Fair housing center

1. Legal services of eastern Michigan Fair housing center @legalservicesofeasternmichigan @Legalservicesem http://www.lsem-fhc.org/

2. Lack of Economic Support Concentrated Poverty Lower Housing Values Lack of New Development Segregation Blight High Crime Rates White Flight How housing discrimination impacts a community

3. Individuals and families How housing discrimination impacts a community Live in Low Quality Homes Health Risks (Lead, Mold, Rats, Etc.) Criminal Activity, Drugs, Gangs High Rate of Teenage Pregnancy Low Funded and Segregated Schools Access to Banking, Shopping, Health Care, Transportation Employment and Income Disadvantages Inability to Build Assets

4. FederalLY protected classes in housing Race, Color, Sex, Religion, National Origin, Disability, and Familial Status.

5. State protected classes in housing In addition to the Federal protections, Michigan state law also makes it unlawful to discriminate based on: Age or Marital Status.

6. Fair housing law – TITLE VIII What is discrimination? • Refusing to rent or sell or negotiate for housing, or making housing unavailable or denying housing. • Offering different terms or conditions for housing based on a protected class characteristic. • Refusing to make reasonable accommodations or modifications. • Retaliating, threatening, coercing, or intimidating or interfering with anyone in his or her enjoyment, buying, or renting in housing or person assisting that person. • Any other difference in treatment in housing based on a protected characteristic.

7. Fair housing law – TITLE VIII Who must comply? • Any private owner who rents four or more non-owner occupied housing units. • Any government assisted housing, including local government. • Apartments, mobile homes for sale or rent, mortgage companies (banks), real estate brokers, condominium associations, and more.

8. Fair housing law – TITLE VIII Exemptions • Owner-occupied buildings with no more than four units. Rental or housing accommodations exempt from this rule. • Single-family homes sold or rented. • Homes operated by private organizations and clubs that limit occupancy to members (religious, charitable, or educational organizations that give preference) • No exemptions to advertising or using a real estate agent.

9. Fair housing law What is a disability? • Physical or mental impairment. • Having a record of such impairment. • Being perceived as having such impairment.

10. Accommodations TWO TYPES OF REQUESTS: & Modifications

11. Fair housing law Modifications • Physical alterations to the housing structure: interior unit, common areas such as the lobby, main entrances, community room, etc. • Examples: grab bars, wheelchair ramps, wider doorways, lowering the peephole, strobe lights to alert deaf individuals, video relay systems for sign language communication, door knob levers for people with mobility impairments. Modifications • If home is privately owned, tenant must pay for modifications. If public or college housing, management is responsible for purchase and installation. • The modification must be reasonable and made with prior approval.

12. Fair housing law Accommodations • A reasonable change in rules, policies, practices, or services so as to afford persons with a disability equal opportunity to use and enjoy a dwelling. • Accommodations are reasonable when they are ‘practical and feasible, and if denied, the provider must show that it causes an undue burden or is unreasonable. Accommodations • Examples: payment dates, accessible parking spaces, assistance animals, location of garbage cans, a change in the way a provider communicates including changes to font size or typed documents, providing reminders of rent due for some one with a mental disability.

13. Fair housing law • Must be related to the disability. • Must be reasonable and not create an undue burden/hardship. • Considered on a case-by-case basis. Requests

14. Sexual harassment in housing is against the law Sexual harassment • Sexual harassment in housing includes demands for sex or sexual acts in order to buy, rent, or continue renting a home. • It also includes other unwelcome sexual conduct that makes it hard to keep living in or feel comfortable in your home.

15. Sexual harassment in housing is against the law Examples of sexual harassment • Comments on your body or looks. • Threatening to evict you unless you had sex. • Touched you without your consent. • Asked for sexual favors in exchange for renting to you. • Asked for sexual photos of you before making repairs. • Talked about sex, showed you porn, exposed self.

16. Fair housing law Medical marijuana • A 2011 HUD Memorandum made it clear that HUD interprets federal nondiscrimination laws to not require federally assisted housing providers to make reasonable accommodations for medical marijuana use. • Because all forms of marijuana are illegal under the Controlled Substance Act, medical marijuana patients have no protection under Section 504 or the ADA to receive accommodations.

17. Fair housing laws Criminal records • On April 6, 2016, HUD issued guidance on the application of Fair Housing Act standards to the use of criminal records by housing providers and real estate related transactions. • Housing providers can appropriately consider criminal history related information when making housing decisions, BUT arbitrary and over-broad criminal history related bans are likely to lack legally sufficient justification. • Where there is a disparate, discriminatory effect on a protected class resulting from a policy or practice that denies housing to any one with a prior arrest or any kind of criminal conviction, the policy would violate the Fair Housing Act. • The policy must be tailored to serve a substantial, legitimate, and nondiscriminatory interest. The policy must also consider such factors as type of crime and length of time since conviction.

18. Fair housing laws Recent updates • On May 21, 2018 The Michigan Civil Rights Commission voted to issue an interpretive statement clarifying that under the Elliott-Larsen Civil Rights Act, discrimination on the basis of sex includes protection on the basis of gender identity and sexual orientation. • The Michigan Department of Civil of Rights has stated that the department will now begin processing complaints of sex discrimination based on sexual orientation and gender identity.

19. Non-discrimination laws & Lgbt Movement advancement project infographic (MAP)

20. Insufficient Income Drug and Substance Abuse Lack of Life Skills Lack of Motivation Housing Discrimination Criminal Record Low Credit Prior Evictions What are some barriers to entry for housing

21. Landlord-tenant law Tenant rights • Live in a home that is in good, habitable condition. • This means both the home and the premises, such as the yard, should be safe and in good repair. • A landlord must also keep any common areas in good enough shape for their normal use. • If something needs to be fixed in the home, the landlord should be informed, preferably in writing as soon as possible. • The letter should address that the issue needs to be fixed in a certain amount of time. • A landlord must make needed repairs in a reasonable time after being made aware of them. 

22. Landlord-tenant law What if repairs are not made? • The prospective tenant should contact an attorney. • Should a landlord not respond to a request for repairs, the tenant may put their rent in an escrow account or pay for the repairs themselves and deduct the cost from their rent. • If a tenant decides to escrow their rent, it should be in a separate bank account with only the rent monies and a letter should be addressed to the landlord detailing the intention to escrow and the bank account information. • If the tenant decides to pay to fix the problem, a letter should be sent to the landlord detailing that intention with bids from contractors as to the cost of the repairs. All receipts should be kept to show exactly how much it cost to ultimately repair. • Putting rent into an escrow account or deducting rent for the cost of the repairs might lead a landlord to start an eviction case against the tenant for non-payment of rent. It is always important to keep records and document all interactions and intentions.

23. Landlord-tenant law Other Rights Landlords must not: • Interfere with a tenants right to quiet enjoyment of their home. This means a landlord cannot do anything that prevents a tenant from having access to their home. • Use force or threaten to use force to make a tenant leave or keep them out of the home. • Enter the home without notice, or the tenants permission, unless itisan emergency. • Remove, withhold, or destroy tenant property. • Change, alter, or add locks or security devices to the home without the tenants permission.

24. Landlord-tenant law Tenant responsibilities • The lease between the parties should state the tenant is to keep the home clean and in decent condition, respect their neighbors, and pay rent and utility bills on time. • The tenant is responsible to pay for repairs for any damages beyond normal wear and tear. • Any receipts for rent and bills paid by the tenant should be kept, especially if the tenant is paying in cash in the event of future disputes. • The lease may have restrictions on painting the home or making similar changes, and the tenant should seek permission from the landlord prior to making any changes. • Tenants should review and obey all rules in the lease. If the lease prohibits smoking or pets, tenants should not smoke or keep pets on the property. A lease can restrict tenants behavior in many ways. If a tenant breaks the terms of the lease, the landlord may have the right to evict them.

25. Landlord-tenant law Rights in Public Housing • There are increased protections for tenants in public housing. • The costs for modifications are on a landlord under the Fair Housing Act. • A landlord has to show good cause to terminate a tenancy. • The tenant is entitled to an in-person conference. • Gives tenant opportunity to see the case before in court. • Tenant can also have an attorney present at the informal hearing. • Rent is income-based.

26. Landlord-tenant law Security deposit • Reasons for a landlord to keep the security deposit: • No forwarding address provided by the tenant to send the security deposit. • Unpaid rent. • Unpaid utility bills. • Leaving home damaged beyond normal wear and tear. • Any other costs related to the tenancy that are the responsibility of the tenant but encumbered by the landlord.

27. Landlord-tenant law Getting security deposit back • Tenants must provide a landlord with a written forwarding address no later than 4 days after moving. • A landlord has 30 days to return the security deposit or send list of damages and the remaining balance. • If a landlord fails to respond and 45 days pass, the tenant can bring forth litigation for 2x the amount of the security deposit. • Tenants have seven days to respond to a list of damages, if one is sent. • Within 45 days, if there is an amount dispute the landlord has to commence litigation to keep deposit- the landlord can seek more than the deposit.

28. Landlord-tenant law evictions • The only legal eviction is a court ordered eviction. • Reasons for an eviction: • Non-payment of rent, • Creating a health hazard, • Criminal related activity, • Lease violations, • Termination of a tenancy (usually requires a 30-day notice).

29. Landlord-tenant law Evictions-The process • Notice to quit/demand for possession: • Will state an amount of days to move or face possible eviction. • If a tenant does not move and the landlord files litigation, the tenant will receive a summons and complaint. • The Summons: • The summons indicates the date, time, and location of the court hearing. Nobody should ever ignore a summons. • The Complaint: • The complaint states why a landlord wants to evict and whether they want the tenant to move, pay money, or both.

30. Landlord-tenant law Eviction-The process (Cont.) • The Initial Hearing: • On the initial court date, either the tenant or their attorney must appear. • Tenants who do not know how to defend a case and have no lawyer may request an adjournment (time extension) at the first court appearance. • If a tenant does not appear at the first court hearing or have an attorney appear, the tenant will lose regardless of their defense.  • The landlord will receive a default judgment against the tenant.

32. Contact Info: Fair housing center of eastern michigan 800-322-4512 ext. 131 NLUCIC@LSEM-MI.ORG 800-322-4512 ext. 131 PBAIRD@LSEM-MI.ORG No cost. investigations. Assistance filing a complaint. Fair housing testing. Community lawyering and education. Legal services of eastern Michigan: Using legal skills and advocacy to address the causes and effects of poverty.