060724 Real Estate Directory

FAIR HOUSING QUESTIONS AND ANSWERS

Debra Kamin THE NEW YORK TIMES

A federal fair-housing law prohibits discrimination in housing based on race, ethnicity, religion and other factors, like gender identity and disability. That applies to any number of scenarios, in which such discrimination has occurred: a homeowner refusing to negotiate a sale; a landlord failing to make repairs; a mortgage lender denying a loan.

President Lyndon B. Johnson signed the Fair Housing Act on April 11, 1968, days after the Rev. Martin Luther King Jr. was assassinated. The law, initially focused on racial discrimination, was the linchpin of the broader Civil Rights Act of 1968 and was later expanded to include other factors.

Yet complaints of discrimination remain about everything from prejudiced home appraisals to racial steering. In 2022, there were more than 33,000 fair housing complaints received by organizations across the country.

A three-year investigative project from Newsday, published in 2019, found that Black homebuyers experience discrimination with nearly half of the real estate agents and brokers they employ; a multiyear investigation a decade earlier conducted by the National Fair Housing Alliance found that 87 percent of real estate agents participated in racial steering, opting to only show their clients homes in neighborhoods where most of the neighbors were of their same race.

“The way real estate agents engage in housing discrimination has gotten a lot more subtle but it

Mortgage rates dip as economic outlook remains unclear

Jeff Ostrowski

BANKRATE.COM

Mortgage rates fell this week, with the average 30-year fixed loan retreating to 7.08 percent, according to Bankrate’s latest survey of large lenders. Rates have bounced around this year, as the outlook for the Federal Reserve’s long-awaited rate cuts grows cloudier.

The 15-year rate dropped to 6.38 percent and the 30-year jumbo to 7.13 percent.

The 30-year fixed mortgages in this week’s survey had an average total of 0.29 discount and origination points. Discount points are a way for you to reduce your mortgage rate, while origination points are fees a lender charges to create, review and process your loan. Monthly mortgage payment at today’s rates: $2,187

The national median family income for 2024 is $97,800, according to the U.S. Department of Housing and Urban Development, and the median price of an existing home sold in April 2024 was $407,600, according to the National Association of Realtors (NAR). Based on a 20 percent down payment and a 7.08 percent mortgage rate, the monthly payment of $2,187 amounts to 27 percent of the typical family’s monthly income.

Mortgage rates are tied to inflation. In a bit of good news, inflation is cooling slightly. The U.S. Labor Department said in mid-May that the inflation rate had dipped to 3.4 percent. That heartened investors, but it’s unclear whether the Federal Reserve will cut rates any time soon. The central bank left rates unchanged in May — and the latest numbers show inflation is still well above the Fed’s target of 2 percent. Loan applications fell 5.2 percent this week, according to the Mortgage Bankers Association, while home prices remain elevated. While real estate agents are reporting upticks in inventory, many markets still don’t have enough affordably priced listings to meet demand.

Liberty Walk at Fort Monmouth in Oceanport, N.J., on Oct. 6, 2023. Discrimination in housing is illegal, and if you feel you’ve been a victim of racism during your housing search, there are resources that can help.

is definitely still existent,” said Lisa Rice, president of the National Fair Housing Alliance. “A lot of real estate agents are very misguided and they’re not pro fair housing in their heart.”

Who is protected under the Fair Housing Act?

The fair-housing law placed a sweeping prohibition on all acts of discrimination related to the home buying and renting process, making prejudicial treatment based on race, religion or national origin a crime. Violators can be fined tens of thousands of dollars, or more. Gender was

added as another protected category in 1974.

Landlords and home sellers who refuse to offer housing to people based on race can be charged civil damages, and real estate agents who assist them can be liable as well.

Are there other laws on the books about fair housing?

Yes, and they’re more than 150 years old. The Federal Civil Rights Act of 1866, the first civil rights law in the United States, has prohibited discrimination in housing because of race or color for more than a century. The spread of rac-

ist terrorist groups like the Ku Klux Klan, coupled with the lack of federal penalties for those who violated the act, left it without teeth for more than a century, but today, that early law remains on the books as a foundation.

“The law is very clear,” Rice said. “You cannot consider a person’s race in any way shape or form in housing.”

If I believe I’ve been discriminated against, what should I do?

There are two entities you can contact: the U.S. Department of Housing and Urban Development (HUD), and your state or local fair housing organization.

HUD allows anyone who believes they have been a victim of housing discrimination to make a report online, by phone or by snail mail, and its office of Fair Housing and Equal Opportunity will investigate if they suspect your civil rights could have been violated.

All states are required to comply with the federal Fair Housing Act, and most states have their own fair housing laws as well.

HUD maintains an online database of state and local Fair Housing Assistance Program offices, and encourages anyone who believes they have been discriminated against in the housing process to also contact the agency in the state where the incident occurred.

Many states and cities also work with local nonprofits and civil rights groups that take fair housing complaints and can help those in need connect with legal counsel. Fair housing organizations often work in tandem with

agencies that handle employment discrimination, so don’t be surprised if you are directed to an employment discrimination office while seeking assistance.

What obligations do real estate agents have under fair housing law?

Real estate agents are bound not to discriminate with their clients, and they are also required to ensure they aren’t assisting any clients who wish to discriminate, either. So if an agent represents a seller, and that seller refuses to offer their home to a Black person, both the seller and the agent can be held accountable for civil rights violations.

“If you’re a real estate professional and you think there is a potential violation of the law, you need to notify your broker or your boss, and you need to notify the seller involved. You have to let the seller know: This is what the law says and you cannot engage in discrimination,” Rice said. The agent is further required to inform the seller that they will not represent them if they show discriminatory intent. That can mean firing a client or backing out of a sale.

Agents who work with clients who discriminate can have their real estate licenses revoked by the state real estate commission, and Rice added that homebuyers who believe their agents have acted in a discriminatory way are also encouraged to make a report to the state real estate board in addition to HUD and their local fair housing office.

•••

This article originally appeared in The New York Times.

TONY CENICOLA / THE NEW YORK TIMES

PursuanttoHawaiiRevisedStatutes(“HRS”)Chapter91andtheRulesofPractice andProcedureoftheCountyofKauaiRulesofPracticeandProcedureofthe PlanningCommissionSection1-4-4,noticeisherebygiventhattheCountyofKauai PlanningCommission(“Commission”)willholdapublichearingtoheartestimony and comments from all interested persons regarding the following:

Proposed Amendments to Chapter 4 of the Rules of Practice and Procedure of the County of Kauai Planning Commission

TheCommissionisamendingChapter4,PetitiontoIntervene,whichdetailsthe applicabilityofinterventionforPlanningCommissionactions,therequirementsand contentstofileapetitiontointervene,multiplepetitionersandintervenors, argumentsforandagainstpetitionstointervene,andactiononpetitionsfor intervention. A summary of the proposed amendments are as follows:

a. Applicability

Theproposedamendmentclarifiesthepersonsorentitieswhomaybe admitted to intervene as a party to the contested case.

b. Petition Filing

Theproposedamendmentclarifiesthedeadlinetofilepetitionsfor interventions,clarifiesthestandardforuntimelypetitionsforinterventions, and increases the filing fee to offset administrative costs.

c. Contents of Petition to Intervene

Theproposedamendmentmakesgrammaticalchangestothesectionthat specifies the contents of a petition to intervene.

d. Multiple Petitioners and Intervenors

Theproposedamendmentmakesgrammaticalchangesandadjuststhe numberingtothesectionthatspecifiedtheauthorityoftheCommissionto consolidate multiple intervention requests and intervenors that are admitted.

e. Arguments For or Against Intervention

Theproposedamendmentmakesgrammaticalchangestothesectionthat detailstheopportunityofpetitionerstoargueforinterventionandthe parties opposing petitions for intervention.

f. Action on Petition for Intervention

Theproposedamendmentclarifieswhenallpetitionstointerveneorin oppositionshallbereviewedanddecidedbytheCommission,thatawritten decisionshallbeissuedforanydecisions,andthatdenialsmaybe appealed to circuit court under HRS Chapter 91.

ApublichearingwillbeheldonTuesday,July9,2024,at9:00a.m.orthereafterin theLihu‘eCivicCenter,MoikehaBuilding,MeetingRoom2A-2B,4444RiceStreet, Lihu‘e,Kaua‘i,Hawai‘i.Allinterestedpersonsshallbeaffordedtheopportunityto submitdata,views,orarguments,orallyorinwriting,ontheproposedrule amendmentsatthetimeofthepublichearing.Personswishingtosubmitwritten testimonyarerequestedtosubmittheirwrittentestimonytothePlanning Department,4444RiceStreet,SuiteA473,Lihu‘eKaua‘i,96766orviaemailto planningdepartment@kauai.gov.Personspresentingoraltestimonyarerequestedto alsosubmittheirtestimonyinwritingtothePlanningDepartmentattheaddresses notedabove.Allsubmissionsfortherecordmustbereceivedatorpriortothe scheduled public hearing.

Acopyoftheproposedruleamendmentswillbemailedtoanyinterestedperson whorequestsacopyandpaystherequiredfeesforcopyingandpostage.Please submityourrequesttothePlanningDepartmentattheaddresseslistedabove. CopiesoftheproposedruleamendmentsmaybepickedupfromthePlanning Departmentattheaboveaddressbetweenthehoursof7:45a.m.and4:30p.m., MondaythroughFriday,excludingholidays.Inaddition,thefulltextoftheproposed ruleamendmentisavailableonthewebsiteofthePlanningCommission: https://www.kauai.gov/Government/Boards-and-Commissions/PlanningCommission.Individualswhorequirespecialneedsaccommodationsmayrequest assistancebywritingorcontactingMs.ShanleeJimenezat(808)241-4050at least seven (7) working days prior to the scheduled public hearing. (TGI1456925 6/7/24)

COUNTYOFKAUAIPLANNINGCOMMISSION–4444RiceStreet,SuiteA473,Lihue, Kauai, Hawaii, 96766, tel: (808) 241-4050, email: planningdepartment@kauai.gov

NOTICEISHEREBYGIVENofan agencyhearingwithapublichearingand anopportunityforpublictestimony fromallinterestedpersonstobeheldby theKaua‘iPlanningCommissionpursuanttotheprovisionsofSpecialManagement AreaRules,KauaiCountyCode,Chapter8,asamended,HawaiiRevisedStatutes (HRS)Chapter92and91,andtheRulesofPracticeandProcedureoftheCounty of Kauai Planning Commission. The hearing will be held regarding the following:

SPECIALMANAGEMENTAREAUSEPERMIT(SMA(U)-2024-10) allow constructionofanewsingle-familyresidencewithinLot79-AoftheWainihaHui PartitioninWainiha,involvingaparcelsituatedonthemakaisideofKuhio Highway,approximately200feetwestoftheKuhioHighway/AlamihiRoad intersection,furtheridentifiedas5-7070KuhioHighway,TaxMapKey:(4)5-8011:049 containing a total area of 22,736 square feet.

CLASSIVZONINGPERMIT(Z-IV-2024-6)andVARIANCEPERMIT (V-2024-2) involvinga4-lotsubdivisiontoallowadeviationfromthemaximum polelengthrequirementofaflaglot,pursuanttoSection8-4.4(a)(3)oftheKauai CountyCode(1987),asamended,foraparcelsituatedalongthesouthernsideof KawaihauRoadinKapa’a,approximately500feetwestoftheKawaihau Road/MakalehaPlaceintersection,andfurtheridentifiedas6501KawaihauRoad, Tax Map Key: (4) 4-6- 007:058, and containing a total area of 4.669 acres.

CLASSIVZONINGPERMIT(Z-IV-2024-7)andVARIANCEPERMIT (V-2024-3) involvinga10-lotsubdivisiontoallowadeviationfromthe requirementinvolvingtheconstructionofcurbs,gutter,andsidewalksfora subdivisionwithintheResidentialzoningdistrict,pursuanttoSection9-2.3(e)(3)of theKauaiCountyCode(1987),asamended,foraparcelsituatedalongthe southernsideofKahilipuluWaywithintheKauaiLagoonsprojectareainLihu’e, furtheridentifiedasTaxMapKeys:(4)3-5-004:100through109,andcontaininga total area of 6.2 acres.

CLASSIVZONINGPERMIT(Z-IV-2024-8)andVARIANCEPERMIT (V-2024-4) involvinga13-lotsubdivisiontoallowadeviationfromthe requirementinvolvingtheconstructionofcurbs,gutter,andsidewalksfora subdivisionwithintheResidentialzoningdistrict,pursuanttoSection9-2.3(e)(3)of theKauaiCountyCode(1987),asamended,foraparcelsituatedalongthe northernsideofKahilipuluWaywithintheKauaiLagoonsprojectareainLihu’e, furtheridentifiedasTaxMapKeys:(4)3-5-001:027(Par.)&168(Par.),and containing a total area of 4.6 acres.

Meeting Location : Lihu‘e Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihu‘e, Kaua‘i, Hawai‘i

*InterestedpartiesshouldlooktothePlanningCommission Agenda for July 9, 2024, for final determination of location.

Date : July 9, 2024

Time: 9:00 a.m. or shortly thereafter

Oraltestimony willbetakenonspecificagendaitems,in-personatthepublic meeting location indicated on the meeting agenda. Writtentestimony indicatingyour1)nameorpseudonym,andifapplicable, yourposition/titleandorganizationyouarerepresenting,and2)theagendaitem thatyouareprovidingcommenton,maybesubmittedonanyagendaitemin writingtoplanningdepartment@kauai.govormailedtotheCountyofKaua‘i PlanningDepartment,4444RiceStreet,Suite473,Lihue,Hawai‘i96766.Written testimonyreceivedbythePlanningDepartmentatleast24hourspriortothe meetingwillbepostedastestimonytothePlanningCommission’swebsitepriorto themeeting(https://www.kauai.gov/Government/Boards-andCommissions/Planning-Commission).Anytestimonyreceivedafterthistimewillbe retainedaspartoftherecord,butwecannotassuretheCommissionwillreceiveit with sufficient time for review prior to the meeting.

IFYOUNEEDANAUXILIARYAID/SERVICE,OTHERACCOMMODATION DUETOADISABILITY,ORANINTERPRETERFORNON-ENGLISHSPEAKING PERSONS,PLEASECONTACTTHEOFFICEOFBOARDS&COMMISSIONSAT (808)241-4917ORADAVIS@KAUAI.GOVASSOONASPOSSIBLE. REQUESTSMADEASEARLYASPOSSIBLEWILLALLOWADEQUATETIMETO FULFILLYOURREQUEST.UPONREQUEST,THISNOTICEISAVAILABLEIN ALTERNATEFORMATSSUCHASLARGEPRINT,BRAILLE,ORELECTRONIC COPY. (TGI1456924 6/7/24)