As a landlord or housing owner, you already know that housing discrimination is a compliance risk – but did you also know that hate incidents are on the rise, and they are causing new discrimination concerns in the housing context?
Hate Complaints on the Rise
In 2016, there were over 28,000 reports of housing discrimination in America, reports the National Fair Housing Alliance, yet the group’s figure – 77 per day – likely represents just a fraction of the total number of rental market housing discrimination instances annually, which the group estimates could have topped 4 million last year.
By class, the majority of fair housing complaints come from those with disabilities, who made up 55 percent of cases in 2016, followed by race (19 percent), family status (9 percent), national origin (8 percent), sex (6 percent), religion (1 percent) and color (1 percent).
The complaints, the group notes, are a window into modern America – one that “is heavily segregated by race and ethnicity.” In its annual report, the group explains, “Decades of government policymaking and rampant housing discrimination shaped the segregated neighborhoods that we see today.” Actually, when it comes to discrimination, things are so bad the group added a “Report Hate” button to its website.
There seems to be good reason for the button, some note. Incidents involving discrimination and hate against Muslims in California, including complaints related to housing, were up 10 percent in 2016 and 34 percent in 2015 when compared to the year before. Discrimination against Latinos is on the rise as well: In 2015 complaints were double what they were a decade earlier, another report states.
“Housing discrimination isn’t getting better,” reports Next City. “If anything, it’s getting worse.” In fact, says a recent post by the organization, “2016 saw an uptick in housing-related hate activity, and since last fall there has also been an increase in hate crimes involving people who were harassed in their neighborhoods or at home.”
Start With Your Responsibilities
Policing hate groups on your property may not be far away, if this trend continues. Doing all that is possible to address discrimination at your property is of course the first step. The combined almost 30 percent of discrimination cases that stem from race, national origin and religion represent the closest overlap with possible hate incidents, so ensuring your properties are compliant in every respect is key.
Housing discrimination law is set by the federal government, and the Fair Housing Act (FHA) protects people from discrimination whether they are buying, renting or securing financing for any housing. Violations can cost thousands, lawyers note. “Understanding fair housing is the best protection against a claim that a fair housing law has been violated,” notes a real estate attorney writing for the American Bar Association.
Courts Broaden Scope of Protections
Landlords must navigate complicated terrain when it comes to ensuring fair housing. Even asking if a prospective tenant is pregnant could land them in hot water. “Those who are pregnant or in the process of securing legal custody of a child are also protected under ‘familial status,’” notes one landlord-focused website. “Although those questions may seem courteous, they could be considered discriminatory.”
Other potential pitfalls include wheelchair accessible parking spots, evicting hoarders and keeping out service animals when an apartment does not allow pets – another area of developing law and policy.
Earlier this year, a federal judge ruled for the first time that LGBT people are also protected under federal fair housing laws. The FHA guaranteed protection bud did not mention sexual orientation or gender identity, so “questions remained regarding whether LGBT people are covered. The answer, an increasingly common one in anti-discrimination cases, was yes,” the Washington Post reported.
State and municipal governments should follow this lead and openly expand protections, a city council president in Alabama recently wrote. “An attack on one person, regardless of their sexual orientation or color or religion or income, should be viewed as an attack on us all, because that is precisely what it is,” opined Birmingham City Council President Jonathan Austin. “Our freedom is not something that can be selectively rationed.”
Get a Pro on Your Side
Fair housing expert Paul Flogstad guides those involved in housing through this complex world in a two-day audio conference for AudioSolutionz and Assisted Housing Alert, “Fair Housing Virtual Boot Camp 2017: All About HUD and Federal Guidelines.” In addition to addressing discrimination and the basics of fair housing requirements, Flogstad promotes an understanding of HUD’s certification process, covers smoke-free rules, focuses on maintenance issues, investigates how fair housing rules relate to historic preservation and advises on criminal background checks. The conference is aimed at developers, property managers, Realtors, attorneys, housing authority staff, lenders, property owners and housing consultants.
