about fair housing laws?
Seniors
may not think of themselves as persons with disabilities, but they may well be
covered under fair housing laws. If so,
they could have additional protections that could be important.
3. Who is
considered disabled under fair housing laws?
The laws cover someone:
·
With
a “physical or mental impairment that substantially limits one or more major
life activities” or
·
Who
has a record of having such an impairment, or
·
Who
is regarded as having such an impairment.
4. What
protections do fair housing laws give?
·
It
is illegal to discriminate based on disability
·
Landlords
and others have to make “reasonable accommodations” in rules, polices,
practices or services.
·
Landlords
must allow tenants with disabilities to make changes (“reasonable
modifications”) to the rental unit or common areas. These changes are usually at tenant expense.
·
Newer
apartments (built for first occupancy after March 13, 1991) should already have
accessible entrances and common areas, and adaptable rental units.
5. What are
some examples of “reasonable accommodations”?
Changes
to a rule, policy, practice or service could include:
·
Having
the landlord provide a parking place near the door for someone with mobility
problems
·
Allowing
a service animal or therapy animal even though there is a “no pets” policy
·
Having
the landlord stop by to pick up the rent, rather than having the tenant take
the rent to the office
6. Are there
limits on what a landlord has to do as a reasonable accommodation?
Yes. The landlord does not have to do anything
that is too expensive or burdensome.
Also, the landlord does not have to do anything that fundamentally
changes the nature of the housing offered.
For example, the tenant would not be entitled to have the landlord
administer medication. That would change
the housing to assisted living.
7. Is it too
late to ask for a reasonable accommodation after an eviction notice is given?
Not
necessarily. It IS necessary to ASK for
a reasonable accommodation. It is best
to do so in writing, so that there is no doubt about whether the request was
made. The tenant can still ask for a
reasonable accommodation, even after getting a notice from the landlord. If the landlord denies the accommodation,
the tenant may be able to raise that at the eviction hearing.
8. Does the
landlord have to make changes to the interior of the rental unit?
Generally,
the landlord does not have to make changes such as installing ramps, lowering
light switches, or widening doorways.
These are considered “reasonable modifications” which the tenant
generally has to pay for. However, the
landlord has to allow the tenant to make reasonable modifications.
9. Can a
landlord ask for an additional deposit if the tenant makes a reasonable
modification?
A
landlord cannot make a tenant pay a higher general deposit. It would be discrimination to charge
disabled tenants more than others. A
landlord may fear that a wheel chair may bump into walls and wear out the
carpet. That is not a legitimate reason
for charging a higher deposit.
Some
modifications may need to be put back when the tenant leaves. The FHA allows an extra deposit if
needed. It depends on how much it will
cost to put things back. The amount of
the deposit must be “reasonable.” The
total can’t be more than the cost of restoring the unit.
Also,
a tenant should be allowed to pay the extra deposit “over a reasonable
period.” Any interest earned on the
extra deposit belongs to the tenant.
The next tenant may not want the modification changed back. If so, the landlord is supposed to return
the extra deposit. The landlord could
ask the next tenant for an extra deposit.
10. What
sorts of modifications will need to be put back as they were?
The
federal regulations give only two examples:
(1) Grab bars in the bathroom
The regulations say it would be reasonable for a landlord to require the
removal of the grab bars. The wall reinforcements can be left as they are. (2) Widening the bathroom doorway. This does not have to be changed back.
The
second example is understandable. The
first example seems odd. Grab bars
wouldn’t interfere with future use. A
future tenant might appreciate the grab bars.
Anyone can slip in the tub.
However, these are the only examples given in the federal
regulations. There are few court cases
in this area to help interpret this requirement.
11. How can
common areas be made accessible?
For
newer multi-family buildings (built for first occupancy after March 13, 1991),
the common areas should already be accessible.
If not, the common areas may have to be changed without charge to the
tenant.
For
older units, the tenant may have to pay for the changes. A change to a common area does NOT have to
be changed back.
12. What if
a tenant cannot afford to pay for a reasonable modification to a common area?
Sometimes
another way can be found to provide access.
For example, let’s say the laundry room is not accessible. Perhaps a relative or friend could do the
laundry for the tenant. The landlord
may have a rule that only tenants can use the laundry room. The tenant could ask for an exception under
the “reasonable accommodation” requirement.
13. What can
be done if there is a violation of fair housing laws?
–File a complaint with the Iowa Civil Rights
Commission. The time limit for filing a
complaint with the ICRC is 180 days from the time the discrimination happened.
Iowa Civil Rights Commission
Grimes Building, 400 E. 14th
Street
Des Moines, IA 50319-1004
800-457-4416
515-281-4121
www.state.ia.us/govermnent/crc
–File a complaint with the United States Department
of Housing and Urban Development. The
time limit for filing a complaint with HUD is one year from the time the
discrimination happened.
U.S. Dept. of Housing and
Urban Development
www.hud.gov/complaints/housediscrim.cfm
Housing Discrimination
Hotline
800-669-9777
Multi-Family Housing
Complaint Line
800-685-8470
–File a lawsuit without going to either the ICRC or
HUD first. A lawsuit has to be filed
within two years of the time the discrimination happened. It is usually a good idea to talk to a
lawyer before deciding what the best course of action might be.
Legal Resources:
Persons who need legal advice or representation may
be able to get help from the following organizations:
Legal Hotline for Older Iowans
1-800-992-8161
Iowa Legal Aid
1111-9th Street, Suite 230
Des Moines, IA 50314-2527
1-800-532-1275 (regular and TYY)
University of Iowa College of Law
Clinical Law Program
Iowa City, IA 52242-1113
(319) 335-9023
Other Resources:
Iowa Division of Persons With Disabilities
Lucas Building
321 East 12th Street
Des Moines, IA 50319
888-219-0471
515-242-6172
http://www.state.ia.us/government/dhr/pd/
Iowa Governor’s Developmental Disability Council
617 East 2nd Avenue
Des Moines, IA 50309
800-452-1936
515-281-9082
http://www.state.ia.us/ddcouncil/
Iowa COMPASS
Center for Disabilities and Development
100 Hawkins Drive
Iowa City, IA 52242-1011
800-779-2001
877-686-0032 (TYY)
319-353-8777
National Fair Housing Advocate
800-254-2166