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For more information, contact Carey Stone at 213-389-2077, ext. 15, or cstone@mhas-la.org. Fair Housing laws prohibit discrimination in housing based on the following characteristics: Race, religion, national origin, color, sex, marital status*, ancestry*, familial status, disability, sexual orientation*, source of income.* * Indicates a prohibited basis for discrimination in California, but not under federal law. Disclaimer: The Fair Housing Tip of the Month program is for educational purposes only and does not constitute legal advice. If you have a legal question, please contact MHAS or another attorney of your choice. The Fair Housing Tip of the Month is funded by a grant from the U.S. Dept. of Housing & Urban Development Fair Housing Initiatives Program (Grant #FH400G10022).
Tip #1 Requests for Reasonable Accommodations “I live in a large apartment building, and the rule is that we can only enter and exit through the front door. There are frequently a lot of people around the front door, and because of my disability it makes me really uncomfortable to be near all those people when I come and go. I have missed appointments because I am too scared to leave my home because of having to go through the front door and run into strange people. I asked the management if I could go through the back door, and they said no. What should I do?” The law says: Fair housing laws require that housing providers make exceptions to rules when they are both reasonable and necessary to allow a person with a disability to live in housing. These exceptions are called “reasonable accommodations.” The law is that a tenant must request the accommodation and show that his disability makes it necessary, and the landlord must grant the request, unless it is too difficult or expensive (called an “undue burden”) or it would be completely outside the normal course of business (called a “fundamental alteration”). What to do: Explain to your building’s management that you have a disability that makes it extremely unsettling to have to pass by people at the front door. Ask for permission to use the back or side door, as a reasonable accommodation. It is a good idea to put the request in writing, with the date and your signature. The management might ask for a letter from your healthcare or service provider confirming that you have a disability that makes it difficult to be around people. If the management denies your request, find out why, and try to work with the management to find an accommodation that works for both of you. Management might have legitimate safety concerns for not using the back door. Look for creative solutions that will allay management’s concerns and meet your own needs at the same time. If you can’t come to a resolution that is acceptable to both of you, and you think your housing provider is not working with you in good faith to find a workable solution, you may file a complaint with a local fair housing agency, with California’s Department of Fair Employment and Housing (DFEH), or with the U.S. Department of Housing and Urban Development (HUD). To file a complaint with the U.S. Department of Housing & Urban Development (HUD), call (800) 669-9777, or click here: www.hud.gov/offices/fheo/online-complaint.cfm To file a complaint with the California Department of Fair Employment & Housing (DFEH), call (800) 884-1684, or click here: http://www.dfeh.ca.gov/Complaints_FileComplaint.htm
Tip #2 Reasonable Accommodation and Foreclosure “My landlord is in foreclosure because he couldn’t keep up with his mortgage payments. I’m scared about having to move because I have a serious disability that makes looking for a new home very difficult. Can I request extra time as a reasonable accommodation? How much time do I have? What are my rights?” The law says: In 2009, Congress passed the federal Protecting Tenants in Foreclosure Act (PTFA) to give tenants living in foreclosed properties extra time to find a new place to live. Unfortunately, there are many unscrupulous people who will misrepresent the law to deprive tenants of these rights in order to get them out of their property quickly. Sometimes a tenant receives a notice from the bank or new owner that misstates the law, and orders the tenant out within 3 days. It is very important, therefore, to understand your rights as a tenant in foreclosure. Under the PTFA, if you have a lease and continue to pay your rent, the new owner cannot evict you until after your lease expires, unless he plans to move in and occupy your unit himself, in which case he must give you at least 90 days notice. If you have a month-to-month lease, the new owner can give you 90 days notice, as well, regardless of who will live there. If you fail to pay your rent, or commit a breach of the lease, you could still be evicted with a 3-day notice, as you could even if the property had not been foreclosed. Even after a foreclosure, fair housing law still demands that the new landlord consider a request for an accommodation, and grant the requested accommodation if it is reasonable. A reasonable accommodation is a change in rules or procedures to allow a person with a disability equal access to a housing opportunity. It must be necessary because of the disability, and it cannot pose an undue burden on the landlord (whoever owns the property). What to do: If you cannot leave within 90 days due to your disability, you may request an extension as a reasonable accommodation. You could argue that you need the extra time because you simply cannot find another place within 90 days due to your disability making it extremely difficult to look for housing, or due to your disability making it necessary for you to find a very specific kind of housing (such as wheelchair accessible housing. Perhaps you were hospitalized and didn’t learn of the foreclosure until only a month before you needed to vacate, and that is why you need additional time. The new owner, however, might respond that such a request is not reasonable, as waiting to sell the property involves a greater expense than the landlord can reasonably be expected to bear. A request for extra time may or may not be granted. If the new owner does not grant you the extra time you require to move, you may file a complaint with a local fair housing agency, with California’s Department of Fair Employment and Housing (DFEH), or with the U.S. Department of Housing and Urban Development (HUD).To file a complaint with the U.S. Department of Housing & Urban Development (HUD), call (800) 669-9777, or click here: www.hud.gov/offices/fheo/online-complaint.cfm To file a complaint with the California Department of Fair Employment & Housing (DFEH), call (800) 884-1684, or click here: http://www.dfeh.ca.gov/Complaints_FileComplaint.htm
Tip #3 Medical Marijuana as a Reasonable Accommodation “I have a prescription for medical marijuana to help me with a physical disability. Recently I heard my landlord telling a neighbor that she hates marijuana smokers, and I am scared I’ll be evicted if I use it. My friend said if I use medical marijuana to help with a disability, the law requires the landlord to allow me to use it. Is this true?” The law says: Your landlord does NOT have to allow you to use medical marijuana under current law. Usually, a landlord is required to allow changes to rules and policies to enable a person with a disability to live in a unit, if those changes are necessary based on the person’s disability, and if the changes are reasonable. These changes to the rules are called “reasonable accommodations.” People have requested that landlords allow the use of medical marijuana as a reasonable accommodation, but so far the law does not support a tenant’s right to use medical marijuana in his housing as a reasonable accommodation. This is because marijuana remains a controlled substance under federal law, and it is not likely to be considered reasonable to force a landlord to accept something that is illegal under federal law even if the state has approved its use. What to do: If your landlord objects to allowing the use of medical marijuana as a reasonable accommodation, you can still file a complaint with your local fair housing enforcement agency, or the state Department of Fair Employment and Housing (DFEH). Most likely, however, your complaint will not lead to any enforcement against the landlord, but DFEH welcomes people to submit such complaints because the law is still developing in this area. If you are living in federally subsidized housing, it may be helpful to know that while the federal nondiscrimination laws do not require public housing authorities to allow medical marijuana as a reasonable accommodation, the Department of Housing and Urban Development (HUD) issued a memo in January 2011 stating that public housing authorities have the discretion to evict or refrain from evicting a person who is using medical marijuana. That means that the use of medical marijuana may lead to the loss of your housing but the decision is up to the individual housing authority. To file a complaint with the California Department of Fair Employment & Housing (DFEH), call (800) 884-1684, or visit: http://www.dfeh.ca.gov/Complaints_FileComplaint.htm.
Tip #4
Discrimination Based on National Origin “I have been in this country for five years now and English is not my first language. Currently I am looking for a new apartment. Every time I call to ask about a ‘For Rent’ ad, the landlord tells me it is already rented. As an experiment, I asked a co-worker who speaks without an accent to call one of the numbers, after I had already been told the apartment was rented. My co-worker was told the unit was available and given an appointment to look at the unit. Am I being discriminated against because of my accent? Is this legal? What can I do?” The law says: It is likely that you are experiencing discrimination based on national origin, and this is not legal. When a landlord tells a prospective renter that a unit is not available after hearing the person’s voice, when the unit actually is available (as appears to be the case here), the landlord is likely discriminating against you based on your accent, or possibly your name. Discrimination on the basis of national origin or ethnicity is illegal. Other forms of discrimination based on national origin or ethnicity include requesting an applicant’s social security number, passport, or birth certificate (if these are not requested for all applicants), or stating that the applicant might be more comfortable in another area of town. What to do: If you think you are experiencing housing discrimination, you may file a discrimination complaint with a local fair housing agency, with California’s Department of Fair Employment and Housing (DFEH), or with the federal Department of Housing and Urban Development (HUD). One of these agencies may be able to negotiate with the landlord to allow you to live in that specific unit or a similar one. Also, a landlord may face a penalty for practicing housing discrimination.To file a complaint with the U.S. Department of Housing & Urban Development (HUD), call (800) 669-9777, or click here: www.hud.gov/offices/fheo/online-complaint.cfm To file a complaint with the California Department of Fair Employment & Housing (DFEH), call (800) 884-1684, or click here: http://www.dfeh.ca.gov/Complaints_FileComplaint.htm
Tip #5
Answering
Questions from Prospective Landlords “What should I do if I’m applying for housing and a landlord asks me if I have ever been treated for a mental illness? Do I have to give him personal information like this?” The law says: You do not have to answer this question. In fact, a landlord who asks you questions about your mental health is violating federal and state fair housing laws. Fair housing laws make it illegal for a landlord to ask questions aimed at learning about someone’s disability. Other topics that are illegal for a landlord to ask about include your race, color, religion, sex, national origin, familial status, marital status, source of income, physical disability, ancestry or sexual orientation. What to do: One response to such an illegal question would be to redirect the inquiry. You might say, “That’s private information. I’d be happy to answer any questions related to my appropriateness as a tenant.” If a landlord persists in attempting to illegally get information from you, you can file a complaint with a local fair housing agency, with California’s Department of Fair Employment and Housing (DFEH), or with the federal Department of Housing and Urban Development (HUD). Exception: There are housing programs that provide housing for people with disabilities, or for people with specific disabilities. If you apply for housing through one of these programs, the landlord is allowed to ask whether you qualify. For example, if you apply for housing for people with disabilities, the landlord may ask if you have a disability, but he may not ask you what particular disability you have. If you apply for Housing Opportunities for Persons With AIDS (HOPWA), the landlord may ask if you have AIDS, but he may not ask your T-cell count.To file a complaint with the U.S. Department of Housing & Urban Development (HUD), call (800) 669-9777, or click here: www.hud.gov/offices/fheo/online-complaint.cfm To file a complaint with the California Department of Fair Employment & Housing (DFEH), call (800) 884-1684, or click here: http://www.dfeh.ca.gov/Complaints_FileComplaint.htm
Tip #6
Breaking a Lease
as a Reasonable Accommodation “I moved in to my apartment six months ago after signing a one-year lease. Over the last several weeks, my mental disability worsened a lot, primarily because of the stress caused by my upstairs neighbors, who play loud music late into the night. When I complain to the manager, he just tells them I complained and then they threaten me. They are very menacing, and I believe they have vandalized my car. I am afraid to call the police, and I don’t think I can continue living here. My psychiatrist tells me I need to get out for my mental health, but I can’t afford to break my lease. What can I do?” The law says: Fair housing laws support the right of a tenant with a disability to break a lease term early and avoid the financial penalty usually incurred for the premature termination of the lease, when it is necessary to do so for reasons directly related to disability. This is a common example of a reasonable accommodation, or change in rules to allow a person with a disability equal access to housing. What to do: In this situation, you will probably need a letter from your psychiatrist explaining that the current situation is harmful to your mental health and that, because of your mental disability, it is necessary for you to be allowed out of your lease early. If your landlord refuses to accept this request for reasonable accommodation, you may want to contact an attorney or file a complaint with a local fair housing enforcement agency, with California’s Department of Fair Employment and Housing (DFEH), or with the federal Department of Housing and Urban Development (HUD).To file a complaint with the U.S. Department of Housing & Urban Development (HUD), call (800) 669-9777, or click here: www.hud.gov/offices/fheo/online-complaint.cfm To file a complaint with the California Department of Fair Employment & Housing (DFEH), call (800) 884-1684, or click here: http://www.dfeh.ca.gov/Complaints_FileComplaint.htm
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