HOUSING ASSOCIATION OF DELAWARE VALLEY

Housing Association Of Delaware Valley

Fair Housing Guide

Everyone has the right to live in the neighborhood of their choosing. If you are discouraged from applying for a home or an apartment because of your race, age, gender, disability, etc., then you have been the victim of a crime, and you should report it. It is against the law to deny you housing for any of those reasons, or for other reasons set forth below. Where to go for help will depend upon the basis for the discrimination against you (for example, it is illegal in Philadelphia to discriminate on the basis of source of income or on the basis of sexual orientation, but these classes are not protected under state law) and the time that has elapsed since the discrimination (for example, Philadelphia has a statutory period of 300 days in which to file the complaint, while the State requires that a complaint be filed within 180 days). If the discrimination occurred in the suburbs of Philadelphia, then the matter would have to be investigated by the State’s Human Relations Commission, and not the City’s.

The fair housing laws apply to the sale of housing as well as the rental of housing. They apply to Real Estate agents and to rental offices at apartment complexes, as well as individual homeowners who are renting or selling their homes. The law protects you from newspaper advertisements that discourage people in the protected classes from applying for available housing. This means that if you see an advertisement that says “No children” or even “perfect for mature couple”, that advertisement is illegal, and you have the right to sue.

The fair housing laws protect you from being intimidated away from the home of your choice by neighbors, too. If the neighbors create a hostile environment that causes you to decline available housing, or to leave from the housing of your choice, and that intimidation was based upon your membership in one of the protected classes (based upon your race or ethnicity, for example), then their action violates these fair housing laws.

Regardless of whether you have a matter investigated by the U. S. Department of Housing and Urban Development (HUD), the Pennsylvania Human Relations Commission or the Philadelphia Commission on Human Relations, you have the right to sue the perpetrator of the discrimination individually in court. This means that you can hire an attorney (or seek legal assistance from the Community Legal Services if you cannot afford to hire an attorney) and file a civil suit against the person who discriminated against you. You may be eligible for punitive damages as well as actual (out-of-pocket) damages. Actual damages reimburses you for the cost of finding alternative housing, together with money for the humiliation, pain and suffering you have experienced as a victim of housing discrimination. Punitive damages are assessed by the Court to punish the perpetrator of the discrimination in order to discourage them, and others, from discriminating again in the future. You can also sue for “injunctive relief,” which is an order from the court prohibiting the discrimination in the future, or forcing the person discriminating against you to stop doing so-- by renting you the apartment, for example, if it is still available.

The fair housing laws protect you whether you are seeking to purchase a home, or whether you are a tenant. Because source of income is a protected class in Philadelphia, you cannot be denied housing in Philadelphia on the basis of your being on public assistance or in Section 8 housing. This does not mean that a landlord is required to accept Section 8 tenants. If a multi-family complex accepts any Section 8 tenants, then they are obligated to accept all Section 8 tenants that apply for available housing. However, if a landlord chooses not to participate in the Section 8 program for re-imbursement of a tenant’s housing expenses, then they cannot be forced to do so.

The following is a brief introduction to the fair housing laws that protect families and individuals in the Philadelphia area, and the steps that can be taken to enforce those rights. Rights come with responsibilities, and the responsibilities of living in a community are nothing more than the rules of being a good neighbor. Therefore, we have included Rules for Living in Neighborhoods. When a dispute arises between neighbors, it can make life unpleasant not only for the individuals concerned, but for the whole community. We have included telephone numbers of agencies to contact to help resolve neighborhood disputes.

1. The Federal Fair Housing Act Title VIII of the Civil Rights Act of 1968, as amended, 1988 (The Fair Housing Act), prohibits discrimination based on

· race,

· nationality,

· sex,

· handicap,

· color,

· religion or

· familial status.

With regards to handicap, this means that an apartment owner or manager cannot discriminate in providing housing because of the handicap of a current buyer or renter, a person residing or intending to reside in a dwelling after it is sold, rented or made available, or because of the handicap of any person associated with the buyer or renter. It also means that the owner or manager of an apartment or rental property must permit reasonable modification of the property (at your expense) if that modification is needed for you as a handicapped person to have full use of the premises. The landlord can require you to pay for restoration of the property after the lease is over, but cannot charge an extra security deposit to ensure that restoration is going to be made. HUD’s rules do not allow landlords to “steer” applicants to segregated units. Landlords cannot put all families with children in one building, or all handicapped applicants in one building or on one floor. Landlords cannot ask whether a prospective tenant is handicapped or whether the tenant will have a handicapped person residing with them. They can ask if the applicant will meet the requirements of tenancy (is the applicant over 18 year old and does the applicant have sufficient income, regardless of source of income, in Philadelphia, for example) and they can ask whether the applicant is qualified for a unit reserved for persons with handicaps, so long as they ask all applicants these questions, regardless of the existence of a handicap. Tenants can “steer” or segregate themselves on the basis of handicap, if they know that a unit is available that meets their particular needs, and they don’t want to have to pay for any modification (and later restoration) of another unit in the same complex. ^*

* Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act provide protection against discrimination in housing based on disability. The enforcement of these laws is pursued by the Department of Justice and HUD.

A landlord cannot discriminate against a tenant because the tenant has children, has custody, is pregnant, or is in the process of adopting a child. Landlords cannot cluster families with children in one building of a complex, or on one floor of a building. The landlord is allowed to impose reasonable occupancy limits, which typically restrict occupancy to two persons per bedroom.

HUD is the federal agency charged with enforcement of the Fair Housing Act. The PA Human Relations Commission processes most fair housing complaints in Philadelphia. Complaints can also be processed directly at HUD by having the matter heard before an Administrative Law Judge (ALJ), or tried in federal court.

PHRC was certified as substantially equivalent to HUD in 1991. With regards to housing, this means that the Commonwealth of Pennsylvania’s penalties for housing discrimination are equivalent to the federal penalties, and that the Pennsylvania Human Relations Commission has the authority to investigate fair housing complaints and prosecute claims that they determine to have merit. Complainants have 180 days from the occurrence of the discriminatory action to file a complaint with PHCR.

humiliation and mental anguish you suffered as a result of being unlawfully denied housing), issue injunctive relief (require that the landlord provide you with a unit or stop them from evicting you), to assess civil penalties of up to $50,000 and to award attorney’s fees to the prevailing plaintiff.

Actual damages might include wages you lost during the time you spend looking for alternative housing, your moving and storage expenses, telephone charges, differences in housing costs, temporary housing costs, medical and psychological fees you spent to deal with the emotional distress. The Fair Housing Amendments Act also allows you to begin a civil lawsuit in federal or state court within two years of the discriminatory act, and recover actual damages. punitive damages (with no cap on the amount), an injunction and attorneys fees if you prevail.

In November 1997, HUD announced a new and tougher set of guidelines called the “Make ‘Em Pay Initiative.” These new guidelines increase fines that can be levied against individuals who engage in discrimination. Previously, a first offender was liable for a maximum of $11,000 for housing discrimination acts connected with hate crimes, regardless of the number of offenses. Under the new initiative, each offense requires a penalty of $11,000. Second offenses carry a penalty of $27,500 and third discrimination offenses call for fines of $55,000 for each act. HUD and the Department of Justice will partner more closely to crack down against hate crimes involving housing discrimination, including special training for HUD investigators to handle cases of housing-related violence and intimidation. HUD also plans to train fair housing groups, state and local investigators, and HUD staff on the pursuit, investigation and prosecution of housing-related hate activities. Lastly, as part of this “get tough on discrimination” policy, HUD plans to implement an interactive web site (linked to the HUD Home page at www.hud.gov) to enable groups and individuals to report housing discrimination directly to HUD.

Philadelphia’s Accessibility Compliance Office monitors ADA compliance by all City Departments.

2. PA Human Relations Act: Pennsylvania Human Relations Act is the equivalent to the federal fair housing laws, but includes additional categories of protected classes, specifically: age, use of guide animals, and the disability of a relative or associate. It prohibits discrimination in housing and public accommodations based on:

· race,

· ancestry,

· sex,

· handicap (physical or mental impairment which substantially limits one or more of the person’s major life activities),

· color,

· religion,

· age (40 and over),

· national origin,

· familial status,

· or use of guide or support animals.

· handicap of a relative or an associate

Enforcement is identical to the Federal laws (180 days to file a complaint).

3. Philadelphia Fair Practices Ordinance (Chapter 9-1100 of Philadelphia Code) Under Philadelphia’s local law, there are more protected classes. The Fair Practices ordinance prohibits discrimination in housing and public accommodations based on the following:

· race,

· color,

· gender,

· sexual orientation,

· religion

· national origin,

· ancestry,

· marital status,

· age,

· presence of children

· source of income or

· Physical Disability (including HIV),

· Retaliation

Enforcement is pursued by the Philadelphia Commission on Human Relations (PCHR), and complaints must be filed within 300 days of the last act of discrimination. Owner occupied residences are exempt under the Fair Practices Ordinance. Exempt are duplexes in which the owner lives in one unit, shared living quarters in which there are no more than 3 roomers living with the owner, and independently of one another.

The settlement process can take as long as 3 years from the filing of a complaint. The Philadelphia Commission is not substantially equivalent to HUD in the fair housing rights protected, procedures followed, remedies available and in judicial review. Therefore, federal fair housing enforcement resources are not made available locally. Cases are referred to the commission where the discrimination is based on a class not covered by federal law (sexual orientation, source of income) or where the victim wants a quick injunctive relief rather than a lengthy process and a large fine against the perpetrator.

4. Procedures for Processing Complaints:

A. When filing a complaint before the Pennsylvania Human Relations Commission, you will be asked 1) what the other person did that harmed you. (For example, denied you an apartment, threatened you with harm unless you move away, “steered” you to a particular location in an apartment complex, etc.); 2) When did it happen? 3) Why do you believe that it was discrimination --Are you a member of one of the protected classes? and 4) Why do you believe that the protected class is the reason for the action that you are complaining of? (Are you aware of any other incidents affecting other members of the same class? Did the person who committed the discrimination tell you it was because of your race, ethnicity, familial status, etc.?)

When you file a complaint, the Commission will investigate your claims, and will issue a finding of whether or not there is “probable cause” that a violation of the law has occurred. This finding of “probable cause” gives you the right to proceed to a public hearing before a panel of three Commissioners, who will issue their findings of fact, their conclusions of law, and their proposed remedy. This decision is reviewed by the Commission as a whole, which may modify it, reject it, or return the decision to the panel for further proceedings. The determination of the Commission is subject to review in the Commonwealth Court. The person who files a complaint is known as “the complainant” in the proceedings, and the person that they accuse of discrimination is known as “the respondent.” If the complainant wins and the respondent appeals to the Commonwealth Court, the Commission will represent the complainant at the appeal. If the respondent wins at the public hearing, and the complainant wishes to appeal, the Commission will not represent them. They can still appeal the decision, but will have to either represent themselves or hire an attorney.

If the Commission finds “no probable cause,” they are not obligated to hold a public hearing on your complaint, but you can still file a private lawsuit in the Court of Common Pleas, and ask a judge or a jury to hear your case. You will need to be represented by an attorney at the Court of Common Pleas.

If the Commission does find probable cause, the Commission’s staff will represent the complainant against the respondent. Up to this point, the proceedings are not “adversarial”, they are only “investigative” or fact-finding. The Commission will always try to resolve the dispute through conference, persuasion and conciliation, but once there is a finding of probable cause, the Commission staff will represent the Commonwealth’s interest in eliminating unlawful discrimination as part of the “conciliation” process.

The procedures at the state commission are as follows:

1. You file a complaint, and the Commission sends a copy of this complaint to the Respondent (the person you accuse of discrimination) within 30 days.

2. The Respondent files a written answer to the complaint within 30 days (they can ask for an extension of an additional 30 days in order to answer your complaint).

3. The commission will rule whether there is probable cause to credit the allegations of the complaint. If there is, they will try to eliminate the discrimination. If there is not, they will let you know within 10 days. You will then have 10 days to request a preliminary hearing to determine probable cause.

4. If there is probable cause, or if conciliation, negotiation, and persuasion fail to resolve the matter, the Commission schedules a public hearing. Either party has 20 days from this point to elect to have the matter heard in Commonwealth Court. If they do elect to have the matter heard in Commonwealth Court, the Commission has 30 days to file a suit on your behalf at Commonwealth Court. If neither party takes the matter to Commonwealth Court, the matter goes to public hearing at the Commission.

5. At the hearing, testimony is taken under oath, and a transcript is maintained. If the Commission finds discrimination, they will issue a finding of fact and order the respondent to stop the discriminatory practices and award damages. The Commission can assess civil penalties against the respondent in the amount of $10,000 for first offenses, $25,000 if it is a second offense within a 5-year period, or up to $50,000 if it is the respondent’s third offense within the past 7 years.

B. Enforcing your rights in federal court: Because fair housing is a right under federal law (Title VIII of the Federal Fair Housing Act of 1968), your fair housing complaint can be filed directly in Federal Court. You don’t have to file with the state Human Relations Commission before seeking a remedy in the federal courts. The Fair Housing Act provides for unlimited punitive damages. Punitive damages are awarded when the person who discriminated against you has shown “a reckless or callous disregard” for your rights. The court will seek to award an amount that will punish the offender and deter future illegal behavior by them. You will need an attorney to represent you in federal court, and if you can’t afford one, you should contact Community Legal Services (in Philadelphia, the number is 981-3700) or your local Bar Association.

The Philadelphia Commission on Human Relations has two offices, one at 34 S. 11th Street, 6th Floor, and a field office located at 6th and Lehigh. If you have a fair housing complaint, or any other complaint of discrimination, you can either call PCHR or walk in for a pre-screening interview from 9am to 4pm on weekdays. Staff will refer you to one of the Commission’s programs for resolution of your claim, a program from another agency if they feel your claim is out of their jurisdiction or if you can be better served by another agency, or assist you in resolving the matter on your own.

A second interview is conducted by the Compliance Staff if the Commission feels that a Complaint should be filed. This complaint has to be filed within 300 days of the day of the act of discrimination. If the client is referred to the Dispute Resolution Program, the client is provided with the skills and abilities to resolve their conflicts on their own. If the City’s Commission feels that the dispute can be resolved through mediation, the Respondent is contacted by mail, and PCHR staff works with both parties to solve the conflict. PCHR staff will provide an experienced Staff Mediator to sit with both parties to write out an agreement.

PCHR investigators may conduct a field investigation of the Complaint if they determine that more information is needed in order to resolve the problem, or they may schedule a Fact-Finding Conference, at which both parties have an opportunity to present evidence in support of their positions. Witnesses are permitted to testify , and the PCHR will try to resolve the conflict through some sort of settlement.

If the parties are unable to resolve the complaint at this level, PCHR will continue the investigation. If evidence is found to support the Complainant’s charges and a settlement cannot be reached, a Finding of Probable Cause is made, and it is reviewed by the City Solicitor’s Office, which becomes responsible for prosecuting the matter on behalf of the complainant. Up until the finding of “probable cause”, where the complaint is determined to have some merit, the Commission acts as a neutral intermediary. They do not assume the role of advocate for the complainant unless there is a finding of “probable cause.” Then the City will represent the complainant before a panel of three PCHR Commissioners at a Public Hearing, or the complainant can hire his or her own attorney. The respondent is responsible for his own legal assistance. After the Public Hearing, the panel will recommend a Final Order to the Commission. The Final Order may dismiss the complaint or may issue remedies to compensate for the discriminatory act. The Order of the Commissioners is legally enforceable, and can be appealed to the Court of Common Pleas by either party.

PCHR staff will work with individuals and with neighborhood groups to identify the root causes of intergroup tensions, and to alleviate those tensions and conflicts. They will work with the Police Conflict Prevention and Resolution Unit to provide intervention and conciliation services during a crisis, and will provide follow-up assistance to keep the peace.

The Philadelphia Commission on Human Relations is part of an Interagency Task Force on Civil Rights, which works to maintain communications among several agencies to address hate crimes with greater effectiveness and in a comprehensive way. Participants in this task force include the PCHR, the Philadelphia District Attorney’s Office, the U.S. Attorney’s Office, the Federal Bureau of Investigation (FBI), the Federal Community Relations Service, the Pennsylvania Attorney General’s Office, the Immigration and Naturalization Service, the Pennsylvania State Police, the Pennsylvania Human Relations Commission, the Philadelphia Police Department, the US Bureau of Alcohol Tobacco and Firearms, and the Anti-Defamation League of B’nai B’rith..

6. Rules for Living in Neighborhoods

Low income doesn’t mean low class. How you behave when you move into a neighborhood tells the people already living there a lot about who you are, and about the benefits (or detriment) your living there will bring them. When a family moves into a new neighborhood, they are expected to behave as good neighbors. If they have children, those children should be instructed to respect the property of the neighbors, and to respect the neighbor’s right to live in peace in their homes. If you have pets, the law requires that they be licensed, and that you keep them on a leash or in your yard.

1. Meet your neighbors. Go next door and introduce yourself. Ask them their names, and the names of their children. Good neighbors know each other and say hello when they see one another. Don’t be shy! Not speaking to your neighbors can be mis-interpreted by them as hostility, anger, mistrust or dislike on your part.

2. Trash: Ask when trash day is, so you can put your garbage out the night before (and not two or three days before trash day) Putting trash out too early can bring roaches, rats and mice to your neighborhood. Exterminators are very expensive, so this would be bad for you and for your neighbors. Ask your neighbors whether this is an area where glass, newsprint and cans are separated out for recycling. If so, find out when recycling days are, so you can put out newspapers, aluminum cans, glass bottles, etc.

3. Respect the peace of the neighborhood. Play your music so that it can be heard in your house, not out on the street. Your children should play in front of your home, and not on the neighbor’s lawns, alleyways and steps.

4. Respect your neighbor’s space. If there is only enough parking for residents to park in front of their own houses, then don’t park in front of a neighbor’s house. Find alternate parking nearby for your second car, and for your visitors’ cars.

5. Contribute to your community. Volunteer to help the local school as a crossing-guard, or as a lunch monitor. Volunteer to help the local church with its events. Volunteer to shop for groceries for homebound seniors, or to watch your neighbor’s children after school if they work and you are home. Speak to the local block captain and find out what community service projects have been planned and where your input would be helpful. Help your neighbors keep empty lots free from trash and overgrown weeds. IT IS YOUR NEIGHBORHOOD. YOU ARE RESPONSIBLE FOR HOW IT LOOKS.

If you have a dispute with a neighbor or a landlord, try to resolve that dispute. Explain clearly to them what you would like them to do (or to stop doing) in order to resolve the situation. If they have a problem with you, find out what they would like you to do, or to stop doing, in order to resolve the situation. Keep a record of your communications (a composition notebook is a good idea) so that if the problem continues, you can show the Human Relations Commission, or a judge, what you have done to try to resolve the dispute. A journal or diary is also useful to document incidences of harassment, discrimination or intimidation that can happen over a period of time. These written accounts of what you experience are very useful in validating your claim. If the dispute is serious enough for you to feel threatened, don’t hesitate to call the police. Having a record of police assistance also helps you document your case before the Human Relations Commission if necessary.