Fair Housing: When A Complaint is Filed

April is Fair Housing Month. Are you new to the apartment industry and fair housing laws or need a refresher? Know the reasons and steps involved in renter complaints to the TWC Civil Rights Division.

Information from THE TEXAS WORKFORCE COMMISSION

If an apartment resident believes they have been discriminated against while trying to rent a home or apartment in Texas, they may submit a discrimination complaint through the TWC Civil Rights Division. The complaint can be submitted within one year from the date of alleged harm.

The Civil Rights Division conducts neutral investigations and gathers information to determine if discrimination has occurred under the Texas Fair Housing Act and rules.

These are a few of the most common housing discrimination allegations:

• The landlord would not rent to me because I have a child.

• The bank would not give me a home loan because I was pregnant.

• The property manager refused to assign me a parking space close to my apartment even though I am mobility-impaired.

To submit a housing discrimination complaint, all of these requirements must be met:

• The property must be within the state of Texas.

• The property owner, in most cases, must have more than three properties.

• The date of discrimination must have occurred within the last 365 calendar days before the date the resident submits the complaint.

• The complaint must specify one or more of the following types of housing discrimination: race, color, national origin, religion, sex, disability or familial status.

•The complaint must identify the housing harm. The party making the complaint, is required to actively participate in the complaint process.

There are some exceptions:

• If the property the fair housing complaint is about is located in the Texas cities of Austin, Corpus Christi, Dallas, Fort Worth or Garland, TWC Civil Rights will not be able to take the complaint and the resident contacts the local Fair Housing office in those cities.

• If the resident has filed a complaint with the U.S. Department of Housing and Urban Development (HUD), we will not be able to take the same complaint.

The Texas Fair Housing Act and the U.S. Fair Housing Act protects renters from discriminatory housing practices in the sale, rental and financing of dwellings based on race, color, national origin, religion, sex, physical or mental disability, or familial status (presence of a child under age 18 living with parents or legal custodians, person securing custody of children under 18, or a pregnant woman).

The Texas Fair Housing Act covers most housing. In some circumstances, the law exempts owneroccupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members. Also, housing developments that qualify as housing for persons age 55 or older may be exempt from the provisions barring discrimination on the basis of familial status.

Definition

Everyone who lives in the United States is protected from discrimination in housing; sale, rental, and financing of dwellings; lending; home appraisal; insurance and accessibility. Fair housing means you may freely choose a place to live without regard to your race, color, national origin, religion, sex, disability or familial status.

Fair Housing Requirements

It is illegal for anyone to:

• Advertise or make any statement that indicates a limitation or preference based on race, religion, color, sex, national origin, disability or familial status. This prohibition against discriminatory advertising applies to all housing, including single-family and owner-occupied housing that is otherwise exempt from the Texas Fair Housing Act

• Harass, coerce, intimidate, threaten or interfere with anyone exercising a fair housing right or assisting others who exercise their fair housing rights

Under the U.S. Fair Housing Act and Texas Fair Housing Act, no one may take any of the following actions in the sale and rental of housing or in mortgage lending based on race, color, religion, sex, national origin, disability or familial status:

• Refuse to rent or sell housing

• Refuse to negotiate for housing

• Advertise housing to preferred groups of people only

• Show apartments or homes in certain neighborhoods only

• Say that housing is unavailable for inspection, sale or rental when in fact it is available

• Set different terms, conditions or privileges for sale or rental of a dwelling

• Provide different housing services or facilities

• Deny access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing

• Refuse to make certain modifications or accommodations for persons with a mental or physical disability

Housing Opportunities for Families

Unless a building or community qualifies as housing for older persons, the owner or manager may not discriminate based on familial status.

Protection against discrimination based on familial status applies to:

• Families in which one or more children under age 18 live with o A parent o A person who has legal custody of the child or children o Designees of the parent or legal custodian, with parent or custodian’s written permission

• Anyone securing legal custody of a child under age 18

• Pregnant women

Housing for older persons is exempt from the prohibition against familial status discrimination if any of the following are true:

• It is specifically designed for and occupied by elderly persons under a Federal, State or local government program

• It is occupied solely by persons who are age 62 or older

• It houses at least one person who is age 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates intent to house persons who are age 55 or older

If The Renter Has A Disability

If the renter has a physical or mental disability that substantially limits one or more major life activities, have a record of such a disability or are regarded as having such a disability, the renter is legally protected against housing discrimination based on that disability. Protection against housing discrimination due to a disability also applies for a person associated with the apartment resident.

A landlord may not:

• Make an inquiry to determine if an applicant for a dwelling, or a person intending to reside in the dwelling, or any person associated with that person has a disability.

• Refuse to let the renter make reasonable modifications to their dwelling or common use areas, at the renter’s expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if the renter agrees to restore the property to its original condition when they move.)

• Refuse to make reasonable accommodations in rules, policies, practices or services if necessary so that the disabled person may have equal opportunity to use and enjoy the housing, including public and common-use areas. For example: o In a building with a "no pets" policy, a visually-impaired tenant must be allowed to keep a guide dog. o At an apartment complex that offers tenants ample, unassigned parking, management must honor a request from a mobility-impaired tenant for a reserved space near their apartment if necessary to assure that they can have access to the unit.

Accessibility Requirements for Buildings

All properties built after March 13, 1991 must comply with design and construction requirements of the Federal and Texas Fair Housing Acts.

In buildings ready for first occupancy after March 13, 1991 with four or more units and an elevator:

• Public and common areas must be accessible to persons with disabilities

• Doors and hallways must be wide enough for wheelchairs

• All units must have: o An accessible route into and through the unit o Accessible light switches, electrical outlets, thermostats and other environmental controls o Reinforced bathroom walls to allow later installation of grab bars o Kitchen and bathrooms that can be used by people in wheelchair

In buildings ready for first occupancy after March 13, 1991 with four or more units and no elevator, these standards apply to ground floor units.

Complaint Process

Our first step is to determine whether we have jurisdiction to investigate. If we do have jurisdiction, then we work with the person who contacted us to complete the complaint. Once we receive all the required information, we will draft the complaint and send it to the renter for review and a signature.

Initial Response

After the signed complaint is returned to us, we will notify the person or persons who allegedly discriminated against the renter, explain the investigation and conciliation processes, permit that person to submit a response, and invite all parties to a formal settlement meeting (mediation).

Mediation (Optional)

If both parties agree to mediation, one of our professional mediators will arrange a mediation meeting. If all parties can agree to a settlement with the assistance of the mediator, the matter will be resolved, all parties will sign an agreement, and the complaint will be resolved.

Investigation

If a complaint cannot be resolved through mediation, an investigation of the complaint is conducted. If our investigation finds no reasonable cause of discrimination, we will notify the renter in writing and inform the renter of their right to file a civil suit, at your expense, in Federal or State District Court within two years of the alleged violation. If our Division believes there is reasonable cause of discrimination, the Director will issue a Charge of Discrimination and request the Texas Attorney General’s office to file a lawsuit against the parties who discriminated against you.

Conciliation

Throughout the process, the investigator will try to reach an agreement with all parties through conciliation. A conciliation agreement takes into account the interests of all parties, as well as the public interest. If an agreement is signed by all parties, we will take no further action on your complaint and the investigation is concluded. If the agreement is breached, we may recommend that the Texas Attorney General file suit.

Reconsideration Review

Under the following circumstances, a complainant who receives a no reasonable cause letter of determination may request a reconsideration review:

a. A written request for reconsideration shall be received from a complainant within thirty (30) days of the complainant’s receipt of a letter of determination of no reasonable cause. A timely verbal request may substitute for a written request upon the civil rights division director’s determination that a compelling reason exists for

not requiring a written request, e.g., as a reasonable accommodation of a disability.

b. A reconsideration request shall 1) specify an incorrect analysis of an element of a claim or defense and fully explain the rationale; or 2) offer additional, material evidence, but only upon a showing of good cause for complainant’s failure to produce such evidence previously.

c. If steps a. and b. above are not met, a management member of the civil rights division shall promptly inform the complainant in writing the reasons for rejecting the reconsideration request.

d. If steps a. and b. above are met, a management member of the civil rights division promptly shall acknowledge in writing that a reconsideration request has been received and that a response shall be provided within thirty (30) days.

e. In conducting a reconsideration review, the civil rights division fair housing manager, or assistant director, or director shall review the letter of determination, the final investigative report, any additional, material evidence, and other portions of the investigative file if needed. The reviewer may also request clarifying evidence from any party, or delegate such tasks to an investigator or supervisor. The complaint may be re-opened during the reconsideration review process if substantial, further investigative activities are conducted.

f. Upon completion of the reconsideration review process, the member of management who conducted the review shall inform the complainant whether the determination of no reasonable cause may change. If the determination may change, the division shall re-open the complaint, inform both parties, and resume the investigation (and conciliation, if appropriate). If the division informs the complainant that its determination of no reasonable cause is affirmed, the division shall not take any further action, but if the complainant seeks additional action, his/her remedy shall be filing a civil action in state or federal district court.

Want to know more about Fair Housing and the Texas Workforce Commission, visit www.twc.texas.gov.

HAA, in partnership with TWC, offers regular training sessions with William Keith Cooper, Investigator V, Housing Investigations, Texas Workforce Commission Civil Rights Division.

Watch the HAA calendar at www.haaonline.org/events and ABODE for upcoming sessions.