Item 3: Fair Housing and Disability Rights Presentation — original pdf

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Fair Housing and Disability Rights Austin Equity and Inclusion Agenda: Fair Housing Laws & Disability Rights • Fair Housing Act and ADA related to disability • Examples of Disability Discrimination in Housing • Reasonable Accommodations and Modifications Service Animals vs. Emotional Support Animals • What Housing Providers Need to Know Fair Housing Case Process & Updates • Intake Process and Investigation Process • Recognizing Fair Housing Progress: Increased Closures & Impact • Performance Period (07/06/2025-06/30/2026) Outreach and Community Engagement • Fair Housing Outreach: Moving Beyond Complaint Response to Proactive Engagement 2 What is Fair Housing? Fair Housing laws prohibit discrimination in housing-related activities, including rental, sales, lending, advertising, and zoning. Protected classes: • National Origin • Sex • Race • Color • Familial Status • Religion • Disability 1968 Fair Housing Act passed, including local adoption in Austin 1988 Fair Housing Act expanded to protect people with disabilities 1990 The Americans with Disabilities Act (ADA) further protects people with disabilities from discrimination in housing, public spaces, and employment 3 Definition on Disability under Fair Housing Act Under the law, a person has a disability if any ONE of these is true: Has a Condition A physical or mental condition that greatly limits one or more major life activities Has a History A record of that kind of condition, even if it's in the past Is Seen That Way Other people treat or view them as having that kind of condition What is a “major life activity”? Everyday things like walking, seeing, hearing, breathing, speaking, learning, working, and caring for yourself. 4 Examples of Disability Discrimination in Housing: • Refusing to rent to or renew the lease of a person because of a disability • Applying different terms, conditions, rules, or fees because of a disability • Steering people with disabilities to specific buildings or units • Refusing reasonable accommodations or reasonable modifications • Denying a service animal or assistance animal when permitted by law 5 Examples of Disability Discrimination in Housing: • Enforcing policies, such as guest rules, differently because of a disability • Failing to provide equal access to housing or common areas when required by law • Asking unnecessary or inappropriate questions about a person's disability • Retaliating against someone for requesting a reasonable accommodation or filing a fair housing complaint 6 Reasonable Accommodation/ Modification Both are changes that help a person with a disability use and enjoy their home. Accommodation Modification A change to rules, policies, or services. A physical change to the home or building. Example: Allowing a service or assistance animal in a “no pets” building, or a reserved parking spot close to the door. Example: Adding a ramp at the entrance, grab bars in the bathroom, or lowering kitchen counters. Good to Know: A request can be spoken or written. It must be “reasonable” — not too costly or hard to do. Housing providers cannot charge extra fees or deposits for these requests. 7 Service Animals vs. Emotional Support Animals Under the Fair Housing Act, both are assistance animals — not pets. SERVICE ANIMAL • Dog individually trained to perform disability-related tasks • Examples: guiding, seizure alerts, retrieving items • Task training required • Public access rights under the ADA (stores, restaurants, offices) • Protected in housing as a reasonable accommodation EMOTIONAL SUPPORT ANIMAL • Provides comfort through its presence: no task training required • Not limited to dogs; other common household animals qualify • Documentation of disability: related need may be requested • No general public access rights: protections are housing-focused • Equally protected in housing as a reasonable accommodation Good to Know: No pet fees • No pet deposits • No breed or size restrictions — for either 8 What Housing Providers Need to Know • "No pets" policies do NOT apply to assistance animals, service or ESA • Pet rent, deposits, and breed limits cannot be charged or enforced • Verification is limited: only when the disability-related need is not apparent • Denial only in narrow cases: direct threat, substantial damage, or undue burden 9 Complaint Intake Process: • Investigators contact/interview potential Complainant (CP) ⚬ by mail ⚬ phone ⚬ in person • Identify bases and issues; • Establish jurisdiction including location, timeframe and appropriate Respondent(s); prepare the complaint for signatures; • Serve the charge on Respondent within 10 days, with Request for Information to begin the investigation 10 Complaint Investigation Process: • Gather facts, statements/interviews, and documents about events, policies, and practices related to the complaint • Go onsite • Utilize standards of proof to determine if there is reasonable or no cause to believe discrimination occurred • Seek settlement or resolution through conciliation • Stay objective and impartial throughout the process 11 12 Fair Housing Impact FY25-26 Fair Housing Cases 43 13 cases were resolved through conciliation for a total of: $42,714 in relief Common public interest provisions include requirements for staff fair housing training, updates to non posting of fair housing notices, maintaining enhanced record and the adoption of reasonable accommodation policies for individuals with disabilities. - keeping and reporting practices, affirmative marketing efforts, - discrimination policies, Reflecting on Our Impact: Increased Case Closures Over the past year City of Austin increased fair housing case closures with more than 30% resolved through settlement, delivering remedies for residents without prolonged litigation 283+ attendees Analyzed Data Trends and Ordinance Impact Enhanced Community Coalition Convened at the Austin Equity and Inclusion's Fair Housing and Economic Mobility Conference (included various sessions regarding disabilities for example: Fair Housing Basics, Legal updates and Aging and Accessibility) Reviewed complaint and inquiry trends related to Fair Chance Hiring, the CROWN Act, and Tenants' Right to Organize. This will continue to inform community outreach and education Built intentional partnerships with community organizations to strengthen outreach and expand access to civil rights resources. Collaborated with partners to increase awareness, share information, and better serve the community. 14 Working Together to Expand Access to Information In partnership with community organizations, this year we are beginning to launch free community workshops that help residents understand: ⚬ Tenant rights and fair housing protections ⚬ Civil rights and disability protections ⚬ How to access City resources and support services ⚬ Where to get help if their rights have been violated Why These Partnerships Matter ⚬ Reach more community members through trusted organizations ⚬ Connect with overlapping audiences ⚬ Increase awareness of rights, resources, and available support 15 Contact Us U.S. Department of Housing and Urban Development (HUD): Fair Housing and Equal Opportunity: https://www.hud.gov/fairhousing One Texas Center 505 Barton Springs Road Ste. 515, 5th Floor Austin, TX 78704 Website: www.austintexas.gov/AEI Phone Number: 512-974-3251 Visit our Website: 16 Questions?